Zip Top v. BlueAvocado - Complaint

Case 1:18-cv-00276 Document 1 Filed 04/02/18 Page 1 of 30
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS,
AUSTIN DIVISION
ZIP TOP, LLC, AND §

§
FINELL CO., LLC, §
§ CIVIL ACTION NO. 1:18-cv-00276
Plaintiffs, §
JURY TRIAL REQUESTED
v. §
§
BLUEAVOCADO CO., §
§
Defendant. §
ORIGINAL COMPLAINT
Plaintiffs bring this action seeking declaratory judgment against defendant BlueAvocado
Co. as follows:
NATURE OF THE ACTION AND BACKGROUND
1. This action arises out of an attempted business partnership, wherein BlueAvocado
sought Finell Co., LLC to design a new line of heat-resistant, lightweight storage bags based on
concepts disclosed in BlueAvocado’s patent publications, as well as other products. After
exploratory discussions, Rebecca Finell determined the fit was not good and the parties parted
ways without entering into a partnership agreement.
2. BlueAvocado sought Rebecca Finell, CEO of Finell Co., LLC, because she has a
proven track record of disrupting traditional product categories with her innovative product
designs and marketing. In 2004, Rebecca Finell founded Boon, Inc., through which she created
and invented a wide variety of award winning BOON™ brand baby products, which parents
everywhere now use every day. In 2008, she founded Keen Distribution to distribute baby
products, such as the Bumbo™ baby seat. More recently, she founded Finell Co., LLC through
which she launched FINELL® brand luxury products, which quickly received international design
recognition, the attention of top luxury stores, and ongoing features in high-profile press and
movies for its award-winning luxury home goods and handbags.
3. After deciding not to partner with BlueAvocado, Rebecca Finell founded Zip Top
LLC through which she applied and continues to apply her creative genius and product
development connections to produce Zip Top™ containers. BlueAvocado now claims her Zip
Top™ containers infringe BlueAvocado patents, trademarks, and trade dress, and asserts she has
violated a non-disclosure agreement and misappropriated proprietary information.
4. Plaintiffs Finell Co. and Zip Top seek a declaration from this court that Zip Top™
containers do not infringe any intellectual property rights of BlueAvocado and that Finell Co. and
Zip Top have not violated the non-disclosure agreement or misappropriated trade secrets.
PARTIES
1. Plaintiff Finell Co., LLC is a Texas Limited Liability Company with a principal
place of business in Austin, Texas.
2. Plaintiff Zip Top, LLC is a Texas Limited Liability Company with a principal place
of business in Austin, Texas.
3. Plaintiff Zip Top offers virtually indestructible and endlessly reusable storage
containers molded from platinum silicone that stand up and stay open. Zip Top™ containers are
food safe, freezer safe, microwave safe, and oven safe heat resistant to 425 degrees Fahrenheit.
4. Defendant BlueAvocado Co. is a Texas Corporation with a mailing address of P.O.
Box 1691, Austin, TX 78767. Defendant BlueAvocado Co. may be served via its registered agent,
Capitol Corporate Services, Inc., 206 E. 9th St. Ste. 1300, Austin, Texas 78701-4411. On
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information and belief, Defendant BlueAvocado Co. is headquartered and conducts operations in
Austin, Texas.
5. BlueAvocado markets and sells plastic bags die cut from sheets of plastic and then
heat staked/sealed at the joints.
JURISDICTION AND VENUE
6. The Western District of Texas has subject matter jurisdiction over this action as it
involves patent rights arising under federal law, namely 35 U.S.C. § 100 et seq.; trademark and
trade dress rights arising under federal law, namely 15 U.S.C. § 1051 et seq.; and trade secrets
arising under federal law, namely 18 U.S.C. § 1836 et seq.
7. This action seeks a declaratory judgment and other relief under the Declaratory
Judgment Act, 28 U.S.C. §§ 2201–2202. It presents an actual case or controversy under Article
III of the United States Constitution and serves the essential purpose of clarifying and settling the
legal rights at issue. Specifically, this action in part seeks a declaration that Plaintiffs have not
violated any of BlueAvocado’s patent, trademark, or trade dress rights and that Plaintiffs have not
violated any obligation of confidentiality or misappropriated trade secrets. To the extent
BlueAvocado’s threat of litigation alleges a “violation of confidentiality” that sounds in Texas law
and not federal law, this Court may exercise supplemental jurisdiction over those state law claims.
8. This Court has general personal jurisdiction over BlueAvocado at least because
BlueAvocado is a Texas business entity and, upon information and belief, is headquartered and
conducts business in this judicial district.
9. This Court has specific personal jurisdiction over BlueAvocado at least because all
of the relevant events and acts took place in this judicial district.
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VENUE
10. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(1) and pursuant to
28 U.S.C. § 1400(b) because BlueAvocado resides in Austin, Texas.
GENERAL ALLEGATIONS
Rebecca Finell’s Prior Experience
11. Rebecca Finell has proven herself as a product designer and brand strategist.
12. In 2004, she founded Boon Inc., and served as its president, principal designer, and
chief brand strategist. Through Boon, she invented and marketed innovative and award winning
baby products, including: the Boon™ green grass drying rack, the Boon™ squirt spoon, and the
Boon™ “Frog Pod,” which is a stylish tool for scooping toys out of a bathtub and hanging them
out of the way to dry.
13. Detailed information about these BOON™ products is available at
www.booninc.com.
14. In 2008, she started Keen Distribution and served as its CEO. Keen took other
brand's baby products and distributed them into the U.S. market. It grew very fast, more than $5M
in year one. Keen elevated many products, including the Bumbo™ baby seat with branding,
product redesigns, packaging, photography, marketing, copy, new line
extensions. Rebecca Finell personally showed/sold each product line to big
mass market buyers in the U.S. market.
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15. In 2011, Rebecca Finell sold Keen Distribution and Boon, Inc. as a package deal to
TOMY for over $31 million, while retaining an ownership piece of the TOMY company.
16. In 2013, Rebeca Finell launched Finell Co. LLC to develop FINELL® branded
luxury products, including a line of tabletop accessories, serving trays, bowls, and even handbags.
Finell Co. LLC quickly received international design recognition, awards, and the attention of top
luxury stores. These products continue to be featured in high-profile press and movies.
17. Rebecca Finell invented and designed many FINELL® products made of silicone
because of its strength, flexibility and versatility. For example, FINELL® silicone products
include vessels and placemats/runners of different silicone shapes and colors.
18. Detailed information about FINELL® products is available at www.finell.co.
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19. Rebecca Finell is a prolific inventor. She has been issued seven (7) design patents
and eighteen (18) utility patents from the United States Patent and Trademark Office, and many
more applications are pending.
BlueAvocado Products, Patents and Trademarks
20. BlueAvocado Co. makes and sells (re)zip® products, which include: (1) a stand-up
leakproof reusable storage bag; and (2) a lay-flat leakproof reusable storage bag. Both bags are
made of plastic.
Detailed information about (re)zip® products is available at www.rezip.com.
21. No utility patents have yet been awarded to BlueAvocado for its bags, but two
utility patent applications are pending. BlueAvocado’s utility patent applications for the stand-up
bag and the lay-flat bag were made available for public inspection on July 23, 2015. U.S. Patent
Application No. 14,598,511 (the ’511 Patent Application) published as U.S. Publication No.
US2015/0203250, which is attached as Exhibit A. U.S. Patent Application No. 15/598,475 (the
’475 Application) published as US2015/0202832, which is attached as Exhibit B.
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22. Representative figures from the patent publications are shown with highlighting to
show the single-seams at the three panels of the stand-up design and the double-seams at the two
panels of the lay-flat design. While no utility patent has been issued on either application, the
examiner of the lay-flat application (the ’475 Patent Application) has issued a notice of allowance
on the pending claims, so a patent will likely issue within a few weeks. A true and correct copy
of the allowed claims is attached as Exhibit C.
23. BlueAvocado has one design patent for the lay-flat bag, U.S. Design Patent No.
D753,444. A copy is attached as Exhibit D.
24. BlueAvocado does not have a design patent for the stand-up bag.
25. Regarding trademarks, BlueAvocado has U.S. Reg. No. 4,615,447 for the
trademark (re)zip® for use on “resealable plastic snack bags, reusable plastic food storage bags
for household use.” A copy of the trademark registration certificate is attached as Exhibit E.
BlueAvocado’s Attempt to Partner with Finell Co.
26. On October 14, 2016, Amy George, a member of BlueAvocado’s Board of
Trustees, invited Rebecca Finell to explore a design/investment partnership and potential Board
role with BlueAvocado. She provided background information regarding BlueAvocado’s (re)zip®
products and advised BlueAvocado had two pending utility patent applications. Amy George
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invited Rebecca Finell to provide initial thoughts on a partnership under which Rebecca Finell
would help BlueAvocado design/invent “rezip 2.0” in exchange for royalty/equity.
27. On November 4, 2016, Amy George again reached out to Rebecca Finell to request
that she meet with Jim Pabst, BlueAvocado’s CEO, and stated, “please forward your ‘Me Package’
showcasing your awesomeness – so I can share with the team.” Amy George also provided a draft
Non-Disclosure Agreement for Rebecca Finell to consider on behalf of Finell Co. LLC. That same
day, Rebecca Finell signed the NDA as CEO of Finell Co. LLC and returned the NDA. A true
and correct copy of the NDA is attached as Exhibit F.
28. On December 6, 2016, Jim Pabst asked for and Rebecca Finell provided advice
regarding packaging and marketing strategies for BlueAvocado’s (re)zip® products being sold
through a specific retailer. The same day, Jim Pabst separately emailed to provide three slides of
a PowerPoint presentation being prepared for an upcoming BlueAvocado shareholder meeting,
wherein the slides introduce Rebecca Finell as an “Award-Winning Product Designer”, and the
FINELL® luxury brand as having “Proven Success – Silicone & Consumer”.
29. On December 13, 2016, Jim Pabst sent Rebecca Finell an email with a subject,
“Final Agreement,” and an attached version of a Term Sheet for Agreement. In the body of the
email, Jim Pabst stated, “Can you please review and sign this document if you are in agreement?
I will have a more formal agreement done later, but this will work for now.”
30. On December 15, 2016, Rebecca Finell emailed to Jim Pabst a version of a Term
Sheet for Agreement bearing her own signature and a date of December 15, 2016.
31. On December 19, 2016, Rebecca Finell emailed Jim Pabst to ask, “Any chance I
can get something signed before the meeting tomorrow?”
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32. On or about December 18 or 20, 2016, Rebecca Finell attended a BlueAvocado
shareholder meeting.
33. On December 21, 2016, Amy George emailed Rebecca Finell indicating that Jim
Pabst still had not yet counter-signed the Term Sheet for Agreement.
34. On January 7, 2017, Jim Pabst emailed Rebecca Finell to say, “yes we are ready to
kick off on Monday. Do you have anytime to hold a conference call with the team?” On January
9, 2017, Rebecca Finell responded that she was available to participate in a kick off teleconference
with the BlueAvocado team, and asked, “Could you also get me a signed copy of our agreement?”
35. On January 13, 2017, Jim Pabst emailed Rebecca Finell stating, “I want to discuss
our agreement one last time so we are all on the same page.”
36. On January 19, 2017, Amy George emailed Rebecca Finell with copy to Jim Pabst
to provide corporate formation and stock agreement documents, and explained, “As Jim described,
once we hear from you, he will furnish a final legal agreement and/or options agreement to govern
our consulting product development partnership.”
37. On January 23, 2017, Alain Denis, a BlueAvocado engineer, sent to Rebecca Finell
some drawings and tooling recommendations related to BlueAvocado’s then current (re)zip®
products.
38. On January 23, 2017, Jim Pabst emailed a version of a Term Sheet for Agreement
bearing his own signature and a date of January 19, 2017. In the email, Jim Pabst said, “Please
review, sign and send back. Thanks for waiting as we made the changes to options.”
39. On January 24, 2017, Rebecca Finell emailed Jim Pabst to reject the latest proposal
from BlueAvocado for the Term Sheet for Agreement, and to say that she will pass on the
partnership opportunity with BlueAvocado. She explained, “It appears that much more than the
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stock details have changed. Again, I don’t see how it would be possible to develop that many
products within this timeline and budget. Many other details of this term sheet have given me
great pause.” She closed, “I sincerely wish you the best.”
40. On January 25, 2017, Jim Pabst sent his last email to Rebecca Finell with a subject
line “Signed Agreement.” He stated, “I’ve attached our signed agreement that we executed just
before the share holders meeting. I completed this with you and it took care of all of your concerns
from the original that Amy drafted. . . . I agreed to keep it simple and I hope that we can move
forward with this executed agreement. The team is excited after our kick-off and would like to
build on the momentum. Sorry for the confusion with the other agreement, please delete as we
already have one in place.” The attached document bears Rebecca Finell’s signature dated
December 15, 2016, and Jim Pabst’s signature dated December 18, 2016, which appears to have
been back-dated.
41. Within a week, Rebecca Finell had a follow-up conversation with Amy George and
Amanda Nevins, another BlueAvocado Board of Trustees member. Rebecca Finell confirmed that
she had rejected all of BlueAvocado’s proposals for partnership, including the back-dated Term
Sheet for Agreement sent by Jim Pabst. She further told them it was too bad they could not make
a partnership because she had ideas for a silicon container substantially different than
BlueAvocado’s proposed heat-resistant version of the (re)zip® bag products. But she did not show
or discuss her silicone container ideas. Rebecca Finell further advised that she intended to
separately develop her ideas for a silicone container through a new company. Amy George and
Amanda Nevins did not discourage her from moving forward separately from BlueAvocado nor
did they suggest that doing so would in any way violate the NDA. They confirmed they had parted
ways.
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Finell’s Launch of Zip Top
42. In March 2017, Rebecca Finell, as chief product designer for Finell Co LLC, began
to develop her ideas for a silicone container.
43. On June 13, 2017, Zip Top LLC was formed as a Texas Limited Liability Company
to spin the Zip Top™ products out of Finell Co.
44. During March 10-13, 2018 at the International Home + Housewares Show in
Chicago, Illinois, Zip Top LLC presented to prospective retail buyer representatives its Zip Top™
line of endlessly reusable 100% platinum silicone containers that stand up, stay open and zip shut.
45. At the same time, Zip Top LLC launched its website (www.ziptop.co) to promote
its Zip Top™ silicone containers.
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The Zip Top™ line includes container in various shapes and sizes.
Detailed information about Zip Top™ products is available at
www.ziptop.co. Zip Top™ containers are in the final testing and
