Detailed Action
The following is a final rejection made in response to amendments and remarks received on September 17th 2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Response to Applicant’s Amendments/Remarks
The Examiner has reviewed the Applicant’s amendments and remarks and agrees that the claims obviate further rejection under the grounds presented in the non-final action dated September 17th 2026. Those rejections are no longer considered to be applicable at this stage of prosecution.
The amended claims have been considered in their current form and a new prior art rejection is presented herein that accounts for the changes made in the claim language. The new grounds for rejection set forth in this action are considered to have been necessitated by amendment.
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 –
(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.
(a)(2) 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(b), 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.
The claims cited in this section are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub. No. 2001/0004058 (hereinafter referred to as “BAG CORP.”, “BAG”, or simply as “the reference”).
Regarding claim 1, BAG teaches a barrier structure (see Figs. 1, 7, and 9) comprising:
a plurality of external walls defining a container (bulk bag 20 is shown to have at least eight external walls forming “an octagon shaped bulkbag”; see para. [0023]) for receiving liquid1, the container having a top comprising at least one outlet (126; see Fig. 7), said external walls including a front external wall and a rear external wall, wherein said at least one outlet is provided in a cover that covers the top of the container (the fill spout / outlet is position on the top cover so that a conduit can extend through it; see Fig. 7); and
at least one internal wall (via internal liner 128) located in said container between said front external wall and said rear external wall, wherein at least said front external wall is formed from self-supporting, flexible, resilient material (the external walls are made up of sidewalls 50 that each include a stiffener panel 80 that provides structural posture to the container), and wherein said at least one internal wall is movable towards or away from either one or both of said front and rear external walls (the liner is a loose compartment that extends through the outlet into the container, the outer walls of the liner may be easily moved toward or away from any of the external walls).
Regarding claim 2, BAG teaches that either one or both of the front and rear external walls are formed from semi-rigid material (side wall assembly 50 and/or stiffener panels 80 are considered to be “semi-rigid material”).
Regarding claim 4, BAG teaches that the at least one internal wall is made from flexible non-resilient material, or wherein said at least one internal wall is formed from plastics (liner 128 is considered to be made from a plastic material, as liners typically used in similar containers are commonly constructed from flexible plastic material).
Regarding claim 19, BAG teaches that the cover is formed from flexible material2.
Regarding claim 20, BAG teaches that the front and rear external walls are formed from self-supporting, flexible resilient material, said material comprising plastics3, metal, or reinforced cardboard, and
wherein either one or both of said front and rear external walls is planar (see Fig. 7), convex, or concave, and/or wherein the barrier structure further includes side walls extending between said front and rear walls wherein said side walls are formed of the same material as said front and rear external walls (see Figs. 1 and 7).
Regarding claim 22, BAG teaches that the container is filled with liquid or gel4.
Allowable Subject Matter
Claims 3, 6-12, 14-16, 18, 24 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
While the Examiner is available via telephone to help resolve administrative issues regarding a patent application, Applicants are encouraged to consider utilizing the USPTO’s Inventor Assistance Center for general administrative and/or procedural matters at 800-786-9199. Issues relating to patentability and/or prospective amendments may be more efficiently discussed via email correspondence subsequent to the filing of form PTO/SB/439 (“Authorization for Internet Communications in a Patent Application”) authorizing permission for internet communication. The form is available online may be submitted for the record along with any other response to this action. In accordance with current USPTO policy, this form must be submitted on the record prior to internet communications being authorized. A written statement by the Applicant authorizing internet communications on the record is not sufficient. Once authorization is submitted, the Applicant may contact the Examiner at samir.abdosh@uspto.gov. In the event that a telephone conversation would be the easiest means of resolving issues related to the subject matter of a pending patent application, the Examiner may be reached by telephone at 303-297-4454. Interviews will not be granted after issuance of a final rejection unless it is to discuss an amendment that either places the application in condition for allowance or simplifies issues for appeal.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Samir Abdosh/
Primary Examiner, Art Unit 3641
1 See para. [0035] - “Bulk bags constructed in accordance with the present invention may be provided with conventional gland-type liners which facilitate the use of the bulk bag to receive, transport, discharge, and store liquids.”
2 See para. [0049] – “The bulk bag may be provided with a top closure which may be either flexible or rigid and which may be either permanently or releaseably secured.”
3 See para. [0048] – “The stiffening panels preferably comprise corrugated plastic”
4 See para. [0035] - “Bulk bags constructed in accordance with the present invention may be provided with conventional gland-type liners which facilitate the use of the bulk bag to receive, transport, discharge, and store liquids.”
