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 .
Status of Claims
Claims 1-17 are pending and currently under consideration for patentability.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/16/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friske (US 9011395 B2) in view of Weinberg (US 20190328572 A1).
Regarding Claim 1, Friske teaches A drainable pouch, comprising:
a barrier side wall (14);
a distal wall (12);
an outlet defining a discharge opening, wherein the barrier side wall and the distal wall are joined along their peripheral edges to define a cavity and to define the outlet, the outlet being foldable upward toward the cavity (figs. 1 and 2) (column 4, lines 33-43); and
at least one closure member (22 and 24) located on and attached to a surface of the outlet and having a kink line that is formed in and extending across the closure member and protruding in a direction away from the surface of the outlet (column 5, lines 19-40) (annotated fig. 3), wherein the at least one closure member is configured to bend in the direction away from the surface of the outlet when opening the outlet (column 6, lines 61-column 7, line 14).
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Friske fails to teach a kink line that is defined by a crease formed-in-and-extending across the closure member and protruding in a direction away from the surface of the outlet or formed by a fold line extending across the closure member and protruding in a direction away from the surface of the outlet. Weinberg teaches an ostomy pouch with a kink line that is defined by a crease formed-in-and-extending across the closure member (236)(238) and protruding in a direction away from the surface of the outlet(224) or formed by a fold line extending across the closure member and protruding in a direction away from the surface of the outlet(224) (paragraph [0055])(figs. 7 and 8). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the closure member so it is formed or formed by a fold line extending across the closure member and protruding in a direction away from the surface of the outlet, similar Weinberg, so that the fastener is configured to engage and lock the outlet portion.
Regarding Claim 2, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches: a securing member (34) located on the barrier side wall (14) of the outlet and a cover flap (26) located on the distal side wall (12) of the outlet for receiving and securing the securing member when the outlet is folded up (column 7, lines 25-46) (figure 5B).
Regarding Claim 3, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the at least one closure member is configured to bend and open the outlet when a force beyond a threshold force is applied to outer edges of the at least one closure member (column 7, lines 25-35).
Regarding Claim 4, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the at least one closure member comprises first and second closure members, the first and second closure members including first and second kink lines (annotated figure below), respectively, and wherein the first closure member (22) is located on the barrier side wall of the outlet (14), and wherein the second closure member (24) is located on the distal side wall (12) of the outlet (figure 4) .
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Regarding Claim 5, Friske in view of Weinberg teaches a drainable pouch of claim 4. Friske further teaches wherein the first closure member is located near the discharge opening, and wherein the second closure member is positioned to align with the first closure member and to overlie a portion of the outlet at which the first closure member is located, when the outlet is folded up (annotated figure 4) (figure 5A-5D).
Regarding Claim 6, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the at least one closure member comprises a first closure member (22) including a first kink line extending across the first closure member and protruding in a direction away from a barrier side surface of the outlet and a second closure member including a second kink line extending across the second closure member (24) (figures 5A-5E)and protruding in a direction away from a distal surface of the outlet, wherein the first closure member is attached to the barrier side wall of the outlet and the second closure member is attached to the distal wall of the outlet and arranged vertically spaced apart from the first closure member such that an accordion-like folds are formed in the outlet (column 5, lines 19-55)(figures 5A-5E).
Regarding Claim 7, Friske in view of Weinberg teaches a drainable pouch of claim 6. Friske further teaches wherein the first and second closure members are configured and arranged such that the first closure member nests over the second closure member after a first folding up of the outlet (figure 5B).
Regarding Claim 8, Friske in view of Weinberg teaches a drainable pouch of claim 7. Friske further teaches wherein the first and second closure members are configured to provide a tactile feedback when first closure member correctly nests over the second closure member to facilitate leak-free closure of the outlet (column 6, lines 37-47).
Regarding Claim 9, Friske in view of Weinberg teaches a drainable pouch of claim 7. Friske further teaches wherein the first and second kink lines are formed across the corresponding closure members in a direction perpendicular to the direction of the outlet extending from the cavity (figure 3).
Regarding Claim 10, Friske in view of Weinberg teaches a drainable pouch of claim 4. Friske further teaches wherein the first and second closure members are configured to bend away from the outlet in opposite directions (fig. 3).
Regarding Claim 11, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the kink line is formed by a fold line extending across the corresponding closure member and protruding away from the outlet (column 5, lines 19-55)(figures 5A-5E).
Regarding Claim 12, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the kink line is defined by a crease extending across the corresponding closure member (figure 5).
Regarding Claim 13, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein each of the at least one closure member includes a cross-kink line arranged approximately in a midpoint of the closure member and configured to facilitate the closure member to bend at the midpoint in a direction away from the outlet when an inward force is applied to outer edges of the closure member to open the outlet (column 6, lines 61-67).
Regarding Claim 14, Friske in view of Weinberg teaches a drainable pouch of claim 13. Friske further teaches wherein the cross-kink line extends vertically in the direction of the outlet extending from the cavity (column 6, lines 61-67).
Regarding Claim 15, Friske in view of Weinberg teaches a drainable pouch of claim 13. Friske further teaches wherein the cross-kink line is formed by a fold line, score line, crease line, or an embossed line (column 6, lines 37-47).
Regarding Claim 16, Friske in view of Weinberg teaches a drainable pouch of claim 1. Friske further teaches wherein the at least one closure member is formed from a polymeric material (column 4, lines 55-63).
Regarding Claim 17, Friske in view of Weinberg teaches a drainable pouch of claim 16. Friske further comprising: a tab attached to a surface of the outlet and configured to facilitate opening the outlet to drain the cavity (column 7, lines 25-35).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/Adam Marcetich/Primary Examiner, Art Unit 3781
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