quality assurance phase. Zip Top LLC expects to begin manufacturing
soon.
BlueAvocado’s Demand for Damages
46. On March 26, 2018, BlueAvocado, through counsel, sent a letter to Rebecca Finell
alleging “your development, manufacture, marketing and sale of your ‘Zip Top’ reusable bags
violate BlueAvocado’s patent, trademark and trade dress rights and points to a violation of
confidentiality.” In particular, BlueAvocado asserts it has claims against Rebecca Finell for (1)
“unauthorized and unlawful appropriation of BlueAvocado’s patented and protected method for
the construction and design of its (re)zip® brand of reusable storage bags,” (2) infringement of its
federally registered trademark (RE)ZIP,” (3) “infringement of its protected trade dress,” (4)
violation of a non-disclosure agreement,” and (5) “misappropriation of its proprietary
information.” A copy of the demand letter is attached as Exhibit G.
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COUNT I – DECLARATORY JUDGMENT OF NO PATENT INFRINGEMENT
47. Plaintiff realleges and incorporates by reference the allegations contained in
Paragraphs 1 through 46 of this Original Complaint, as set forth above.
48. BlueAvocado alleged in its March 26, 2018 letter that the “‘Zip Top’ reusable bags
violate BlueAvocado’s patent . . . rights,” without identifying what patent rights it claims to have.
49. Upon information and belief, related to its (re)zip® brand of reusable storage bags,
BlueAvocado may own, if any, only one U.S. design patent, U.S. Design Patent No. D753,444,
and no U.S. utility patents. However, BlueAvocado appears to have two pending U.S. utility patent
applications, Serial Number 14/598,475 (the ’475 Application) and Serial Number 14/598,511 (the
’511 Application).
No Infringement of U.S. Design Patent No. D753,444
50. BlueAvocado may own U.S. Design Patent No. D753,444, naming Alain R. Denis
as the inventor (the ’444 Design Patent). The ’444 Design Patent is attached as Exhibit D.
51. A design patent is only infringed if an ordinary observer would be deceived into
believing that the accused product is the same as the patented design. See Egyptian Goddess, Inc.
v. Swisa, Inc., 543 F.3d 665, 681 (Fed. Cir. 2008) (en banc). “The ordinary observer test applies
to the patented design in its entirety, as it is claimed.” Crocs, Inc. v. Int’l Trade Comm’n, 598 F.3d
1294, 1303 (Fed. Cir. 2010) (internal citations omitted).
52. The ’444 Design Patent claims: “The ornamental design for a combined storage
and snack bag which is reusable, washable and sealable, as shown.” Figures 1–3 illustrate a plastic
bag with a wide seam around the sides. Those figures also show a plastic zipper-style closure like
that of many brand-name and store brand plastic zipper-top storage bags. Figures 4 and 5 show a
top and bottom elevation of the patented design. These figures show the very slim profile of an
almost two-dimensional plastic bag.
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53. Plaintiff Zip Top’s containers do not infringe the ’444 Design Patent because an
ordinary observer would not be deceived into believing the Zip Top™ container is the same as the
patented design of the (re)zip® lay-flat bag, as shown by the following chart.
(re)zip® lay-flat bag Zip Top™ container
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54. The Zip Top™ containers do not infringe the ’444 Design Patent because they have
a completely different shape, wherein the bag of the ’444 Design Patent is so thin it is almost two-
dimensional, while the Zip Top™ containers is clearly three-dimensional. The bag claimed in the
’444 Design Patent has a prominent double seam around three of its sides, while the Zip Top™
container has no seams at all (the ridge visible on the container is an artifact of it being molded
inside two half-shell molds and the ridge is merely where the half molds come together).
55. Plaintiffs respectfully request a declaration of non-infringement of the ’444 Design
Patent under the Declaratory Judgment Act, 28 U.S.C. § 2201.
No Infringement of the allowed claims of the ’475 Utility Patent Application
56. Plaintiffs do not infringe any claim of the ’475 Patent Application at least because
the U.S. Patent and Trademark Office (“PTO”) has not yet issued a patent on this application. The
printed publication showing the specification of the ’475 Patent Application is attached as Exhibit
B.
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57. The PTO has allowed claims and BlueAvocado appears to have paid the issue fee
so that a utility patent may issue in due course. The allowed claims are shown in the most recent
amendment and response to office action as Exhibit C. The Zip Top™ containers do not fall within
the scope of any allowed claim of the ’475 Patent Application and therefore will not infringe the
patent once it issues.
58. The ’475 Patent Application recites three independent claims. Each independent
claim requires separate sidewalls to be created and joined together with a double seam along three
edges. This double-seam arrangement is illustrated in annotated Figure 1.
59. Independent claim 1, as allowed, claims a “method of making a storage bag,
comprising” steps a-g including the following step:
60. Independent claims 21 and 26 also recite the same limitation.
61. The Zip Top™ containers do not have the required sidewalls or parallel double
seals between the sidewalls because the body of each Zip Top™ container is molded as a single
body of silicone. The ridge along the side walls and bottom of each Zip Top™ container is not a
seam, but a small amount of silicone material that forms in a small gap between two half-shells of
the mold. The following pictures (one zoomed and cropped) shows the Zip Top™ container turned
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partially inside out to better show the seamless top corner and the ridge formed when molded as a
single body of silicone.
62. To further demonstrate the absence of a seam, the following is a picture of the top
corner of a Zip Top™ container with a piece cut off. The corner shows that the body of a Zip
Top™ container is not formed by joining two sidewall pieces, but is molded from a single piece
of silicone.
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63. Plaintiffs respectfully request a declaration of non-infringement of the allowed
claims of the ’475 Patent Application under the Declaratory Judgment Act, 28 U.S.C. § 2201.
No Infringement of the pending claims of the ’511 Patent Application
64. Plaintiffs do not infringe any pending claim of the ’511 Patent Application at least
because the USPTO has not yet issued a patent nor has it indicated claims are allowable. The
printed publication showing the specification of the ’511 Patent Application is attached as Exhibit
A.
65. The PTO has not issued a notice of allowance in the ’511 Patent Application.
66. Plaintiffs do not practice any pending claim of the ’511 Patent Application and
therefore will not infringe the patent once it issues. The currently pending claims are show in the
January, 29, 2018 request for continued examination, which is attached as Exhibit G.
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67. The ’511 Patent Application recites one independent claim, claim 11. Claim 11
claims a “storage bag” comprising two separate sidewalls joined with a gusset along three sides of
the bag. This gusset is labeled 173 in Figure 15, which is highlighted here for reference.
68. Specifically, independent claim 11 claims: “A storage bag, comprising: a first
sidewall; a second sidewall” and several other limitations including:
69. This combination of limitations requires three separate components (two sidewalls
and a gusset) to be aligned and sealed together to form a container space.
70. The Zip Top™ containers do not have the required sidewalls, gusset or seals
between those three structures because each Zip Top™ container is molded as a single body of
silicone. The ridge along the side walls and bottom of each Zip Top™ container is not a seam, but
a small amount of silicone material that forms in a small gap between two half-shells of the mold.
The following pictures (one zoomed and cropped) shows the Zip Top™ container partially inside
out showing the seamless top corner and the ridge formed when molded as a single body of
silicone.
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71. To further demonstrate the absence of a seam, the following is a picture of the top
corner of a Zip Top™ container with a piece cut off. The corner shows that the body of a Zip
Top™ container is not formed by joining two sidewall pieces, but is molded from a single piece
of silicone.
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72. Plaintiffs respectfully request a declaration of non-infringement of the pending
claims of the ’511 Patent Application under the Declaratory Judgment Act, 28 U.S.C. § 2201.
COUNT II – DECLARATORY JUDGMENT OF NO TRADEMARK INFRINGEMENT
Paragraphs 1 through 72 of this Amended Complaint, as set forth above.
74. BlueAvocado alleges “infringement of its federally registered trademark
“(RE)ZIP.” See Blue Avocado’s Demand Letter, Exhibit H.
75. To prevail on its claim of trademark infringement under the Lanham Act,
BlueAvocado must show two elements: (1) (re)zip® is a legally protectable trademark; and (2)
Zip Top’s use of Zip Top™ creates a likelihood of confusion as to source, affiliation, or
sponsorship. See Streamline Prod. Sys., Inc. v. Streamline Mfg., Inc., 851 F.3d 440, 450 (5th Cir.
2017).
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76. The USPTO has issued U.S. Reg. No. 4,615,447 (“the 447 Trademark
Registration”) for the trademark (re)zip® for use with “resealable plastic snack bags, reusable
plastic food storage bags for household use.” See ’447 Trademark Registration Certificate, Exhibit
E. However, the ’447 Trademark Registration appears on the Supplemental Register, rather than
the Principal Register.
77. A trademark registered on the supplemental register is afforded no statutory
presumptions and “Supplemental Registration creates no substantive rights.” E.G. Browne Drut.
Co., Inc. v. Cococare Prods., Inc., Case No. 03-cv-5442, 2006 WL 2683024, at *6 (D.N.J. Sept.
18, 2006) (citations omitted).
78. The (re)zip® word mark has not acquired secondary meaning. On information and
belief, (re)zip® branded bags are sold online directly from BlueAvocado and through national
retailers such as Target, Bed Bath and Beyond, and Amazon.com. While the retailers sell (re)zip®
branded bags online, they have not widely stocked (re)zip® branded bags in their brick-n-mortar
stores. On information and belief, other than Internet advertising, (re)zip® brand bags have not
been advertised nationally.
79. (re)zip® is not a legally protectable word mark.
80. BlueAvocado cannot show a probable likelihood that consumers will confuse Zip
Top’s use of Zip Top™ with BlueAvocado’s use of (re)zip®. Xtreme Lashes. LLC v. Xtended
Beauty, Inc., 576 F.3d 221, 226 (5th Cir. 2009) (“’Likelihood of confusion’ means more than a
mere possibility; the plaintiff must demonstrate a probability of confusion.”).
81. A trademark examiner at the USPTO found no likelihood of confusion. The
USPTO is examining Zip Top’s Trademark Application No. 87/451,236 for Zip Top™ on
“silicone reusable sealable cups, bowls, and containers for household use.” In Zip Top’s
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application, “the trademark examining attorney has searched the Office’s database of registered
and pending marks and has found no conflicting marks that would bar registration under
Trademark Act Section 2(d).” See Office Action sent 8/18/2017, Exhibit I.
82. The Zip Top™ word mark is not confusingly similar with the (re)zip® word mark.
83. The logos are also not confusingly similar. The (re)zip® logo raises the “re” higher
than the “zip” and the parentheses are tilted relative to the raised lettering, while “(re)zip” is all
one word. Further, the (re)zip® logo uses all lower case letters, where “(re)” is in black color and
“zip” is in green color. Quite differently, the Zip Top™ logo uses two separate words “Zip” and
“Top” wherein the words are positioned at the same height. The Zip Top™ logo capitalizes the
first letter of each word and both words are in white color on a square black background with no
other colors.
(re)zip® Zip Top™
84. The Zip Top™ logo, using white lettering on a square black background, is similar
to the FINELL® logo.
FINELL® Zip Top™
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85. Plaintiffs respectfully request a declaration that Zip Top’s use of Zip Top™ on
silicone containers does not infringe BlueAvocado’s registration of (re)zip® on plastic bags under
the Declaratory Judgment Act, 28 U.S.C. § 2201.
COUNT III – DECLARATORY JUDGMENT OF NO TRADE DRESS INFRINGEMENT
86. Plaintiffs reallege and incorporate by reference the allegations contained in
87. Trade dress may be protected under federal law, but BlueAvocado must show that
its product design or packing is inherently distinctive or that it has acquired a distinctiveness that
serves to identify the product with its manufacturer or source (secondary meaning).
88. On information and belief, BlueAvocado’s (re)zip® bags and associated packaging
are not inherently distinctive, nor have they acquired secondary meaning.
89. The trade dress of Zip Top™ containers is distinguishable from the trade dress of
(re)zip® bags at least because the (re)zip® bags are angular and made of thin plastic. In contrast,
the Zip Top™ containers are made of thick-walled silicone with rounded, seamless sides and
corners and stands freely with the mouth open.
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90. The trade dress of the packaging is also distinguishable. (re)zip® trade dress
includes a color scheme of white, green and black, while the Zip Top™ packaging color scheme
is only white and black. The (re)zip® bag package is a box while the Zip Top™ package is a tri-
fold hanger so the silicone container is more clearly visible and accessible.
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91. Plaintiffs respectfully request a declaration that BlueAvocado has no rights in the
trade dress of its (re)zip® bags and packaging, and Zip Top™ containers and packaging do not
infringed any valid trade dress rights under the Declaratory Judgment Act, 28 U.S.C. § 2201.
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COUNT IV – DECLARATORY JUDGMENT OF NO BREACH OF NDA
92. Plaintiffs reallege and incorporate by reference the allegations contained in
93. Plaintiffs have not disclosed or used any technical confidential information of
BlueAvocado where: (i) the technical information disclosed to Rebecca Finell was already
publicly available via BlueAvocado’s Patent Application Publication Nos. US 2015/0203250 and
US 2015/0202832; and (ii) the silicone Zip Top™ containers and the silicone molding process
used to make silicone Zip Top™ containers are radically different than the plastic (re)zip® bags
and the process for making (re)zip® bags by stamping panels from sheets of plastic, folding the
panels, and heat staking the edges to seal the sides as published via BlueAvocado’s Patent
Application Publication Nos. US 2015/0203250 and US 2015/0202832.
94. Plaintiffs have not disclosed or used any financial confidential information of
BlueAvocado where the Finell Co. and Zip Top have independently funded the development and
promotion of Zip Top™ containers, such that there have been no disclosures, much less disclosures
of BlueAvocado confidential information, to third party investors.
95. Plaintiffs have not disclosed or used any supplier or buyer contacts confidential to
BlueAvocado because no such supplier or buyer contacts where disclosed to Rebecca Finell, and
Finell Co. and Zip Top have only used to develop and promote Zip Top™ containers those
suppliers and buyers known to Rebecca Finell since before her involvement with BlueAvocado.
96. Plaintiffs respectfully request a declaration that Plaintiffs have not breached any
non-disclosure or use obligations of the NDA under the Declaratory Judgment Act, 28 U.S.C.
§ 2201.
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COUNT V – DECLARATORY JUDGMENT OF NO MISAPPROPRIATION OF TRADE

