DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/12/2026 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
-Para. 0054 recites “griping the bulk material” but this should instead be “gripping the bulk material”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
-Claim 1, lines 8, 9-10 and 13 recite “the hold-in” (3 instances) which would be better recited as “the at least one hold in” to be consistent with “at least one hold-in” as recited on line 7.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 11,560,244 in view of Beale (US PGPUB 2001/0000464).
In this instance Claim 1 of U.S. Patent No. 11,560,244 renders Claim 1 of the instant application patentably indistinct.
Claim 1 of U.S. Patent No. 11,560,244 recites essentially all elements of the method of Claim 1 of the instant application but does not recite said first and said second quantities of bulk materials comprise at least one bulk material selected from the group consisting of: sand, minerals, agricultural materials, waste materials, nuclear waste products, landscaping or garden materials, bulk grains and seeds.
However, this feature is not viewed as a patentably distinguishable feature. Beale teaches another method of packaging bulk materials wherein the bulk materials comprise sand (Para. 0074), minerals, agricultural materials (soil; Para. 0058), waste materials (Para. 0007,0071-0072), nuclear waste products (Para. 0007), landscaping or garden materials (dirt, soil; Para. 0058, 0183), bulk grains and seeds (Para. 0065).
As outlined above, Beale teaches that packaging such bulk materials is known. It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the method of Claim 1 of U.S. Patent No. 11,560,244 to package materials as taught by Beale such that the materials can be packaged in bulk while reducing bulging of such a package.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim 1 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by LaFleur (US Patent 5,664,887-cited in IDS).
Regarding Claim 1, LaFleur discloses a method of packaging bulk material, the method comprising:
providing a soft-sided container (10; Figure 6) comprising:
a plurality of sides (26, 28) attached to a bottom (22; Figure 2), wherein each side of the plurality of sides (26, 28) has a corresponding height extending from the bottom (22) towards a top opening (at 24; shown as spout 34 in Figure 1) defined in the container (10);
at least one closeable top (30) to open and close the top opening (formed at 30; see Col 15, lines 27-31 outlining stitching to close the bag); and
at least one hold-in (122; Figure 6) having a first end (128) and a second end (128; Figure 6; Col 8, lines 14-30), wherein the first end (128) of the hold-in (122) is horizontally attached to a first side (28) of the plurality of sides (26, 28) at a location ranging from between 20 and 70 percent of the height of the first side (28; as shown in Figure 6, several hold-ins “122” are located within the height range), and
wherein the second end (128 associated with wall 26) of the hold-in (122) is not initially secured (note that the ends of the hold ins are not initially secured until the cord 124 of the hold-in 122 is knotted as outlined in Col 8, lines 14-30; note claim does not designate what is meant by “initially” and what time period such encompasses; note the alternative 103 rejection below);
placing a first quantity of bulk material into the container (10) through the top opening (i.e. via spout 34 of Figure 1), wherein the first quantity of bulk material only partially fills the container (10; note when filling the container per Col 8, lines 14-30, the container is gradually filled and therefore any point in time until it is fully filled can be viewed as partially filled);
extending the hold-in (122) from the first side (28) of the plurality of sides towards a second side (26) of the plurality of sides (26, 28), wherein the second side (26) is opposite of the first side (28; as outlined in Col 8, lines 14-30 and Figure 8, the hold-ins/loops extend as claimed); and
placing a second quantity of bulk material into the container (10) through the top opening (i.e. via spout 34 of Figure 1; again note that as the container is filled, during continuous filling of bulk material, during a first period of filling a “first” quantity is placed therein and during any second period of filling, a “second” quantity is placed therein),
wherein said first and said second quantities of bulk materials comprise at least one bulk material selected from the group consisting of: sand, minerals, agricultural materials, waste materials, nuclear waste products, landscaping or garden materials, bulk grains and seeds (Col 1, lines 15-16 outlines materials such as grains).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over LaFleur (US Patent 5,664,887-cited in IDS), in view of Beale (US PGPUB 2001/0000464).
