DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 4-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kanenari et al. (US 8,939,181), and further in view of Fehr et al. (US 2017/0232715 A1) as evidenced by Kashiba (US Patent No. 6,391,407).
Re: Claim 1, Kanenari discloses the claimed invention including a fluid reservoir comprising:
a first sheet (11) and a second sheet (12) coupled together around perimeter edges thereof (Col. 3, lines 34-35, heat sealing together), and defining an opening (17a, 17b) in communication with an internal space between the first and second sheets for fluid storage (Fig. 1):
wherein, exactly one of the first sheet or the second sheet comprises a four-layer insulated wall, the four-layer insulated wall (Fig., the four- layer insulated wall), comprising:
an interior layer (14b):
an exterior layer (14c);
a metallic film layer (14a); and
more layers (Col. 4, lines 7-10, additional layers); wherein the metallic film layer and the insulation layer are disposed between the interior layer and the exterior layer (Fig. 3, Col. 4, lines 7-10, additional layers) except for expressly stating the additional layers is an insulation layer. However, Fehr teaches a 4-layer insulated wall including an interior layer (Sealant layer), an exterior layer (outside layer), a metallic film layer (barrier layer), and a foam layer (foamed polyolefin), wherein he metallic film layer and the foam layer are extrusion bonded and are disposed between the interior layer and the exterior layer (Para. 57, extrusion bonded), wherein the metallic film layer is oriented toward the exterior layer and the foam layer is oriented toward the interior layer (Depicted in Fig. 3).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the layers taught by Fehr, since such a modification enhances the heat resistance for the packaging bag, and further it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Re: Claim 4, Kanenari as modified by Fehr discloses the claimed invention including the interior layer comprises a metallocene modified polyethylene (mPE} film, Col. 3, lines 54-55, polyethylenes may include those with metallocene as evidenced by Kashiba, col. 4, lines 1-15, metallocene polyethylene included when choosing between polyethylene.
Re: Claim 5, Kanenari as modified by Fehr discloses the claimed invention including the exterior layer comprises a metallocene modified polyethylene (mPE) film, Col. 3, lines 54-55, polyethylene may include those with metallocene as evidenced by Kashiba, col. 4, lines 1-15, metallocene polyethylene included when choosing between polyethylene.
Re: Claim 6-7, Kanenari as modified by Fehr discloses the claimed invention including the metallic film layer comprises aluminum foil coated polyethylene terephthalate (PET) resin (Col. 3, lines 48-55, aluminum foil, Fehr: para. 42, aluminum coated polyethylene terephthalate).
Re: Claim 8-9, Kanenari as modified by Fehr discloses the claimed invention including the insulation layer comprises a foam layer comprising a closed-cell polyethylene (PE) resin foam (Fehr: para. 17-18, closed cell polyolefin).
Re: Claim 10, Kanenari as modified by Fehr discloses the claimed invention including the metallic film layer and the insulation layer are extrusion bonded (Fehr: para. 57, extrusion bonded).
Re: Claim 11, Kanenari as modified by Fehr discloses the claimed invention including the interior layer, the exterior layer, the metallic film layer, and the insulation layer are extrusion bonded (Fehr: para. 57, extrusion bonded).
Re: Claim 12, Kanenari discloses the claimed invention including the opening comprises an upper opening (17a, 17b) defined between the first and second sheets at an upper end of the fluid reservoir (Fig. 1).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kanenari et al. (US 8,939,181) and Fehr et al. (US 2017/0232715 A1) as evidenced by Kashiba (US Patent No. 6,391,407) in the rejection of claim 1 above, and further in view of Bonneyrat (US 2005/0067432 A1).