SECRETS
98. Plaintiffs have not misappropriated any technical trade secrets of BlueAvocado
where: (i) the technical information disclosed to Rebecca Finell was already publicly available
via BlueAvocado’s Patent Application Publication Nos. US 2015/0203250 and US 2015/0202832;
and (ii) the silicone Zip Top™ containers and the silicone molding process used to make silicone
Zip Top™ containers are radically different than the plastic (re)zip® bags and the process for
making (re)zip® bags by stamping panels from sheets of plastic, folding the panels, and heat
staking the edges to seal the sides as published via BlueAvocado’s Application Publication Nos.
US 2015/0203250 and US 2015/0202832.
99. Plaintiffs have not misappropriated any financial trade secrets of BlueAvocado
where the Finell Co. and Zip Top have not used any such financial information, in particular, Finell
Co. and Zip Top have independently funded the development and promotion of Zip Top™
containers.
100. Plaintiffs have not misappropriated any supplier or buyer contact trade secrets of
BlueAvocado because no such supplier or buyer contacts where disclosed to Rebecca Finell, and
Finell Co. and Zip Top have only used to develop and promote Zip Top™ containers those
suppliers and buyers known to Rebecca Finell since before her involvement with BlueAvocado.
101. Plaintiffs respectfully request a declaration that Plaintiffs have not misappropriated
any of BlueAvocado’s trade secrets under the Declaratory Judgment Act, 28 U.S.C. § 2201.
28
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs Zip Top, LLC and Finell Co., LLC ask this Court to enter
judgment against Defendant BlueAvocado Co., its subsidiaries, affiliates, agents, servants,
employees, and all persons in active concert or participation with BlueAvocado, granting the
following relief:
A. A declaration that Plaintiffs do not infringe any patent rights owned by
BlueAvocado;
B. A declaration that Plaintiffs do not infringe any trademark rights owned by
BlueAvocado;
C. A declaration that Plaintiffs do not infringe any trade dress rights owned by
BlueAvocado;
D. A declaration that Plaintiffs did not breach any non-disclosure obligations;
E. A declaration that Plaintiffs did not misappropriate BlueAvocado’s trade
secrets;
F. A finding that this case is exceptional and an award to Plaintiffs its
attorneys’ fees and costs as provided by 35 U.S.C. § 285 and 17 U.S.C. § 1117(a).
G. Such other and further relief as this Court or a jury may deem proper and
just.
JURY DEMAND
Plaintiffs demand a trial by jury on all issues presented in this Original Complaint.
29
Dated: April 2, 2018. Respectfully submitted,
/s/ R. William Beard Jr.