Regarding the alternatives of Claim 1 of said first and said second quantities of bulk materials comprise at least one bulk material selected from the group consisting of: sand, minerals, agricultural materials, waste materials, nuclear waste products, landscaping or garden materials, bulk grains and seeds, LaFleur only discloses the one alternative of the material being grain.
Beale teaches another method of packaging bulk materials wherein the bulk materials comprise sand (Para. 0074), minerals, agricultural materials (soil; Para. 0058), waste materials (Para. 0007,0071-0072), nuclear waste products (Para. 0007), landscaping or garden materials (dirt, soil; Para. 0058, 0183), bulk grains and seeds (Para. 0065).
LaFleur discloses the package system being used for granular materials and it would have been obvious to one of ordinary skill in the art at the time the invention was made to have utilized the packaging method for other bulk materials such as sand, minerals, agricultural materials, waste materials, nuclear waste products, landscaping or garden materials, or seeds exemplified by Beale as this readily would result in such materials being packaged in a reinforced bag that does not become substantially bowed or bulged and therefore readily reduces the cost of packaging, shipping, storing and handling as taught by LaFleur (see Col 4, lines 5-15).
Alternatively, Claim 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over LaFleur (US Patent 5,664,887-cited in IDS), in view of Beale (US PGPUB 2001/0000464) and/or in further view of Chuang (US Patent 5,826,770-cited in IDS).
Alternatively regarding Claim 1, assuming arguendo that the second end of the hold in (122) of LaFleur cannot be readily viewed as not initially secured, in which the Examiner does not concede to, attention is brought to the teachings of Beale which includes another method of packaging bulk material which outlines a hold in feature (formed by flap 107-A comprising ties 187 or loops 188; Figures 4-5, 12A-12E) which extend from opposite side walls (91-2 and 92-2) of the container but are not connected until after the container is filled (Para. 0249).
Further attention can be brought to Chuang which teaches a container system including a container (10; Figure 1) comprising hold-ins (22; Figure 2) extending from opposite side walls of the container and wherein the hold-ins (22) are initially only secured to one side wall (as shown) and are subsequently connected (via 221) to secure the items filled therein (Col 2, lines 39-44).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the hold- n features of LaFleur to not be fastened/secured to both side walls until after filling as taught by both Beale and Chuang as such a modification readily allows for the hold-in features not to interfere with the filling of the container.
Even further, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the hold-ins of LaFleur to initially be secured to one side wall as taught by both Beale and Chuang because Applicant has not disclosed that such a configuration provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the hold-ins of LaFleur because in either instance, the walls of the container will be readily prevented from bulging.
Therefore, it would have been an obvious matter of design choice to modify LaFleur to obtain the invention as specified in the claim. Note Para. 0047 of Applicant’s specification which outlines such alternatives.
Examiner’s Note
Examiner notes that if Applicant submits a corresponding Terminal Disclaimer to overcome the Double Patenting rejection outlined above and further amends claim 1 as proposed below, such an amendment would readily overcome the prior art rejections above.
1.(Proposed) A method of packaging bulk material, the method comprising:
providing a soft-sided container comprising:
a plurality of sides attached to a bottom, wherein each side of the plurality of sides has a corresponding height extending from the bottom towards a top opening defined in the container;
at least one closable top to open and close the top opening; and
at least one hold-in having a first end and a second end, wherein the first end of the at least one hold-in is horizontally attached to a first side of the plurality of sides at a location ranging from between 20 and 70 percent of the height of the first side, and
wherein the second end of the at least one hold-in comprises a greater thickness than the first end and is not secured to any side of the plurality of sides ;
placing a first quantity of bulk material into the container through the top opening, wherein the first quantity of bulk material only partially fills the container;
extending the at least one hold-in from the first side of the plurality of sides towards a second side of the plurality of sides such that the at least one hold-in is laid over the first quantity of bulk material, wherein the second side is opposite of the first side; and
placing a second quantity of bulk material into the container through the top opening over the at least one hold-in,
wherein the second end of the at least one hold-in is configured to grip the first and second quantities of bulk material,
wherein said first and said second quantities of bulk materials comprise at least one bulk material selected from the group consisting of: sand, minerals, agricultural materials, waste materials, nuclear waste products, landscaping or garden materials, bulk grains and seeds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 8/26/2026
