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.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive.
In response to the applicant’s argument that Friske fails to teach a kink line that is formed in and extending across the closure member, the examiner disagrees. As seen in the annotated figure and in column 5, lines 19-40, the kink line is formed in the closure member. There is no claim language that indicates such formation needs to be a depression. The claim language of “and protruding in a direction away from the surface of the outlet” does not correlate to a depression as it is not clear what direction “away from the outlet” details. The closure member includes the kink lines and therefor the kink lines are within the closure member.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friske (US 9011395 B2).
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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Regarding Claim 2, Friske 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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, 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
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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