R. William Beard, Jr. (SBN 00793318)
LEAD COUNSEL
wbeard@sgbfirm.com
Truman H. Fenton (SBN 24059742)
tfenton@sgbfirm.com
SLAYDEN GRUBERT BEARD PLLC
401 Congress Avenue, Suite 1650
Austin, Texas 78701
Tel: 512.402.3550
ATTORNEYS FOR PLAINTIFFS
30
Case 1:18-cv-00276 Document 1-1 Filed 04/02/18 Page 1 of 2
JS44 (Rev. 06/17)

CIVIL COVER SHEET
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purpose of initialing the civil docket sheet. (SEh'INSTRUCTIONS ON NEXTPAGE OF THISFORM.)
I. (a) PLAINTIFFS DEFENDANTS
Zip Top, LLC and Fined Co.. LLC BlueAvocado Co.
(b) County of Residence of FirstListedPlaintiff TraviS County, TexaS County of Residence of FirstListed Defendant Travis County, Texas
(EXCEPTIN U.S. PIAINTU-TCASES) (IN U.S. PLAINTIFF CASES ONLY)
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Slayden Grubert Beard PLLC; 401 Congress Avenue, Suite 1650 Stephen A. Aguilan Ressler Wynne Ressler, PC; 620 Congress
Austin. TX 78701; 512-402-3550 Avenue, Suite 320; Austin, TX 78701; 512-320-0601
fl. BASIS OF JURISDICTION (Placean "X" moneBoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Phcean-X"InOneBoxforPlmnnJf
(For Diversity Cases Only) and One Boxfor Defendant)
O 1 U.S. Government St 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Covernmeni Not a Parly) Citizen ofThis State • 1 O 1 Incorporated or Principal Place O 4 O 4
of Business In This State
O 2 U.S. Government • 4 Diversity Citizen of Another Slate a 2 a 2 Incorporated om/Principal Place • 5 OS

Defendant (Indicate Cilizenship ofParlies in hem III) of Business In Another State
Citizen or Subject ofa • 3 0 3 Foreign Nation • 6 O 6

Forciun Country
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1 CONTRArr TORTS FORFFITIJRFyPF.NAI.TV BANKRUPTCY OTHER STATIITF»S 1
• 110 Insurance PERSONAL INJURY PERSONAL INJURY D 625 Drug Related Seizure O 422 Appeal 28 use 158 • 375 False Claims Act
• l20Mannc • 310 Airplane O 365 Personal Injury - ofPropctty2l use 881 a 423 Withdrawal • 376 Qui Tarn (31 USC
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O 362 Persona]Injury - Prtxluct Liability • 751 Familyand Medical • 893 Environmental MaQers
Medical Malpractice Leave Act 0 895 Freedom of Information
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0 245 Tort Product Liability Accommodations • 530 General • 950 Constitutionality of
O 290 All Oilier Real Property • 445 Amer, w/Disabilitics - • 535 Death Penalty IMMIGRATION State Statutes
Employment Other: • 462 Naturalization Application
• 446 Amer, w/Disabilities - • 540 Mandamus & Other • 465 Oilier Immigration
Other • 550 Civil Rights Actions
O 448 Education C3 555 Prison Condition
• 560 Civil Detainee •
Conditions of
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V. ORIGIN (Placean "X" inOne Box Only)

Original • 2 Removed from • 3 Remanded from • 4 Reinstated or • 5 Transferred from • 6 Multidislrict • 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Donot citejurisdictionalstatutes unless diversity)-.
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VI. CAUSE OF ACTION
Brief description of cause:
Declaration of non-infringement of patent, trademark, and trade dress and declaration of no breach of NDA
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VIII. RELATED CASE(S)

(See instructions):
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DATE NATURE OF ATTORN

" aSLGN; F RECORD
04/02/2018
FOR OFFICE USE ONLY
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RECEIPT # AMOUNT APPLYING IFP RJDGE MAO. JUDGE
JS 44 Reverse (Rev. 06/17)
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Exhibit A
US 20150203250A1
(19) United States
(12) Patent Application Publication (10) Pub. No.: US 2015/0203250 A1
Denis et al. (43) Pub. Date: Jul. 23, 2015
(54) WASHABLE, WATERPROOF, SEALABLE AND (52) U.S. Cl.

REUSABLE SOFT GUSSETED VOLUMIZED CPC .............. B65D33/16 (2013.01); B29D 22/003
STORAGE BAGS (2013.01)
(71) Applicant: BlueAvocado, Co., Austin, TX (US) (57) ABSTRACT
Disclosed are embodiments of a Volume control storage bag
(72) Inventors: Alain Denis, Cedar Park, TX (US); Amy and methods of making same. The Volume control storage bag
George, Austin, TX (US) may have first and second sidewalls, a double-locking closure
mechanism with a first closure element extending along the
(21) Appl. No.: 14/598,511 first sidewall and a second closure element extending along
1-1. the second sidewall, each closure element having a channel
(22) Filed: Jan. 16, 2015 and an elongated member configured for interlocking with
O O one another. A gusset is sealed along three sides of the first
Related U.S. Application Data and second sidewalls, leaving an opening through the closure
(60) Provisional application No. 61/928,579, filed on Jan. mechanism and defining an interior space having a specific
17, 2014. volume. Corner seals may beformed at the corners of the first
and second sidewalls, further reinforcing the double-locking
Publication Classification closure mechanism for an airtight and hence waterproof seal.
The Volume control storage bag may be made of a food-grade
(51) Int. Cl. polyethylene vinyl acetate blend, approximately 90% or less
B65D 33/6 (2006.01) ethylene vinyl acetate and approximately 10% or less poly
B29D 22/00 (2006.01) ethylene.
11a
13b
16C
13a
16b
Patent Application Publication Jul. 23, 2015 Sheet 1 of 16 US 2015/0203250 A1
S.
5 8 3
40
41 CREATE FIRST PORTION HAVING

FIRST CLOSURE ELEMENT
42 CREATE SECOND PORTION
JOIN FIRST PORTION AND SECOND

43 PORTION TO CREATE FIRST SIDEWALL
WITH FIRST CLOSURE ELEMENT
44 CREATE COMPLEMENTARY FIRST PORTION

HAVING SECOND CLOSURE ELEMENT
JOIN COMPLEMENTARY FIRST PORTION

45 WITH COMPLEMENTARY SECOND
PORTION TO CREATE SECOND SIDEWALL
WITH SECOND CLOSURE ELEMENT
ALIGN FIRST SIDEWALL AND SECOND

SIDEWALL SUCH THAT FIRST CLOSURE
46 ELEMENT AND SECOND CLOSURE ELEMENT
FORM DOUBLE-LOCKING CLOSUREMECHANISM
FORM DOUBLE SEALSALONG THREE

SIDES OF FIRST SIDEWALL AND SECOND
47 SIDEWALL LEAVING OPENING THROUGH
DOUBLE-LOCKING CLOSUREMECHANISM
FORMCORNER SEALSAT CORNERS

TO REINFORCE DOUBLE-LOCKING
49 CLOSUREMECHANISM
FIG. 4
s
S3
o
SG. s
75a 750
FIG. 7
80b
80a
12a
12a

100
t
110
FIG 11

5
140
Y
121 CREATE
CREATE FIRST
FIRST PORTION
PORTION HAVING
HAVING FIRST
FIRST CLOSUREELEMENT
CLOSURE ELEMENT
123 CREATE SECONDPORTION

CREATE SECOND PORTION
125 JOIN FIRST PORTION AND SECOND PORTION TO CREATE

FIRST SIDEWALL WITH FIRST CLOSURE ELEMENT

JOIN COMPLEMENTARY FIRST PORTION WITH

129 COMPLEMENTARY SECOND PORTION TO CREATE
SECOND SIDEWALL WITH SECOND CLOSURE ELEMENT
ALIGN FIRST SIDEWALL AND SECOND SIDEWALL SUCH

131 THAT FIRST CLOSURE ELEMENT AND SECOND CLOSURE
ELEMENT FORM DOUBLE-LOCKING CLOSUREMECHANISM
ALIGNEDGES OF FIRST SIDEWALL

133 WITH FIRST EDGES OF GUSSET
SEAL EDGES OF THE FIRST SIDEWALL

135 ANDFIRST EDGES OF GUSSET
ALIGNEDGES OF SECOND SIDEWALL

137 WITH SECONDEDGES OF GUSSET
SEAL EDGES OF SECOND SIDEWALL AND SECONDEDGES

139 OF GUSSET SUCH THAT SPECIFIC VOLUME IS DEFINED
FORMCORNER SEALSAT CORNERS TO REINFORCE

141 DOUBLE-LOCKING CLOSUREMECHANISM
FIG. 14


US 2015/0203250 A1 Jul. 23, 2015
WASHABLE, WATERPROOF, SEALABLE AND lightweight, flexibility, washability, sealability, reusability,

