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 .
This Office Action acknowledges the applicant’s amendment filed on 7/21/2026. Claims 1-26 are pending in the application.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: metallic coating and polymeric film layer.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is led to be indefinite as it is unclear if “a metallic coating deposited only on the film” is a product by process limitation or if the limitation precludes the metallic coating from contacting any structure other than the film. The latter does not appear to be supported by the original disclosure and at odds with the disclosure of the protective layer over the reflective layer. In light of the original disclosure the limitation will be interpreted as the former.
The limitation of “a metallic coating deposited only on the film, the film positioned facing and defining the cavity” is led to be indefinite. How does the film define the cavity if the metallic coating is deposited on the film which is bonded to the base layer?
Claim 8 is led to be indefinite as it is unclear if the reflective layer of the film is a newly recited structure or refers back to the metallic coating deposited only on the film.
Claim 15 is led to be indefinite as it is unclear if the metallized film requires both at least one reflective layer and a metallic coating or if the at least one reflective layer refers back to the metallic coating. In light of the original disclosure and in order to apply art claim 15 will be interpreted as the latter.
The limitation of claim 21 that “the discrete polymeric film layer is a metallized film, wherein a metallic coating is deposited only on the discrete polymeric film layer is led to be indefinite. Initially it is unclear if the metallic coating is on the polymeric film layer or part of the film layer as suggested by the polymeric film layer being a metallized film. Further, it is unclear if “deposited only on” is a product by process limitation or if the limitation precludes the metallic coating from contacting any structure other than the polymeric film layer. The latter does not appear to be supported by the original disclosure and is at odds with the disclosure of the protective layer over the reflective layer.
Claim 22 is led to be indefinite as it is unclear if the metallized film requires both a reflective layer and a metallic coating or if the reflective layer refers back to the metallic coating. In light of the original disclosure and in order to apply art claim 22 will be interpreted as the latter.
Claim Rejections - 35 USC § 102
Claim(s) 1-2 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bartolucci et al. US 2021/0107263 A1.
With regards to claim 1, Bartolucci (Fig. 1B) discloses a multi-ply bag comprising: a plurality of wall panels having a top edge and a bottom edge; and a bottom panel connected to the bottom edge (para. 0050; cross bottom/block bottom bag); wherein the plurality of wall panels and the bottom panel comprise a cavity defined between the plurality of wall panels and the bottom panel, an inner sheet facing the cavity (para. 0077), the inner sheet comprising a base layer 13/23 and a film 14/24 (para. 0069), an outer sheet 12/22 disposed opposite the cavity relative to the inner sheet, and at least one adhesive (para. 0055 and 0073) coupling the inner sheet and the outer sheet, the film comprising a discrete polymeric film layer that is bonded to the base layer, a metallic coating deposited only on the film (para. 0077; metalized PBSA), the film positioned facing and defining the cavity between the plurality of wall panels and the bottom panel, the outer sheet and the inner sheet being repulpable (Para. 0057, 0067, 0069 and 0072).
With regards to claim 2, Bartolucci (Para. 0050; cross bottom/block bottom bag) discloses the wall panels comprise main panels and side panels.
With regards to claim 8, Bartolucci (Fig. 1B) discloses the film 14/24 comprises a reflective layer. (para. 0077-0078 and 0080; metal).
With regards to claim 9, Bartolucci (Fig. 1B) discloses the reflective layer comprises metal. (para. 0077-0078 and 0080).
With regards to claim 10, Bartolucci (Fig. 1B) discloses the film 14/24 comprises multiple layers and wherein at least one of the multiple layers is a reflective layer. (para. 0077-0078 and 0080; metal: aluminum).
With regards to claim 11, Bartolucci (Fig. 1B) discloses at least one of the multiple layers is a protective layer. (para. 0080; barrier layer to protect from moisture).
Claim Rejections - 35 USC § 103
Claim(s) 3-7 and 19-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bartolucci et al. US 2021/0107263 A1 in view of Beer US 4,835,037.
With regards to claim 3, Bartolucci discloses the claimed invention (an adhesive coupling the inner sheet and the outer sheet), but it does not specifically disclose the adhesive have an adhesive pattern.
