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 .
Application Status
This action is responsive to the claims filed 9 October 2025.
Claims 1-18 are currently pending and being examined.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“conveying element” in claim 1
“forming element” in claim 1, claim 14, and their dependents
“transverse sealing element” in claim 1
“longitudinal sealing element in claim 2
“folding element” in claim 4
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Conveying element will be interpreted as “[t]he conveying means 3 may be configured as rollers or bars or with any conformation that allows the film 2 of flexible material to advance. Conveniently, the conveying means 3 may comprise one or more movable parts which, moved in rotation by means of suitable motor means, drag the 10 film 2 placed in contact with the surface of said conveying means.” (Specification p.5)
Forming element will be interpreted as “a folding plate 14 having a substantially triangular shape with a fist side 10 configured as a leading edge 15 and two lateral edges from which a first flap 16 and a second flap 17 of the film 2 depart to meet along a meeting line 18 opposite the leading edge 15.” (Specification p.6)
Transverse sealing element will be interpreted as “[s]aid transverse sealing means 12 comprise sealing elements such as, for example, heated bars, ultrasonic sealers, or other means known in the art 20 configured to seal flexible packaging material.” (Specification p.5)
Longitudinal sealing element will be interpreted as “[t]he longitudinal sealing means 20, similarly to the transverse sealing means 12, comprise sealing elements such as, for example, heating 10 elements, ultrasonic sealers or other means in the known art configured for sealing flexible packaging material. (Specification p.7)
Claim Objections
Claims 1, 8-10, and 13 are objected to because of the following informalities:
Claim 1 line 5 “(A)” should be deleted.
Claim 8 line 3 recites “labeller” should read “labeler”.
Claim 9 line 3 recites “fist” should read “first”.
Claim 10 line 2 “(R)” should be deleted.
Claim 13 line 4 “(A)” should be deleted.
Claim 14 line 14 “(A)” should be deleted.
Appropriate correction is required.
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, 3-4, and their dependents 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 line 11 recites “the forming means”, which lacks antecedent basis. Examiner will interpret as “the forming element”.
Claim 1 line 13 recites “said forming means”, which lacks antecedent basis. Examiner will interpret as “the forming element”.
Claim 3 line 2 recites “the forming means”, which lacks antecedent basis. Examiner will interpret as “the forming element”.
Claim limitation “folding element” in claim 4 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The claim and specification merely recites that a gusset is formed in the bag and the figures do not show any structure to make the gusset. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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(s) 1-7 and 9-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapparini (US 2021/0070503) in view of JP2013154927, hereinafter “JP ‘927”, reference made to the Espacenet translation provided with this office action.
Rapparini teaches:
Claim 1: A machine (200-fig.2) for forming bags (100-fig.1) of flexible material (70-fig.2) having a closed base (12-fig.1), two opposite lateral sealed edges (10,11-fig.1)) and an opening mouth (5-fig.1), opposite to said closed base (¶[0072]; see fig.1), said machine comprising:
a conveying element (at least 34-fig.1; ¶[0118]) configured to advance a film of flexible material along an advance direction (arrows shown in fig.3; ¶[0118]);
a forming element (73-fig.3) configured to fold the flexible film along at least one folding line so as to bring together and superimpose two flaps of the film forming a folded film with an open longitudinal side (¶[0102]), and an opposite closed longitudinal side developing along the folding line, said open and closed longitudinal sides being parallel to each other (¶[0102], when the film leaves 73 there is an open and closed side, the blade 71 is downstream, therefore when the film leaves the forming device it still has an open and closed longitudinal sides);
a processing path of the folded film departing from the forming element, said open longitudinal side being aligned parallel to said processing path wherein said processing path includes a first straight section (vertical section in fig.2) which directly departs from said forming means and a second straight section (horizontal section in fig.2) which is downstream to said first straight section with respect to the advance direction (see fig.2 showing the horizontal section downstream of the vertical section), said first and second straight sections being spaced apart from each other (see fig.2 showing the horizontal section spaced apart from the vertical section); and
at least one transverse sealing element (21-fig.4) arranged along said processing path wherein said transverse sealing element is arranged along said second straight section of the processing path and configured to make on the folded film a transverse sealing which extends between said closed longitudinal side and said open longitudinal side of the folded film, so as to create said two opposite lateral sealed edges for each bag (¶[0157]-[0161]).
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Rapparini does not expressly teach said first and second straight section running substantially in parallel, so that the portion of the folded film along said first straight section and the portion of the folded film along said second straight section lay on respective planes that face each other.