Re: Claims 2-3, Kanenari discloses the claimed invention including the interior and exterior made of the same material of synthetic resins such a polyester or polyethylene (Col. 3, lines 54-60) except for stating the interior and exterior layers being polyurethane. However, Bonneyrat teaches the art recognized equivalents of selecting the interior layer and exterior layer of either thermoplastic polyurethane (TPU) or polyester or polyethylene (Para. 47-48, inner and exterior layer made from polyurethanes).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include the interior and exterior layers of TPU as taught by Bonneyrat, since Bonneyrat recites the equivalence of polyesters and polyurethanes for their use in the dispensing art in para. 48 and the selection of any of these known equivalents to hold fluid therein would be within the level of ordinary skill in the art. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kanenari et al. (US 8,939,181) and Fehr et al. (US 2017/0232715 A1) as evidenced by Kashiba (US Patent No. 6,391,407) above, and further in view of Hoskins (US 2015/0093052 A1).
Re: Claims 13, Kanenari discloses the claimed invention a closure (17), the closure comprising a first plate (17a) and a second plate (17b) coupled to the first sheet adjacent to the upper opening, the first and second plates being relatively more rigid than the first and second sheets (Col. 4, lines 15-24, closure) except for pins. However, Hoskins discloses, in figs 23-24, a fluid reservoir further comprising a closure 200, the closure comprising a first plate 206 and a second plate 208 coupled to the first sheet adjacent to the upper opening, the first and second plates being relatively more rigid than the first and second sheets, and wherein the first plate and the second plate comprises pins (212, 216) (Figs. 23-24).
It would have been obvious to one having ordinary skill on the art at the time the of the effective filing date to include the closure as taught by Hoskins, since Hoskins states in para. 7 that such a modification can provides reliable sealing, top-mounted orientation, easy filling, and/or can facilitate easy clean-up and drying of the bladder.
Re: Claim 14, Kanenari as modified by Hoskins above discloses the claimed invention including the first sheet and the second sheet are closed together to close the re-closable opening and are folded together along a crease (210, 226, 228) extending between the first and second plates with the first sheet overlapping the second sheet, the first plate and the second plate are positioned parallel and opposite each other on either side of the crease with the pins extending outwardly (Hoskins: Figs. 23-24, Para. 68, user may fold over the closure to form a crease).
Re: Claim 15, Kanenari as modified by Hoskins above discloses the claimed invention including the closure further comprises a closure frame (204, 206, 208) configured to be slid over the crease and over the first and second plates with the folded part of the first and second sheets held tightly closed between the two plates by compression pressure from the closure frame, thereby sealing closed the re-closable opening (Hoskins: Figs. 23-24, Para. 68, held tightly between plates).
Re: Claim 16, Kanenari as modified by Hoskins above discloses the claimed invention including the closure frame comprises slots (214, 220) that receive the pins of the first and second plates, the slots and pins being shaped to cooperatively prevent the closure frame from sliding horizontally relative to the plates in a direction parallel to the crease (Hoskins: Figs. 23-24, Para. 68, slots and pins).
Re: Claim 17, Kanenari as modified by Hoskins above discloses the claimed invention including the closure further comprises a closure lock (224) configured to be attached to the closure frame after the closure frame is mounted over the first and second plates with the pins engaged within the slots, wherein the closure lock blocks at least one of the pins from exiting a respective slot in the closure frame and thereby preventing the closure frame from sliding vertically off of the plates (Para. 69, closure lock for blocking pins).
Re: Claim 18, Kanenari as modified by Hoskins above discloses the claimed invention including the first plate comprises first and second pins (216, 214), and the second plate comprises first and second pins (212, 220); and wherein the slots of the closure frame comprise first slots at a first end portion of the closure frame that receive the first pin of the first plate and the first pin of the second plate, and wherein the slots of the closure frame comprise second slots at a second end portion of the closure frame, opposite the first end portion, that receive the second pin of the first plate and the second pin of the second plate (Para. 68-69, slots receive pins form the other plate).
Re: Claim 19, Kanenari as modified by Hoskins above discloses the claimed invention including the closure lock blocks the second pin of the first plate and the second pin of the second plate from exiting the second slots of the closure frame (Para. 69, closure lock for blocking pins).
Re: Claim 20, the rejection from claim 13-15 above covers the limitations recited in this claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references found on the PTO-892 provide additional examples of layered flexible containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
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