However, Beer teaches it was known in the art to have a multiple layer bag 20 (with inner sheet 24/outer sheet 26) have an adhesive (44/46a-f), to have an adhesive pattern. (Col 4:13-31)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the adhesive in Bartolucci by providing an adhesive pattern as taught by Beer for the purposes of creating passageways/spacing between the sheets to improve thermal insulation.
With regards to claim 4, Beer further teaches the adhesive pattern (Col 4:13-31) is discontinuous such that a one or more void (28; gas space between the layers) is defined between the inner sheet and the outer sheet. (Col 3:10-22)
With regards to claim 5, Beer further teaches at least one void 28 is vented (at 58; shown in Fig. 1).
With regards to claim 6, Bartolucci discloses a plurality of wall panels but it does not specifically disclose the plurality of wall panels and the bottom panel are formed from a unitary blank.
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However, Beer teaches that it was known in the art to have the plurality of wall panels 64 and the bottom panel (shown above) are formed from a unitary blank (roll of web material). (Col 3:3-7)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of wall panels and the bottom panel in Bartolucci by having it formed from a unitary blank as taught by Beer for the purposes of reducing weak points that may occur in the bag having multiple seams formed from multiple panels in the bag.
With regards to claim 7, Beer further teaches the plurality of wall panels and the bottom panel (shown above) are portions of a unitary blank. (Col 3:3-7)
With regards to claim 19, Bartolucci (Fig. 1B) discloses a multi-sheet bag comprising: an inner sheet assembly having a film side defining an interior surface of the multi-sheet bag, the inner sheet assembly having an opposite side, wherein the inner sheet assembly comprises a discrete polymeric film layer 14/24 (Para. 0055 and 0065) that is bonded to a paper layer 13/23 (Para. 0055 and 0057) of the inner sheet assembly; an outer sheet 12/22 (Para. 0055 and 0075) coupled to the opposite side.
Bartolucci discloses an adhesive coupling the inner sheet assembly and the outer sheet, but it does not specifically disclose at least one void disposed between the inner sheet assembly and the outer sheet, wherein the at least one void is defined between adjacent adhesive areas of a discontinuous adhesive pattern coupling the inner sheet assembly and the outer sheet; and at least one vent defined between the at least one void and an exterior of the multi-sheet bag.
However, Beer teaches it was known in the art to have at least one void 28 disposed between the inner sheet assembly 24 and the outer sheet 26, wherein the at least one void is defined between adjacent adhesive areas 44/46a-f of a discontinuous adhesive pattern coupling the inner sheet assembly and the outer sheet; and at least one vent (Fig. 1, passageways; 58) defined between the at least one void and an exterior of the multi-sheet bag. (Col 5:7-23 and 31-37)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bag in Bartolucci by having it at least one void between the inner sheet assembly and the outer sheet, between adjacent adhesive areas of discontinuous adhesive pattern coupling the sheets; and at least one vent defined between the at least one void as taught by Beer for the purposes of allowing the inner sheet to conform to the articles in the cavity and the outer sheet smooth.
With regards to claim 20, Beer further teaches each of the at least one vent (Fig. 1, passageways; 58) is selectively sealable (by folding the top portion of the bag down to close the passageway 58).
With regards to claim 21, Bartolucci (Fig. 1B) discloses the discrete polymeric film layer 14/24 is a metallized film, wherein a metallic coating is deposited only on the discrete polymeric film layer. (para. 0077-0078 and 0080)
With regards to claim 22, Bartolucci (Fig. 1B) discloses the metallized film comprises a reflective layer. (Para. 0077-0078 and 0080; aluminum)
With regards to claim 23, Bartolucci (Fig. 1B) discloses the reflective layer comprises metal. (Para. 0077-0078 and 0080; aluminum)
With regards to claim 24, Bartolucci (Fig. 1B) discloses the discrete polymeric film layer 14/24 comprises multiple layers and wherein at least one of the multiple layers is a reflective layer. (Para. 0077-0078 and 0080; aluminum)
With regards to claim 25, Bartolucci (Fig. 1B) discloses at least one of the multiple layers is a protective layer. (para. 0080; barrier layer to protect from moisture)
With regards to claim 26, Bartolucci (Fig. 1B) discloses the inner sheet assembly and the outer sheet are repulpable. (Para. 0057, 0067, 0069 and 0072)
Claim(s) 12-13 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over O'Hara et al. US 2021/0139200 A1 in view of Yializis et al. US 11,072,148 B2, incorporated by reference in Applicants specification.