However, JP ‘927 teaches a first and second straight section (annotated fig.1) running substantially in parallel (see annotated fig.1 showing the sections are parallel), so that the portion of the folded film along said first straight section and the portion of the folded film along said second straight section lay on respective planes that face each other (see annotated fig.1 showing the sections lay in respective planes that face each other).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the machine of Rapparini, by having the movement path, as taught by JP ‘927, as an alternative advancement and feeding direction that does not affect the end product, merely is just another way to feed a web.
Rapparini as modified by JP ‘927 further teaches:
Claim 2: The machine according to claim 1, further comprising at least one longitudinal sealing element (Rapparini: 42-fig.3) arranged along said first straight section (Rapparini: vertical section) and configured to seal the folded film along a longitudinal direction parallel to said first straight section (Rapparini: ¶[0107]-[0112]).
Claim 3: The machine according to claim 2, wherein said longitudinal sealing element is placed in proximity to the forming means (Rapparini: see fig.3 showing 42 adjacent and in proximity of 73).
Claim 4: The machine according to claim 2.
Rapparini does not expressly teach wherein said forming element further comprises a folding element configured to create a pair of secondary folds opposite each other and arranged on the sides of the folding line so as to form a "W" shaped gusset along the closed longitudinal side, and wherein said longitudinal sealing element is configured to seal the film along said pair of secondary folds.
However, JP ‘927 teaches a folding element (32-fig.1) configured to create a pair of secondary folds opposite each other (¶[0029]) and arranged on the sides of the folding line so as to form a "W" shaped gusset along the closed longitudinal side (see fig.2 showing a “W” shaped gusset along the closed sides), and wherein said longitudinal sealing element (42-fig.1) is configured to seal the film along said pair of secondary folds (¶[0021]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the machine of Rapparini, by adding a folding element, as taught by JP ‘927, so as to make a bag having a gusset, as a well-known alternative bag type commonly made.
Claim 5: The machine according to claim 1, wherein said first and second straight sections lay vertically.
Rapparini as modified by JP’ 927 does not expressly teach said first and second straight sections lay vertically.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention was made to rotate the whole machine ninety degrees, since it has been held that rearrangement of parts of an invention involves only routine skill in the art. MPEP §2144.04(Vl)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 6: The machine according to claim 1.
Rapparini as modified by JP’ 927 does not expressly teach said conveying element is configured to advance the folded film on said first straight section along an ascending direction, while on said second straight section along a descending direction.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention was made to rotate the whole machine ninety degrees, since it has been held that rearrangement of parts of an invention involves only routine skill in the art. MPEP §2144.04(Vl)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
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Claim 7: The machine according to claim 1, wherein said processing path of the film further comprises a third straight section (JP ‘927: annotate fig.1) which joins said first and said second straight sections (JP ‘927: see annotated fig.1 showing the that the first and third section are directly joined and the second and third section directly joined), said third straight section being arranged transversally with respect to said first and second straight sections (JP ‘927: see fig.1 showing the third section transverse to the first and second section).
Claim 9: The machine according to claim 1, wherein said forming element comprises a folding plate (Rapparini: 73-fig.3) having a substantially triangular shape (Rapparini: see fig. 3 showing 73 has a substantially triangular shape) with a first side configured as a leading edge (Rapparini: annotated fig.3) and two lateral edges (Rapparini: annotated fig.3) from which the two flaps of the film depart to meet along a meeting line opposite the leading edge (Rapparini: ¶[0102]-[0103]).
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Claim 10: The machine according to claim 9, wherein said leading edge extends substantially parallel to an axis of rotation of a supply reel of said film of flexible material (Rapparini: see fig. 3 showing the axis 63 is substantially parallel to the leading edge of first side), and said meeting line is arranged substantially perpendicular to said leading edge of the folding plate (Rapparini: see fig. 3 showing where meeting point of the lateral edges is substantially perpendicular to the first side).
Claim 11: The machine according to claim 1, further comprising a cutting device (Rapparini: 34-fig.15) arranged downstream said transverse sealing element and configured to cut the film along said transverse sealing, so as to sever the bags from each other (Rapparini: ¶[0161]).
Claim 12: The machine according to claim 1, wherein said transverse sealing element (Rapparini: 21-fig.3) is configured to seal intermittently (Rapparini: ¶[0157]-[0161]).
Claim 13: The machine according to claim 1, wherein said conveying element comprises dragging cylinders arranged along said processing path and configured to drag the film along the advance direction (Rapparini: “roller” ¶[0118]).
