CMD Corporation

Patent Trials and Appeals Board

Nov 24, 2020

2020000770 (P.T.A.B. Nov. 24, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
14/966,412 12/11/2015 Paul A. Selle 6743-00197 8555
26753 7590 11/24/2020
ANDRUS INTELLECTUAL PROPERTY LAW, LLP
790 NORTH WATER STREET
SUITE 2200
MILWAUKEE, WI 53202
EXAMINER
TAWFIK, SAMEH
ART UNIT PAPER NUMBER
3731
NOTIFICATION DATE DELIVERY MODE
11/24/2020 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
patentdocketing@andruslaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte PAUL A. SELLE, KENNETH C. RADKE,
CHARLES H. SAUDER, PAUL A. JOHNSON,
CHRISTOPHER L. WHITE, ARVID R. JOHNSON,
GREGORY T. PRELLWITZ, MICHAEL J. STICKNEY,
THOMAS C. JANSEN, CHRISTOPHER A. SAUCIER,
TERRY L. LEIZKE, and BRADLEY J. SCHMOLL
Appeal 2020-000770
Application 14/966,412
Technology Center 3700
Before STEFAN STAICOVICI, CARL M. DEFRANCO, and
LEE L. STEPINA, Administrative Patent Judges.
STEPINA, Administrative Patent Judge.
Appeal 2020-000770
Application 14/966,412
2
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner’s decision to reject claims 7, 8, and 10.2 We have jurisdiction
under 35 U.S.C. § 6(b).
We reverse.
CLAIMED SUBJECT MATTER
The claims are directed to a method of making bags that locates
perforations close to bag seals without requiring a downstream knife. Spec.
3.
Claim 7, reproduced below with emphasis added, is illustrative of the
claimed subject matter.
7. A method of making bags comprising:
receiving a web;
forming a first seal on the web using a seal bar on a rotary
drum;
forming a weakened area adjacent the first seal for at least
a portion of the time the first seal is being formed by providing
electric current to a heating wire disposed in a plurality of holes
disposed along a line in the cross direction.
Appeal Br. 12 (Claims App.).
REFERENCES
The prior art relied upon by the Examiner is:

1 We use the word “Appellant” to refer to “applicant” as defined in 37
C.F.R. § 1.42. Appellant identifies CMD Corporation as the real party in
interest. Appeal Br. 3.
2 Claims 1–6, 9, and 13–15 have been cancelled, and claims 11 and 12 have
been withdrawn. Appeal Br. 5.
Appeal 2020-000770
Application 14/966,412
3
Name Reference Date
Wheeler US 6,486,442 B2 Nov. 26, 2002
Bohn US 6,635,139 B2 Oct. 21, 2003

REJECTION
Claims 7, 8, and 10 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Bohn and Wheeler.
OPINION
The Examiner finds that Bohn discloses many of the elements recited
in claim 7, including the step of forming a weakened area adjacent a seal,
but does not disclose that the weakened area is formed by providing electric
current to a heating wire disposed in a plurality of holes along a line in the
cross direction. Final Act. 2. To address this deficiency, the Examiner finds
Wheeler discloses a similar method that uses electric current in a heating
wire disposed in holes along a cross direction. Id. Specifically, the
Examiner finds Wheeler discloses “a supporter 100 within which there are
holes along the cross direction[, and w]ithin each of the holes is found a
heating tool 10, each heating tool 10 having a heating wire 16 disposed
therein.” Ans. 4. The Examiner discusses the claim interpretation applied to
claim 7 in the rejection, determining that, “in the broadest sense, [in
Wheeler,] there is a heating wire disposed in a plurality of holes as required
by the claim.” Id.
Appellant argues the Examiner erred in finding that Wheeler remedies
the deficiency in Bohn because, “at best[, Wheeler] teaches providing a wire
disposed in a single hole, not the claimed ‘providing electric current to a
heating wire disposed in a plurality of holes disposed along a line in the
Appeal 2020-000770
Application 14/966,412
4
cross direction.’” Appeal Br. 10. Appellant expands upon this argument in
the Reply Brief, asserting that Wheeler may disclose multiple wires, with
each wire located in a single hole, but not one wire extending through
multiple holes as required by claim 7. Reply Br. 2. Thus, Appellant
implicitly disagrees with the Examiner’s interpretation of claim 7 inasmuch
as Appellant’s argument is based upon the premise that claim 7 requires the
same wire to pass through multiple holes.
The Examiner is correct in finding that Wheeler discloses the use of
multiple heating devices 10, each containing its own heating wire (coil 16).
See Ans. 4–5; Wheeler Figs. 1, 5. However, under the broadest reasonable
interpretation of claim 7 in light of the Specification, a single heating wire
must be disposed within a plurality of holes. This interpretation complies
with the plain language of claim 7 and is consistent with Appellant’s
Figure 15 and the description thereof on page 14 of the Specification, which
describes heating wire 1502 as being “woven through the pattern of holes.”
Spec. 14:20–24. The Examiner’s unreasonably broad interpretation of
claim 7 led the Examiner to err in finding that Wheeler’s disclosure of
multiple heating devices 10, each containing its own distinct heating wire,
meets the requirement for “a heating wire disposed in a plurality of holes.”
The Examiner does not identify any other structure in Bohn and Wheeler
that meets this requirement. See Final Act. 2. Accordingly, we do not
sustain the rejection of claim 7, and claims 8 and 10 depending therefrom, as
unpatentable over Bohn and Wheeler.

Appeal 2020-000770
Application 14/966,412
5
CONCLUSION
The Examiner’s rejections are reversed.

DECISION SUMMARY

Claims
Rejected
35 U.S.C. § Basis Affirmed Reversed
7, 8, 10 103(a) Bohn, Wheeler 7, 8, 10
Overall
Outcome
7, 8, 10

REVERSED