REUSABLE SOFT GUSSETED VOLUMIZED durability, portion/volume control, etc. Consequently, there is
STORAGE BAGS room for innovations and improvements in the field of storage
containers.
CROSS-REFERENCE TO RELATED
APPLICATIONS SUMMARY OF THE DISCLOSURE
0001. This application is a conversion of and claims a 0006 Embodiments disclosed herein are directed to light
benefit of priority from U.S. Provisional Application No. weight, flexible, washable, sealable, reusable, reclosable, and
61/928,579, filed Jan. 17, 2014, entitled “WASHABLE, durable storage containers having gusseted and specific Vol
WATERPROOF, SEALABLE AND REUSABLE SOFT ume to allow for measuring and control of portions, Snacks,
GUSSETED VOLUMIZED STORAGE BAGS, which is miscellaneous items with the benefits of compression and
hereby incorporated by reference as if set forth herein in its storability when not in use. In some embodiments, such a
entirety, including all appendices and attachments thereto. storage container may be referred to herein as a volume
This application relates to U.S. Patent Application No. control pouch or storage bag.
(BLUEA1100-1), filed Jan. 16, 2015, which is a conversion 0007. In some embodiments, such a volume control stor
of and claims a benefit of priority from U.S. Provisional age bag can include or otherwise incorporate freshness and
Application No. 61/928,575, filed Jan. 17, 2014, entitled watertight properties desirable in food and travel storage,
“WASHABLE, WATERPROOF, SEALABLE AND REUS addressing a particular need in the art for a food grade
ABLE STORAGE BAGS." both of which are hereby incor durable, reliable, washable, and Sealable storage bag.
porated by reference herein in their entireties. 0008. In some embodiments, the volume control storage
TECHNICAL FIELD bag can be made of athermoplastic material Such as food safe,
FDA-grade polyethylene vinyl acetate (PEVA) blend of eth
0002 This disclosure relates generally to storage contain ylene vinyl acetate (EVA) and polyethylene (PE). The ratio of
ers. More particularly, embodiments disclosed herein relate EVA/PE may vary from implementation to implementation,
to lightweight, Sealable, Volume control, and reusable storage depending upon the desired properties such as stiffness, flex
containers, useful in a variety of container categories, includ ibility, tear resistance, heat resistance, heat retention, etc. In
ing food, travel, and organization. some embodiments, the ratio of EVA/PE in the material of a
Volume control storage bag may range from, for instance,
BACKGROUND OF THE RELATED ART approximately 9 parts of EVA to one part of PE to approxi
0003. Today’s food storage containers generally fall into mately 7 parts of EVA to 3 parts of PE. Those skilled in the art
two classes: either bulky and reusable, or lightweight but will appreciate that different ratios of EVA/PE may be used.
designed for single-use disposable options. The former is Those skilled in the art will also appreciate that other mate
either a glass item that offers toxin-free storage, but is heavy rials may be used and/or added. In some embodiments, the
to carry, or a plastic container, that may have toxins and still material of the Volume control storage bag may have a mini
may be too bulky for practical uses. The lightweight alterna mum thickness configured for allowing hot and cold water
tives are often disposable style bags with a sealed closure, but washing as well as formultiple reuses. In some embodiments,
are made of a material and/or design specific for single use the Volume control storage bag can be machine washed mul
purposes. While some customers do wash and reuse, these tiple times in high-heat, providing a highly desirable reusabil
lightweight disposable style bags tend to deteriorate and/or ity.
fall apart rather quickly after first use. Furthermore, they are 0009. In some embodiments, the entire volume control
not designed to withstand multiple cleanings in the dish storage bag can be made of the same material, including a
washer or washing machine. unique closure mechanism that significantly improves the
0004 Examples of various storage containers can be sealability over prior storage containers. In some embodi
found in U.S. Pat. No. 8,578,572, entitled “CLOSURE ments, the Volume control storage bag can be made of two or
MECHANISMAND METHOD OF CLOSING”; U.S. Pat. more materials, with the closure mechanism of the Volume
No. 8,568,031, entitled “CLICKING CLOSURE DEVICE control storage bag having a first ratio of EVA/PE and a body
FOR A RECLOSABLE BAG”; U.S. Pat. No. 8,308,021, of the Volume control storage bag having a second ratio of
entitled “DISPOSABLE STORAGE CONTAINER”; U.S. EVA/PE such that the body of the volume control storage bag
is more flexible than the closure mechanism.
Pat. No. 8,469,593, entitled “RECLOSABLE BAG HAVING
A PRESS TO VENT ZIPPER: U.S. Pat. No. 5,542,766, 0010 Numerous other materials and combinations thereof
entitled “WATERPROOF CLOSURE SEAL FOR BAGS, may also be suitable for implementing embodiments of a
CLOTHING AND OTHER USES, U.S. Pat. No. 8,196,269, Volume control storage bag disclosed herein.
entitled "CLOSUREMECHANISMFORA RECLOSABLE 0011. In some embodiments, the closure mechanism of a
POUCH, U.S. Pat. No. 8,474,623, entitled “ECOLOGICAL Volume control storage bag disclosed herein can include a
SNACK BAG”; U.S. Pat. No. 7,857,515, entitled “AIR pair of closure elements located on two sides of the volume
TIGHT CLOSURE MECHANISMFORA RECLOSABLE control storage bag. The first closure element may include a
POUCH: U.S. Pat. No. 8,197,139, entitled “VALVE AND channel and an elongated member extending along a base of
VALVESTRIPFOR A RECLOSABLE CONTAINER: and the first closure element. The second, complementary closure
U.S. Pat. No. 8,308,021, entitled “DISPOSABLESTORAGE element may include an elongated member and a channel
CONTAINER. extending along a base of the second closure element. Each
0005. These and other storage containers currently avail channel may have a cross-sectional profile resembling a pair
able on the market suffer some or all the aforementioned of arms extending from a body. Each elongated member may
drawbacks and/or lack certain desirable properties such as have a cross-sectional profile resembling a stud or post.
US 2015/0203250 A1 Jul. 23, 2015
0012. The cross-sectional profile of the channel is config junction with the following description and the accompany
ured to allow the channel to, when pressed, extend to each ing drawings. It should be understood, however, that the fol
side of the elongated member to thereby lock with the elon lowing description, while indicating various embodiments of
gated member. Both elongated members may have a textured the disclosure and numerous specific details thereof, is given
or shaped Surface to lock and seal in their corresponding by way of illustration and not of limitation. Many substitu
channels and the channels can fully and securely receive their tions, modifications, additions and/or rearrangements may be
corresponding elongated members to lock and thereby create made within the scope of the disclosure without departing
an airtight (and hence waterproof) Seal which, in some from the spirit thereof, and the disclosure includes all such
embodiments, may be referred to as a “double-lock.” Substitutions, modifications, additions and/or rearrange
0013. In some embodiments, a method of making a vol mentS.
ume control storage bag may include a) manipulating a first
material using a first tool to create a first portion having at BRIEF DESCRIPTION OF THE DRAWINGS
least a first closure element, the first closure element having a 0019. The drawings accompanying and forming part of
channel and an elongated member extending along a base of this specification are included to depict certain aspects of the
the first closure element; b) manipulating a second material disclosure. It should be noted that the features illustrated in
using a second tool to create a second portion having a flat or the drawings are not necessarily drawn to scale. A more
Substantially flat surface; c) joining the first portion and the complete understanding of the disclosure and the advantages
second portion to create a first sidewall with the first closure thereof may be acquired by referring to the following descrip
element; d) creating a complementary first portion having a tion, taken in conjunction with the accompanying drawings in
second closure element, the second closure element having an which like reference numbers indicate like features and
elongated member and a channel extending along a base of wherein:
the second closure element; e) joining the complementary 0020 FIG. 1 depicts an isometric view of an example
first portion and a complementary second portion to create a embodiment of a storage bag with a double-locking closure
second sidewall with the second closure element: f) aligning mechanism, double-seal edges, and reinforced corners.
the first sidewall and the second sidewall such that the first 0021 FIG. 2a depicts a diagrammatic representation of a
closure element and the second closure element togetherform partial, enlarged cross-sectional view of the double-locking
a double-locking closure mechanism; g) aligning edges of the closure mechanism of FIG. 1 in a non-occluded State, taken
first sidewall with first edges of a gusset; h) sealing the edges generally along the line 2-2 of FIG. 1.
of the first sidewall and the first edges of the gusset: i) aligning 0022 FIG.2b depicts a diagrammatic representation of a
edges of the second sidewall with second edges of the gusset; partial, enlarged cross-sectional view of the double-locking
and 1) sealing the edges of the second sidewall and the second closure mechanism of FIG. 2a in an occluded State.
edges of the gusset, leaving an opening through the double 0023 FIG. 3 depicts a diagrammatic representation of a
locking closure mechanism and defining an interior space partial, enlarged cross-sectional view of a double-sealed edge
having a specific Volume. of FIG. 1, taken generally along the line 3-3 of FIG. 1.
0014. In some embodiments, the method may further 0024 FIG. 4 is a flow chart illustrating an example of a
comprise forming a first corner seal at a first corner and a method for making a storage bag according to Some embodi
second corner seal at a second corner of the Volume control mentS.
storage bag. These corner seals can reinforce the double 0025 FIGS.5a-5d depict diagrammatic representations of
locking closure mechanism and overall strength and durabil various corner seal profiles and corresponding stamps or
ity of the Volume control storage bag. molds used in manufacturing same according to some
0015. In some embodiments, reusability of the volume embodiments.
control storage bag is significantly improved over prior Stor 0026 FIG. 6 depicts a diagrammatic representation of a
age containers due at least in part to the double-seal construc portion of a tooling for forming a corner seal of a Volume
tion along the edges of the Volume control storage bag. Mul control storage bag according to some embodiments.
tiple welded seams with a double wall spacer allow for 0027 FIG. 7 depicts a diagrammatic representation of a
additional strength on the edges of the Volume control storage pair of L-shaped corner profiles according to some embodi
bag. The gusseted design along with calculated design allows mentS.
for specific measurements and Volume for the storage of food, 0028 FIGS. 8a-8d depict diagrammatic representations of
Snacks and other products/materials. different corner configurations according to some embodi
0016. With healthier living trends from portion control, to mentS.
toxin/Bisphenol A (BPA) free and waste-free lunch, consum 0029 FIG. 9 depicts a diagrammatic representation of a
ers need a lightweight, durable alternative that allows for partial, enlarged cross-sectional view of a corner portion of
daily reuses and washes. Embodiments of a Volume control one example embodiment of a Volume control storage bag,
storage bag disclosed herein can address this need and more. taken generally along the line 4-4 of FIG. 8d.
For example, it allows customers to carry lots of Small Snack 0030 FIG. 10 depicts a diagrammatic representation of a
bags in their lunch box, purse or brief case, keeping them tooling for making double seals along the edges of a Volume
airtight and fresh, while not requiring a lot of space. control storage bag according to one embodiment.
0017 Moreover, it allows customers to adhere to bans and 0031 FIG. 11 depicts a diagrammatic representation of a
trends for waste-free or boomerang lunch, as it can easily be tooling for reinforcing a corner of a double-locking closure
washed and reused multiple times. Finally, its reusability is mechanism of a Volume control storage bag with a particu
not only convenient, but also saves money, replacing dozens larly configured corner seal according to one embodiment.
of single use bags and containers alike. 0032 FIG. 12 depicts a diagrammatic representation of a
0018. These, and other, aspects of the disclosure will be tooling for manufacturing a volume control storage bag
better appreciated and understood when considered in con according to one embodiment.
US 2015/0203250 A1 Jul. 23, 2015
0033 FIG. 13 depicts a diagrammatic representation of a a series of clicks, as a user draws the fingers along closure
tooling for manufacturing a double-locking closure mecha mechanism 9 to seal opening 19 of storage bag 15 along the
nism of a Volume control storage bag according to one length of closure mechanism 9.
embodiment. 0041 First closure element 14a may further include a third
0034 FIG. 14 is a flow chart illustrating an example of a locking profile with stud 3 extending from body 1c and sec
method for making a Volume control storage bag according to ond closure element 14b may further include a fourth locking
Some embodiments. profile with arms 4a-4b extending from body 4c. Stud3 may
0035 FIG. 15 depicts an isometric view of an example of have a textured Surface Such as grooves and may be config
a Volume control storage bag with a double-locking closure ured and sized to be securely received by arms 4a-1b.
mechanism according to some embodiments. 0042. As shown in FIG. 2b, when coupled, first closure
0036 FIG. 16 depicts a diagrammatic representation of a element 14a and second closure element 14b form a double
partial, enlarged cross-sectional view of a bottom portion of lock for closure mechanism 9, with elongated member 14b-1
the volume control storage bag of FIG. 15, taken generally of second closure element 14b securely received by channel
along the line 16-16 of FIG. 15. 14a-1 of first closure element 14a and elongated member
DETAILED DESCRIPTION 14a-2 of first closure element securely received by channel
14b-2 of second closure element 14b in a complementary
0037. The disclosure and various features and advanta manner. Those skilled in the art will appreciate that the con
geous details thereofare explained more fully with reference figuration and geometry of first and second closure elements
to the exemplary, and therefore non-limiting, embodiments 14a. 14b and their respective locking profiles may vary from
illustrated in the accompanying drawings and detailed in the implementation to implementation. Therefore, the example
following description. It should be understood, however, that embodiment of first closure element 14a and second closure
the detailed description and the specific examples, while indi element 14b shown in FIG.2a and FIG.2b is illustrative and
cating the preferred embodiments, are given by way of illus non-limiting.
tration only and not by way of limitation. Various substitu 0043. Furthermore, in this example embodiment, first clo
tions, modifications, additions and/or rearrangements within sure element 14a and first sidewall 17 may be joined or
the spirit and/or scope of the underlying inventive concept otherwise affixed to each other using a thermoplastic weld, a
will become apparent to those skilled in the art from this strip of molten thermoplastic weld material, an adhesive, or
disclosure. any material and/or joining methods known to those skilled in
0038 Referring to FIG. 1, storage bag 15 of material 8 the art to form seam 10. Second closure element 14b and
according to one non-limiting example embodiment may second sidewall 18 may be joined or otherwise affixed to each