Rapparini teaches:
Claim 14: A method (200-fig.2) for forming bags (100-fig.1) of flexible material (70-fig.2) having a closed base (12-fig.1), two opposite lateral sealed edges (10,11-fig.1) and an opening mouth (5-fig.1), opposite to said closed base (¶[0072]; see fig.1), for filling of the bag (¶[0096]), said method comprising the following steps:
feeding a flexible film (at least 34-fig.1; ¶[0118]) from a supply reel (72-fig.3) along an advance direction (arrows shown in fig.3; ¶[0118]);
folding said film along at least one folding line (¶[0102]) by using a forming element (73-fig.3) to bring together and superimpose two flaps of the film forming a folded film (¶[0102]) with an open longitudinal side and an opposite closed longitudinal side developing along the folding line, said open and closed longitudinal sides being parallel to each other (¶[0102], when the film leaves 73 there is an open and closed side, the blade 71 is downstream, therefore when the film leaves the forming device it still has an open and closed longitudinal sides);
advancing the folded film along a processing path with said open longitudinal side parallel to said processing path wherein said processing path comprises a first straight section (vertical section in fig.2) which directly departs from said forming element and a second straight section (horizontal section in fig.2) which is downstream to said first straight section with respect to the advance direction (see fig.2 showing the horizontal section downstream of the vertical section), said first and second straight sections being spaced apart from each other (see fig.2 showing the horizontal section spaced apart from the vertical section); and
transverse sealing (21-fig.4) the folded film between said closed longitudinal side and said open longitudinal side of the folded film to create said two opposite lateral sealed edges for each bag wherein said transverse sealing is carried out along said second straight section of the processing path (¶[0157]-[0161]).
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Rapparini does not expressly teach said first and second straight section running substantially in parallel, so that the portion of the folded film along said first straight section and the portion of the folded film along said second straight section lay on respective planes that face each other.
However, JP ‘927 teaches a first and second straight section (annotated fig.1) running substantially in parallel (see annotated fig.1 showing the sections are parallel), so that the portion of the folded film along said first straight section and the portion of the folded film along said second straight section lay on respective planes that face each other (see annotated fig.1 showing the sections lay in respective planes that face each other).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the machine of Rapparini, by having the movement path, as taught by JP ‘927, as an alternative advancement and feeding direction that does not affect the end product, merely is just another way to feed a web.
Rapparini as modified by JP ‘927 further teaches:
Claim 15: The method according to claim 14, further comprising longitudinal sealing (Rapparini: 42-fig.3) the folded film along a longitudinal direction parallel to said first straight section, said longitudinal sealing being carried out along said first straight section (Rapparini: ¶[0107]-[0112]).
Claim 16: The method according to claim 15.
Rapparini does not expressly teach a secondary folding sub-step in which the film is further folded creating a pair of secondary folds opposite each other and arranged on the sides of said folding line so as to form a "W" shaped gusset along the closed longitudinal side, and wherein said longitudinal sealing step is carried out along said pair of secondary folds.
However, JP ‘927 teaches a secondary folding sub-step (32-fig.1) in which the film is further folded creating a pair of secondary folds opposite each other (¶[0029]) and arranged on the sides of said folding line so as to form a "W" shaped gusset along the closed longitudinal side (see fig.2 showing a “W” shaped gusset along the closed sides), and wherein said longitudinal sealing step is carried out along said pair of secondary folds (¶[0021]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the machine of Rapparini, by adding a folding element, as taught by JP ‘927, so as to make a bag having a gusset, as a well-known alternative bag type commonly made.
Claim 17: The method according to claim 14.
Rapparini does not expressly teach said first and second straight sections lay vertically, and the folded film is advanced on the said first straight section along an ascending direction, while on said second straight section along a descending direction.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention was made to rotate the whole machine ninety degrees, since it has been held that rearrangement of parts of an invention involves only routine skill in the art. MPEP §2144.04(Vl)(C). In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
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Claim 18: The method according to claim 14, wherein the folded film is moved along a third straight section (JP ‘927: annotate fig.1) of said processing path which joins said first and said second straight sections (JP ‘927: see annotated fig.1 showing the that the first and third section are directly joined and the second and third section directly joined), in which the film is moved substantially perpendicular to said first and second straight sections (JP ‘927: see fig.1 showing the third section substantially perpendicular to the first and second section).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapparini (US 2021/0070503) in view of JP2013154927, hereinafter “JP ‘927”, reference made to the Espacenet translation provided with this office action, further in view of Lauzon (US 6,440,051).
Rapparini as modified by JP ‘927 further teaches:
Claim 8: The machine according to claim 7.
Rapparini as modified by JP ‘927 does not expressly teach accessory stations configured to carry out further operations on the film and chosen among labeler, puncher, or printer.
However, Lauzon teaches a puncher (56-fig.1; 5:47-59).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the machine of Lauzon, by adding a hole punch, as taught by Lauzon, so once the bags are filled, they are ready to be hung for purchase.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATIE L GERTH/Examiner, Art Unit 3731
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