DETAILED ACTION
Claim Rejections - 35 USC § 102
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 –
the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1-7, 10-14 are rejected under 35 U.S.C. 102 as being anticipated by Hoehn (US 4666064).
Claim 1, Hoehn discloses a flexible or semi-flexible pouch (20) comprising:
a compartment for storing the bulk material;
a dispensing section (20’); and
a hanger portion (28, 29) by which the pouch can be hung up
such that the bulk material can flow, by gravity, from the compartment via the dispensing section out of the pouch;
a dispensing mechanism (50; 27) attached to the pouch (20), wherein the dispensing
mechanism comprises two parts (51, 52; or 37, 38; or 38, 39) which are manually moveable relative to one another so as to move between:
a closed position (FIG 3; or FIG 9) in which the dispensing section
is closed, by the two parts, so as to prevent the bulk material from flowing via the dispensing section out of the pouch, and
an open position in which the dispensing section is, by the two
parts, unfolded or allowed to unfold to form a dispensing channel (FIG 5, 9) so that the bulk material can flow, by gravity, from the compartment via the dispensing section out of the pouch; and
an elastic element (59; or 25, 26; or 37) arranged to force the two parts towards
the closed position.
Claim 2, Hoehn discloses wherein: the dispensing section (20’) comprises an
upstream section (upstream of 48), a foldable section (20’ at 48) and a
downstream section (downstream of 48),
the two parts (51, 52) are attached to the upstream and downstream sections,
in the closed position (FIG 4) the foldable section is folded to prevent the bulk
material from flowing via the dispensing section out of the pouch, and
in the open position (FIG 3) the foldable section is unfolded or allowed to unfold
to form the dispensing channel.
Claim 3, Hoehn discloses wherein the foldable section comprises two sub-
sections, and wherein:
in the closed position (FIG 4) the sub-sections are folded so as to be
parallel or across to one another (both upstream and downstream sections are parallel and lie along 51), and/or
the sub-sections extend in an angle to each other, wherein in the closed
position the angle is smaller than in the open position.
Claim 4, Hoehn discloses wherein the two parts (51, 52) comprise a bar (55; FIG 1-2) and a through opening (opening in 50), wherein the bar extends through the through opening such that the two parts are linearly guided relative to one another (FIG 5).
Claim 5, Hoehn discloses wherein the bar comprises a handling section (55; FIG 1-5).
Claim 6, Hoehn discloses wherein: in the closed position (FIG 4) the two parts delimit a space, at least one of the two parts comprises a handing region delimiting the space (inside of 59), and by manually operating the handling region, the two parts are configured to be moved into the open position (FIG 5).
Claim 7, Hoehn discloses wherein the elastic element surrounds, and/or wraps, the two parts (25, 26 surrounds 37, 38).
Claim 10, Hoehn discloses wherein the sub-sections are folded to form a U-shape (20 is folded to form a U-shape in groove 48).
Claim 11 depends on an alternative limitation of claim 3 that is not rejected as such it becomes optional and is inherently rejected when claim 3 is rejected.
Claim 12, Hoehn discloses wherein the handling section comprises a recess or a hole (FIG 2; recess formed between 55 and bar).
Claim 13, Hoehn discloses wherein the handling section is provided on a distal end of the bar (55; FIG 1-5).
Claim 14, Hoehn discloses wherein the at least one of the two parts is a part comprising a through opening (opening passing through 51).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hoehn as applied to claim 1 above.
Claim 9, Hoehn discloses wherein the dispensing mechanism is made of cardboard and/or paper.
Claim 9, Hoehn discloses the claimed invention except for the dispensing mechanism made of cardboard or paper. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the material in order to allow for easy recycling, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.
Claim(s) 8, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hoehn as applied to claim 1 above and further in view of Niessner (US 2023/0183464).
Claim 8, Hoehn substantially discloses the apparatus as claimed above but is silent on wherein the pouch and the dispensing mechanism are made of a cellulose-based material or material composition.
Niessner teaches cellulose based material pouch [0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoehn with cellulose based material as taught by Niessner in order to provide recyclable packaging.
Hoehn discloses the claimed invention except for the pouch and dispensing mechanism made of 80 %wt cellulose material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the amount of cellulose used in the outer packaging to the desired amount necessary for the container, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.
Claim 15, Hoehn substantially discloses the apparatus as claimed above but is silent on wherein at least part of the pouch is made of paper and/or cardboard.
Niessner teaches at least part of the pouch is made of paper and/or cardboard ([0047]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoehn with cardboard material as taught by Niessner in order to provide recyclable packaging.
Claim 16, the modified apparatus of Hoehn teaches wherein the at least part of the pouch is one or more layers of a multilayer with an oxygen and/or a moisture barrier function (Niessner: [0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