include first and second sidewalls 17 and 18, opening 19, ends other in the same or similar manner. In one embodiment, seam
13b, 13c joined around edges or sides 16a-16c, and gusset 10 may have a minimum measurement such as 3 mm or
13a defined by seals 12a and 12b. Closure mechanism 9 may approximately 3 mm.
have first closure element 14a and second closure element
14b on sides 6 and 7. First closure element 14a and second 0044 As shown in FIG.2a and FIG.2b, first sealing and
closure element 14b may extend from first corner 11a to locking section 21, 22 is disposed on elongated member
second corner 11b and may join first and second sidewalls 17, 14b-1 of second closure element 14b and second sealing and
18 via seam 10 on either side proximate opening 19. In some locking section 23, 24 is disposed on elongated member
embodiments, first closure element 14a may include channel 14a-2 on first closure element 14a. Elongated member 14b-1
14a-1 and elongated member 14a-2. In some embodiments, of second closure element 14b and elongated member 14a-2
of first closure element 14a are shown to have the widest
second closure element 14b may include elongated member pressure point Y and the narrowest locking point Y. First
14b-1 and channel 14b-2.
0.039 Closure mechanism.9, first and second sidewalls 17, pressure contact points. 5a and 5b of channel 14a-1 and sec
18, and double-seal 12 define storage means interior space 20. ond pressure contact points 6a and 6b of channel 14b-2 may
As explained below, when closure mechanism 9 is fully define a distance of X which is to never be greater than Y in
sealed across opening 19, storage bag 15 can provide an order to have a proper securement of first and second closure
airtight seal Such that content in interior space 20 may be elements 14a. 14b to create a waterproof seal. As a non
maintained for a desired period of time. Such as days, months, limiting example, X may be 0.7 mm and Y may be 0.8 mm.
or years. In some embodiments, when fully sealed, storage 0045. As shown in FIG. 1, in some embodiments, first and
bag 15 can withstand at least 10 pounds of pressure or higher, second sidewalls 17, 18 may be joined and double-sealed
for instance, up to 35 pounds of pressure. In one embodiment, around three edges or sides 16a-16c. This may be done using
storage bag 15 can be approximately 8.5"x4.75" in size. plastic welding. Plastic welding refers to a process of uniting
0040 FIG. 2a and FIG. 2b respectively depict closure polymeric materials, generally with the aid of heat or any
mechanism 9 in a non-occluded State and an occluded State. suitable conductive element. Welding of thermoplastics can
Referring to FIG. 2a, channel 14a-1 of first closure element be accomplished by first preparing the Surfaces of the mate
14a may have a first locking profile with arms 1a-1b extend rials, applying heat and/or pressure to the materials, and
ing from body 1c, while elongated member 14b-1 of second allowing the materials to cool. Other welding methods may
closure element 14b may have a second locking profile with also be used.
stud 2 extending from body 4c of second closure element 14a. 0046 Referring to FIG. 3, in some embodiments, double
Stud 2 may have a textured surface Such as bumps, grooves, or welded seams or seals 12a, 12b may have a minimum width
crosswise grooves and may be configured and sized to be of Z. In some embodiment, reinforcement section or gusset
securely received by arms 1a-1b. The textured surface, size, 13a between double seals 12a and 12b may have a width of W
and/or shape of stud 2 and arms 1a-1b may be configured to where W is approximately no less than three times Z. As a
provide a tactile sensation and/or audible sensations, such as non-limiting example, Z may be 0.3 mm and W may be 0.9
US 2015/0203250 A1 Jul. 23, 2015
mm or more. In one embodiment, gusset 13a may have a half-moon shaped cavity 65 is cutoff to show a cross-sectional
width of 2 mm or approximately 2 mm. view of mold 60. Mold 60 may be referred to as a top plate. In
0047 FIG. 4 is a flow chart illustrating an example of a some embodiments, mold 60 may be part of a tool such as
method for making a storage bag according to Some embodi corner seal reinforcement mold portion 112 of tool 110 shown
ments. In some embodiments, method 40 may include creat in FIG. 11. When positioned on top of a base plate having a
ing a portion having a first closure element (41), creating a flat surface such as table 62, mold 60 can create space 63
second portion (42), and joining the first portion and the having a corner seal profile Such as half-moon corner seal
second portion to create a first sidewall with the first closure profile 51 shown in FIG.5a. In an RF tooling process, the top
element (43). The first closure element may have a channel plate is kept at one charge and the base plate is kept at a
and an elongated member similar to channel 14a-1 and elon different charge. The RF tooling process passes the charge
gated member 14a-2 described above with reference to FIGS. through the material. Referring to FIG. 1, to form half-moon
2a and 2b. corner seal 11c, arc-shaped stamp 60 may be pressed down
0048. These steps may be repeated to create a second onto corner 11a where both sidewalls 17, 18 meet an end of
sidewall with a second closure element. The closure element double-locking closure mechanism 9. The pressure pushes
may have a channel and an elongated member similar to the heated material to fill space 63, forming a bubble. In some
elongated member 14b-1 and channel 14b-2 described above embodiments, additional material may be injected or other
with reference to FIGS. 2a and 2b. Since the second closure wise provided to fill space 63, ensuring a good seal. This
element may be complementary to the first closure element, stamping process of the corners (e.g., corners 11a, 11b shown
the same tool and/or mold may be used to create both the first in FIG. 1) creates a strong, permanent bonding between the
portion having the first closure element and a complementary ends of the first and second closure elements, the seam
first portion having the second closure element that is comple between the double-locking closure mechanism and the side
mentary to the first closure element (44). Likewise, the same walls, and the ends of the double-seal. Some examples of
tool and/or mold may be used to make the second portion and which are illustrated in FIGS. 8a-8d.
a complementary second portion. The complementary first 0053 As a result of the stamping process, these corners
portion may be joined with the complementary second por may have a particular corner profile such as L-shaped corner
tion in the same or similar manner to create the second side profile 75a, 75b shown in FIG. 7. Depending upon implemen
wall with the second closure element (45). tation details, other corner profiles may also be possible, as
0049. The first sidewall and the second sidewall may be exemplified in FIGS. 8a-8d.
aligned (46) such that the first closure element and the second 0054 FIGS. 8a-8d illustrate various corner profiles that
closure element together can form a double-locking closure may beformed at a corner of a storage bag (e.g., corner 11a of
mechanism similar to closure mechanism 9 described above. storage bag 15 shown in FIG. 1 or corner 181 of volume
Once properly aligned, a double-seal Such as double-seal 12 control storage bag 150 shown in FIG. 15) according to some
described above can be formed (e.g., using a sealing tool) embodiments.
along three sides of the first and second sidewalls, leaving an 0055. In FIG. 8a, a partial view of one embodiment of
opening through the double-locking closure mechanism (47). storage bag 15 is shown. In this example, double-locking
0050. If desired, corner seals can be formed at the corners closure mechanism 9 has first lock 85a (e.g., when channel
to reinforce the double-locking closure mechanism (49). Spe 14a-1 of first closure element 14a is interlocked with elon
cifically, a first corner seal may be created at a first corner of gated member 14b-1 of second closure element 14b, as shown
the first sidewall and the second sidewall, the first corner seal in FIG.2b) and second lock 85b (e.g., when elongated mem
reinforcing a first end of the double-locking closure mecha ber 14a-2 of first closure element 14a is interlocked with
nism and a second corner seal may be created at a second channel 14b-2 of second closure element 14b, as shown in
corner of the first sidewalland the second sidewall, the second FIG.2b). Corner 80a is formed (e.g., via a stamping process
corner seal reinforcing a second end of the double-locking described above) to securely seal and permanently bond the
closure mechanism. ends of first lock 85a and second lock 85b of double-locking
0051 Referring to FIG. 1, in some embodiments, corner closure mechanism.9, seam 10, and the ends of seals 12a, 13b,
seals 11c. 11d may have a particular profile created with a further reinforcing gusset 13a. In this example, corner 80a
corresponding tooling for a specific application. FIGS. 5a-5d has a box-shaped (rectangle or square) corner profile.
depict diagrammatic representations of various corner seal 0056. In FIG. 8b, a partial view of one embodiment of
profiles and corresponding molds used in manufacturing storage bag 15 is shown. In this example, corner 80b has an
same according to Some embodiments. More specifically, L-shaped corner profile, with ends 86a, 86b of first lock 85a
FIG. 5a depicts an example of half-moon corner seal profile and second lock 85b extending into corner 80b beyond seal
51 and corresponding half-moon shaped mold or stamp 52. 12b. In some cases, the L-shaped corner profile of corner 80b
FIG.5b depicts another example of half-elliptical corner seal may be caused by a slight shifting of storage bag 15 during
profile 53 and corresponding mold or stamp 54. FIG. 5c manufacturing, for instance, as the corner stamping tool is
depicts yet another example of triangular corner seal profile used repeatedly and/or when storage bag 15 may not be
55 and corresponding mold or stamp 56. FIG. 4d depicts an positioned inside an edge tool correctly. Due to continuous
example of square corner seal profile 57 and corresponding use of the tools, heat may be generated, causing expansion of
mold or stamp 58. Numerous other corner seal profiles are the tools which, in turn, affects the precision profile of corner
also possible. Preferably, corner seals 11c. 11d are formed to 80b. However, as illustrated in FIG. 8b, the L-shaped corner
have half-moon corner seal profile 51. An example portion of profile of corner 80b is within the manufacturing tolerance,
half-moon shaped mold or stamp 52 is shown in FIG. 6. allowing corner 80b to securely seal and permanently bond
0052 Referring to FIG. 6, a corner seal may be created ends 86a, 86b of first lock 85a and second lock 85b of double
using stamp or mold 60 having half-moon shaped cavity 65 locking closure mechanism 9, Seam 10, and the ends of seals
arising out of flat surface 61. In this example, the back side of 12a, 13b, further reinforcing gusset 13a.
US 2015/0203250 A1 Jul. 23, 2015
0057. In some embodiments, the ends of first lock 85a and and 136b. As an example, place 131 may be used to form first
second lock 85b of double-locking closure mechanism 9 may and second closure elements 14a, 14b described above. For
be further reinforced via a corner seal. This is further illus example, an extrusion machine pushes or pumps a molten
trated in FIGS. 8C and 8d. material from one side of extrusion opening 132 to form first
0058. In FIG. 8c, corner seal 87 may be formed simulta and second closure elements 14a, 14b on the other side of
neously with corner 80c or in a separate process after corner extrusion opening 132. The extrusion process is known to
80c is stamped down. As described above and illustrated in those skilled in the art and thus is not further described herein.
FIGS. 5a-5d, such a corner seal may have various shapes and Other processes such as injection molding may also be used to
sizes. In this example, corner seal 87 is formed with a trian form closure elements 14a, 14b.
gular stamp or mold. One of the advantages of this corner seal 0065 FIG. 14 is a flow chart illustrating an example of a
reinforcement feature is that it can avoid micro-fissures at the method for making a Volume control storage bag according to
link or seal point between sides 6 and 7 of storage bag 15. Some embodiments. In some embodiments, method 140 may
Such micro-fissures can cause leaking. Such leaking can be include creating a portion having a first closure element
presented by forming corner seal 87 around the ends of first (121), creating a second portion (123), and joining the first
lock 85a and second lock 85b, as illustrated in FIG. 8c. portion and the second portion to create a first sidewall with
0059 FIG. 8d illustrates another example of corner seal the first closure element (125). The first closure element may
89. Corner seal 89 may have a half-moon profile with a depth have a channel and an elongated member similar to channel
“T” based on a width “S” defined by first lock 85a and second 14a-1 and elongated member 14a-2 described above with
lock 85b. For example, “T” may be definedas">60% of S.” In reference to FIGS. 2a and 2b.
some embodiments, “S” may be 7 mm or approximately 7 0066. These steps may be repeated to create a second
sidewall with a second closure element. The closure element
0060 A partial, enlarged cross-sectional view of corner may have a channel and an elongated member similar to
seal 89, taken generally along the line 4-4 of FIG. 8d. is shown elongated member 14b-1 and channel 14b-2 described above
in FIG. 9. In this example, corner seal 89 may have a cross with reference to FIGS. 2a and 2b. Since the second closure
sectional height of “H” defined by a tool such as arc-shaped element may be complementary to the first closure element,
stamp 60 shown in FIG. 6. In one embodiment, “H” may be the same tool and/or mold may be used to create both the first
defined by space 63 of arc-shaped stamp 60. FIG. 9 shows portion having the first closure element and a complementary
another embodiment of studs 2 and 3 having a shape and/or first portion having the second closure element that is comple
texture that is different from the example shown in FIGS. 2a mentary to the first closure element (127). Likewise, the same
and 2b. tool and/or mold may be used to make the second portion and
0061 FIG. 10 depicts a diagrammatic representation of a a complementary second portion. The complementary first
tooling for making double seals along the edges of a storage portion may be joined with the complementary second por
bag according to one embodiment. In this example, tool 100 tion in the same or similar manner to create the second side
can be made of metal and include double-edge seam mold wall with the second closure element (129).
portion 102 having first and second edge seal molds 105a, 0067. The first sidewall and the second sidewall may be
105b. Tool 100 may further include corner stamp area 104. In aligned (131) such that the first closure element and the sec
one embodiment, tool 100 may be used to create seals 12a, ond closure element together can form a double-locking clo
12b, gusset 13a, and corner 80a shown in FIG.8a. To create Sure mechanism similar to double-locking closure mecha
a corner seal, a separate machine or device Such as tool 110 nism 9 described above. In some embodiments, edges of the
shown in FIG. 11 may be used. first sidewall may be aligned with the first edges of a gusset
0062 FIG. 11 depicts a diagrammatic representation of a (133). An example of a gusset which reinforces the bottom
tooling for reinforcing a corner of a double-locking closure portion of a volume control storage bag is shown in FIG. 15.
mechanism of a storage bag with a particularly configured Once properly aligned, the edges of the first sidewall and the
corner seal according to one embodiment. In this example, first edges of the gusset may be sealed (e.g., using a sealing
tool 110 includes corner seal reinforcement mold portion 112 tool) (135). In one embodiment, a seal such as double-seal 12
having a half-moon, bowl, or dome-like profile. described above can beformed. Likewise, edges of the second
0063. In some embodiments, a single machine or device sidewall may be aligned with the second edges of the gusset