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With regards to claim 12, O'Hara discloses a multi-ply bag (double sided cardboard; para. 0075) comprising: a metallized film (inner planar sheet/liner with a metallic thin-film coating; para. 0075) having a first film surface and a second film surface, the first film surface facing a bag interior; a first paper layer (fluted sheet material; para. 0075) having a first paper surface and a second paper surface, the second film surface applied to the first paper surface; a second paper layer (outer planar; para. 0075) having a third paper surface and a fourth paper surface, the second paper layer coextensive with the first paper layer, the third paper surface coupled to the second paper surface by a plurality of adhesive areas (glued fluted tips; see claim 3); and a plurality of voids (shown above, see claim 4) defined by the first paper layer, the second paper layer, and the plurality of adhesive areas.
O'Hara does not specifically disclose the metallized film comprising the metallic coating deposited only on the first film surface.
However, Yializis teaches that it was known in the art to have a multi-ply bag have a paper surface 410 and a film surface 420 with a metallized film comprising a metallic coating 430 deposited only on the first film surface.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the metallic coating in O'Hara by having it deposited only on the first film surface as taught by Yializis to ensure optimal bonding between the film and the paper surface.
With regards to claim 13, O’ Hara (para. 0075) discloses the plurality of adhesive areas comprise at least one adhesive pattern. (glued fluted tips)
With regards to claim 15, O’ Hara (para. 0075) discloses the metallized film is a film assembly, and wherein the film assembly comprises at least one reflective layer (aluminum; see claim 10) and at least one protective layer (water resistance coating; see claim 11). (process of applying aluminum and micro plastics coatings; multiple layers of film coatings, Para. 0043 and 0076)
With regards to claim 16, O’ Hara discloses the bag is repulpable. (See claim 1, for the details of the repulping of the bag.)
With regards to claim 17, O’ Hara discloses the bag is repulpable. (See claim 1, for the details of the repulping of the bag.)
With regards to claim 18, O’ Hara (para. 0075) discloses each of the first paper layer (fluted sheet material; para. 0075), second paper layer (outer planar; para. 0075), and metallized film (inner planar sheet/liner with a metallic thin-film coating; para. 0075) are repulpable.
(See claim 1, for the details of the repulping of the bag.)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over O'Hara et al. US 2021/0139200 A1 in view of Yializis et al. US 11,072,148 B2, incorporated by reference in Applicants specification and further in view of Fu et al. US 2018/0148246 A1.
With regards to claims 14, O’ Hara discloses at least one void but it does not specifically disclose it is vented.
However, Fu teaches that it was known in the art to have a bag with multiple layers have at least one void 909 vented. (Fig. 9 and Para. 0065, recites the void may be, one continuous air gap, or a plurality of separate air gaps isolated from one another between the substrates or open spaces)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the voids in O’ Hara by providing a vent as taught by Fu for the purposes of keeping the layers spaced apart.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-26 have been considered but are moot because of a new ground of rejection. However, with regards to the Applicants argument that O’Hara does not disclose “a metallic coating deposited only on the first film surface”, Yializis et al. 11,072,148, has been cited to teach that it was known in the art to have a multi-ply bag that includes a metallic coating deposited only on the first film surface. The Applicant also argues O'Hara does not disclose “the plurality of voids are defined between adjacent adhesive areas of the plurality of adhesive areas”, the Examiner respectfully disagrees. O’Hara recites in para. 0075, that glue is applied to the tips of the corrugated flutes, as shown above and Fig. 5, the tips are adjacent to the voids and therefore meet the claimed limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/ Examiner, Art Unit 3736
/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736
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