may be used to simultaneously create the seals (e.g., seals (137) and sealed (139), leaving an opening through the
12a, 12b), the gusset (e.g., gusset 13a), the corners (e.g., double-locking closure mechanism and defining an interior
corners 11a, 11b), and the corner seals (e.g., corner seals 11c, space having a particular Volume (e.g., one cup, 2-cup, pint,
11d). FIG. 12 depicts a diagrammatic representation of Such half-gallon, gallon, etc.).
a device according to one embodiment. In this example, tool 0068. If desired, corner seals can be formed at the corners
120 includes double-edge seam mold portion 102 having first as described above to reinforce the double-locking closure
and second edge seal molds 105a, 105b similar to those of mechanism (141). Specifically, a first corner seal may be
tool 100 described above for forming the seals and the gusset created at a first corner of the first sidewall and the second
as described above. Tool 120 further includes corner stamp sidewall, the first corner seal reinforcing a first end of the
area 124 having corner seal reinforcement feature mold por double-locking closure mechanism and a second corner seal
tion 122 for forming corners with corner seals as described may be created at a second corner of the first sidewall and the
above. second sidewall, the second corner seal reinforcing a second
0064 FIG. 13 depicts a diagrammatic representation of a end of the double-locking closure mechanism.
tooling for manufacturing a double-locking closure mecha 0069. In some embodiments, the volume control storage
nism of a storage bag according to one embodiment. In this bag may be made of a thermoplastic material. Examples of
example, tool 130 may include metal plate 131. Plate 131 has Suitable thermoplastic materials may include polypropylene
extrusion opening 132 with shaped forms or molds 134, 13a, (PP), ethylene vinyl acetate (EVA), polyethylene (PE), met
US 2015/0203250 A1 Jul. 23, 2015
allocene-polyethylene (mPE), low density polyethylene another blend, a ratio can be 40:20:40 with PEEK added for
(LDPE), linear low density polyethylene (LLDPE), ultra-low high heat resistance, EVA added for flexibility and durability,
density polyethylene (ULDPE), biaxially-oriented polyeth and PE added for flexibility.
ylene terephthalate (BPET), high density polyethylene 0074. In dishwasher safe embodiments, 100% silicon
(HDPE), polyethylene terephthalate (PET), recycled polyeth material or a different suitable blend or a different suitable
ylene terephthalate (RPET), polyethylene vinyl acetate material may be used. Injection molding processes may be
(PEVA) among other polyolefin plastomers and combina used in manipulating a silicon material.
tions and blends thereof. Other additives such as colorants, 0075. In some embodiments, a volume control storage bag
slip agents, and antioxidants, including for example talc, disclosed herein can be formed from high-density polyethyl
oleamide or hydroxyl hydrocinnamate may also be added as ene (HDPE) or polyethylene high-density (PEHD) which is a
desired. polyethylene thermoplastic. HDPE may be made into film
0070 Embodiments of a volume control storage bag dis (sheets) and bonded to silicon or other plastics or to acrylic
closed herein preferably are made of a food grade material etc
which is Food and Drug Administration (FDA) approved, 0076. In some embodiments, aesthetics (the look and feel)
Bisphenol A (BPA) free, flexible, freezer safe (e.g., cold of a Volume control storage bag disclosed herein may be
resistant up to the operating temperature of a typical freezer varied by using and/or blending certain materials. For
such as 20 degrees Fahrenheit), heat resistant and dishwasher example, referring to FIG. 15, a thermoplastic material may
safe (e.g., heat resistant up to the operating temperature of a be formed such that first sidewall 170, second sidewall 180,
typical dishwasher such as 200 degrees Fahrenheit), lead and gusset 173 of storage bag 150 are partially transparent or
free, PVC-free, and/or hand wash safe. appear translucent. Alternatively, first and second sidewalls
0071. In some embodiments, the first portion, the second 170, 180 and gusset 173 may be made opaque by adding a
portion, their complementary first and second portions, and coloring agent to the blend or by changing ratios of materials
the gusset may be made of the same or different thermoplastic in the blend. Likewise, double-locking closure mechanism
material(s). As an example, first sidewall 170, second side 190 may be made transparent, opaque, translucent, and/or
colored.
wall 180, and gusset 173 of volume control storage bag 150 0077. As an example, a thermoplastic resin may be
shown in FIG. 15 may be made of a first type of thermoplastic directed through an extrusion tool having a mold for forming
material while double-locking closure mechanism 190 may
be made of a second type of thermoplastic material. In some the first closure element. The extruded part may be cut to size
embodiments, the first type of thermoplastic material may to create the first portion. The complementary first portion
have a thickness of about 0.25 mm to 0.35 mm, preferably may be extruded in the same or similar manner. In some
about 0.30 mm. The second type of thermoplastic material embodiments, the first portion (with the first closure element)
may have the same or different thickness. and the complementary first portion (with the second closure
element) may be extruded primarily of molten EVA with
0072. In some embodiments, the first type of thermoplas various amounts of slip component, colorant, and talc addi
tic material may be EVA or a PEVA blend of EVA and PE. The tives in a separate process.
PEVA blend may comprise 1% to 10% of PE and 99% to 90% 0078. In some embodiments, the first portion and the
of EVA. The ratio of EVA to PE in a PEVA blend determines complementary first portion may be the same or Substantially
its stiffness/flexibility. The stiffness of the material may affect the same. In some embodiments, the first portion may have a
how easily the double-locking closure mechanism may be height different than a height of the complementary first
closed/opened. Thus, the ratio of EVA to PE in a PEVA blend portion. For example, the first closure element on the first
may vary from application to application, depending upon portion may be taller or shorter than the second closure ele
what degree of flexibility/stiffness is desired. The heat resis ment on the complementary first portion.
tance property of a PEVA blend may be manipulated in a 007.9 The same or a different thermoplastic material may
similar manner. For example, a PEVA blend with 99% EVA be directed through a different extrusion tool (e.g., casting
and 1% PE may have high tear resistance and heat resistance, film machine) having a mold for forming a sheet or sheets
while a PEVA blend with 70% EVA and 30% PE may be (multi-ply) and then cut to size and/or shape to form the
softer, but with less tear resistance and less heat resistance. In second portion. In some embodiments, gusset 173 may be
some embodiments, a PEVA blend of 90% EVA and 10% PE formed in the same or similar manner. The second portion
may provide a non-chlorine PVC alternative to food grade may have a first flat surface that eventually becomes part of
storage bags as PVC is not a food grade material. PEVA bonds the outside of the storage bag thus made and a second flat
to another material that is made out of either PE or EVA. Thus, Surface that eventually forms part of the interior space (e.g.,
Some embodiments of a Volume control storage bag disclosed interior space 200 shown in FIG. 15). In some embodiments,
herein can be formed from any combination of PEVA, EVA, the first and second surfaces of the second portion may be the
and PE materials.
same or Substantially the same. In some embodiments, the
0073. In some embodiments, an organic thermoplastic first and second surfaces of the second portion may be differ
polymer such as polyether ether ketone (PEEK) may be used. ent. For example, the first and second Surfaces of the second
PEEK melts around 343°C. (662°F) and it is FDA approved portion may be textured, colored, or otherwise treated differ
food grade material. Since it is relatively stiff, a blend of ently. In some embodiments, the complementary second por
PEEK including another material or materials may be used. tion may be the same or Substantially the same as the second
For PEEK, the thinnest laminate thickness the industry cur portion. Referring to FIG. 15, in some embodiments, one or
rently has is 1 millimeter thick. The thinnest silicon laminate both sidewalls 170, 180 may be embossed or otherwise tex
available is even thicker than the thinnest PEEKlaminate. In tured with a pattern, Such as a diamond pattern. In some
Some embodiments, a blend or composition including a 50% embodiments, an exterior surface of first sidewall 170 and/or
PEEK, a 48% EVA, and a 2% PE material may be used. In second sidewall 180 may be configured such that a marker
US 2015/0203250 A1 Jul. 23, 2015
may be applied and wiped clean (e.g., using a household bag with a 6-cup capacity may be formed to have a 7 mm
cleaning chemical or hot water and Soap). width of the single edge seal. Alternatively, a double-seal
0080. In further embodiments, the exterior surface of the seam such as double-seal 12 described above may be formed
first sidewall 170 and/or the exterior surface of the second to provide sufficient strength to the joint based on the volume.
sidewall 180 may be configured to be printed on such as a I0087. In some embodiments, a volume control storage bag
screen print. may be configured to have a built-in specific Volume of a
0081. The first portion and the second portion can be preset measurement Such as one cup. To this end, a marker
aligned and joined to form first sidewall 170 with first closure proximate seam 160 may be used to indicate the preset mea
element 164a as described above, creating seam 160a at first Surement. Alternatively, seam 160 may be used as a marker to
side 176. Likewise, the complementary first portion and the indicate the preset measurement. Embodiments of a Volume
complementary second portion can be aligned and joined to control storage bag disclosed herein may be dimensioned
form second sidewall 180 with second closure element 164b, and/or shaped for various preset measurements such as two
creating seam 160b at second side 177. In some embodi cup, four-cup, and/or six-cup. Multiple markers or ticks may
ments, radio frequency (RF) welding may be used. RF weld be used to indicate different volume sizes. For example, one
ing applies electricity as a heat element to melta positive and embodiment of a Volume control storage bag may be config
a negative charge. RF welding is considered the least expen ured using F, F, and F distances to allow for a volume from
sive type of welding and the fastest one to manufacture the a half cup to all the way to six cups. In some cases, putting a
storage bag described above. Other tools such as a sealing tool liquidina Volume control storage bag may distort the shape of
may be used. the volume control storage bag due to its flexible material. To
0082. As described above, first sidewall 170 and second this end, the dimensions of the Volume control storage bag
sidewall 180 may be aligned to ensure that first closure ele may be particularly set to accommodate content in liquid
ment 164a and second closure element 164b together can form as well as content in solid form.
form double-locking closure mechanism 190 which can be I0088. The shape of the bottom portion (or base) of a vol
the same or similar to double-locking closure mechanism 9 ume control storage bag may be configured based on the
described above. In some embodiments, edges 162a-1, 162a desired Volume and/or the size of the opening. For example,
2, and 162a-3 of first sidewall 170 may be aligned and sealed the base of a Volume control storage bag may be configured to
with first edges 166a-1, 166a-2, and 166a-3 of gusset 173. have a square shape Such that a smaller footprint can be
Likewise, edges 162b-1, 162b-2, and 162b-3 of second side obtained as compared to a base having a rectangular shape, or
wall 180 may be aligned and sealed with second edges 166b Vice versa.
1, 166b-2, and 166b-3 of gusset 173, leaving opening 192 I0089 Although the invention has been described with
through double-locking closure mechanism 190 and defining respect to specific embodiments thereof, these embodiments
interior space 200 having a particular volume. are merely illustrative, and not restrictive of the invention.
0083) To reinforce, a corner seal may be created (e.g., The description herein of illustrated embodiments of the
using RF welding via a heat-molded Stamp) at each corner of invention, including the description in the Summary, is not
double-locking closure mechanism 190 as described above. intended to be exhaustive or to limit the invention to the
Each corner seal can be sized to accommodate the height, precise forms disclosed herein (and in particular, the inclu
width, and depth of the ends of double-locking closure sion of any particular embodiment, feature or function within
mechanism 190. As an example, a corner seal may be 3 the Summary is not intended to limit the scope of the inven
millimeters in height, 4 to 4/2 millimeters in depth, and 9 tion to such embodiment, feature or function). Rather, the
millimeters in width to accommodate the width of double description is intended to describe illustrative embodiments,
locking closure mechanism 190 such that the ends of double features and functions in order to provide a person of ordinary
locking closure mechanism 190 are securely sealed. The skill in the art context to understand the invention without
thickness of the corner seals may be the same as the thickness limiting the invention to any particularly described embodi
of double-locking closure mechanism 190 when it is closed. ment, feature or function, including any such embodiment
0084. When fully sealed across opening 192, double-lock feature or function described in the Summary. While specific
ing closure mechanism 190 can provide an airtight seal Such embodiments of, and examples for, the invention are
that content in interior space 200 may be maintained for a described herein for illustrative purposes only, various
desired period of time, such as days, months, or years. equivalent modifications are possible within the spirit and
0085. As those skilled in the art can appreciate, multiple scope of the invention, as those skilled in the relevant art will
dimensions can be calculated and set using F, F, and F recognize and appreciate. For example, color can be used on
distances to define desired specific Volumes such as one cup, tabs at top of the double-locking closure mechanism to help
2-cup, pint, half-gallon, gallon, etc. A close up view of the create visual distinction from the rest of the storage bag,
bottom portion of volume control storage bag 150 is shown in making it easier to identify the opening and unlock. Color can
FIG. 16, taken generally along the line 16-16 of FIG. 15. In also be applied to the main storage element of the bag, in
Some embodiments, all welded or sealed seams along the whole or part, to make it easier to see the contents and/or to
edges of Volume control storage bag 150 may have a mini distinguish from single use, disposable style bags. In addi
mum width defined by Z, as shown in FIG.16. In one embodi tion, color can be used as an organizing element for packing
ment, Z may be 3 mm or approximately 3 mm. food, identifying person, or keeping distinct for certain foods
I0086. In the example of FIG. 16, the edges are welded or to address food allergies.
sealed via a single edge seal. In some embodiments, a width 0090. As indicated, these modifications may be made to
Z of the single edge seal may be set based on a Volume the invention in light of the foregoing description of illus
capacity desired for volume control storage bag 150. In some trated embodiments of the invention and are to be included
embodiments, RF welding may be configured to obtain a within the spirit and scope of the invention. Thus, while the
wider sealing edge. For example, a Volume control storage invention has been described herein with reference to particu
US 2015/0203250 A1 Jul. 23, 2015
lar embodiments thereof, a latitude of modification, various What is claimed is:

changes and Substitutions are intended in the foregoing dis 1. A method of making a storage bag, comprising:
closures, and it will be appreciated that in some instances a) manipulating a first material using a first tool to create a
some features of embodiments of the invention will be first portion having at least a first closure element, the
employed without a corresponding use of other features with first closure element having a channel and an elongated
out departing from the scope and spirit of the invention as set member extending along a base of the first closure ele
forth. Therefore, many modifications may be made to adapt a ment;
particular situation or material to the essential scope and spirit b) manipulating a second material using a second tool to
of the invention. create a second portion having a flat or Substantially flat
Surface;
0091 Reference throughout this specification to “one c) joining the first portion and the second portion to create
embodiment”, “an embodiment’, or “a specific embodiment' a first sidewall with the first closure element;
or similar terminology means that a particular feature, struc d) creating a complementary first portion having a second
ture, or characteristic described in connection with the closure element, the second closure element having an
embodiment is included in at least one embodiment and may elongated member and a channel extending along a base
not necessarily be present in all embodiments. Thus, respec of the second closure element;
tive appearances of the phrases “in one embodiment”, “in an e) joining the complementary first portion and a comple
embodiment’, or “in a specific embodiment” or similar ter mentary second portion to create a second sidewall with
minology in various places throughout this specification are the second closure element;
not necessarily referring to the same embodiment. Further
more, the particular features, structures, or characteristics of f) aligning the first sidewall and the second sidewall Such
that the first closure element and the second closure
any particular embodiment may be combined in any Suitable element together form a double-locking closure mecha
manner with one or more other embodiments. It is to be
understood that other variations and modifications of the nism;
embodiments described and illustrated herein are possible in g) aligning edges of the first sidewall with first edges of a
light of the teachings herein and are to be considered as part guSSet,
of the spirit and scope of the invention. h) sealing the edges of the first sidewall and the first edges
of the gusset;
0092. In the description herein, numerous specific details i) aligning edges of the second sidewall with second edges
are provided, such as examples of components and/or meth of the gusset; and
ods, to provide a thorough understanding of embodiments of 1) Sealing the edges of the second sidewall and the second
the invention. One skilled in the relevant art will recognize, edges of the gusset, leaving an opening through the
however, that an embodiment may be able to be practiced double-locking closure mechanism and defining an inte
without one or more of the specific details, or with other rior space having a specific Volume.
assemblies, methods, components, materials, parts, and/or
the like. In other instances, well-known structures, methods, 2. The method according to claim 1, further comprising:
components, materials, or operations are not specifically h) forming a first corner seal at a first corner of the first
shown or described in detail to avoid obscuring aspects of sidewall and the second sidewall, the first corner seal
embodiments of the invention. While the invention may be reinforcing a first end of the double-locking closure
illustrated by using a particular embodiment, this is not and mechanism; and
does not limit the invention to any particular embodiment and i) forming a second corner seal at a second corner of the
a person of ordinary skill in the art will recognize that addi first sidewall and the second sidewall, the second corner
tional embodiments are readily understandable and are a part seal reinforcing a second end of the double-locking clo
of this invention. Sure mechanism.
0093. As used herein, the terms “comprises.” “compris 3. The method according to claim 2, wherein stepsh) and i)
ing,” “includes.” “including.” “has “having,” or any other are performed simultaneously or separately.
variation thereof, are intended to cover a non-exclusive inclu 4. The method according to claim 2, whereinforming the
Sion. For example, a process, product, article, or apparatus first corner seal comprises using a mold and injecting or
that comprises a list of elements is not necessarily limited directing the first material into the mold.
only those elements but may include other elements not 5. The method according to claim 1, wherein the first tool
expressly listed or inherent to such process, process, article, comprises an extrusion plate with an opening for forming the
or apparatus. channel and the elongated member.
0094 Furthermore, the term 'or' as used herein is gener 6. The method according to claim 1, wherein steps c) forms
ally intended to mean “and/or unless otherwise indicated. As a seam along the edges of the first sidewall and the first edges
used herein, including the claims that follow, a term preceded of the gusset and wherein the seam has a minimum width of
by “a” or “an” (and “the' when antecedent basis is “a” or 3 mm or approximately 3 mm.
'an) includes both singular and plural of Such term, unless 7. The method according to claim 1, wherein the first
clearly indicated within the claim otherwise (i.e., that the material is a blend of ethylene vinyl acetate (EVA) and poly
reference “a” or “an clearly indicates only the singular or ethylene (PE).
only the plural). Also, as used in the description herein and 8. The method according to claim 7, wherein the blend
throughout the claims that follow, the meaning of “in” comprises approximately 90% or more EVA and approxi
includes “in” and “on” unless the context clearly dictates mately 10% or less PE.
otherwise. The scope of the disclosure should be determined 9. The method according to claim 8, wherein the first
by the following claims and their legal equivalents. material and the second material are same or different.
US 2015/0203250 A1 Jul. 23, 2015

9
10. A storage bag made by the method according to claim 12. The storage bag of claim 11, wherein the first sidewall
1. has a thickness of about 0.25 mm to 0.35 mm.
11. A storage bag, comprising: 13. The storage bag of claim 11, wherein the first corner
a first sidewall; seal is sized to accommodate ends of the first closure element
a second sidewall; and the second closure element.
a double-locking closure mechanism comprising a first 14. The storage bag of claim 11, wherein the first corner has
closure element extending along the first sidewall and a an L-shaped corner profile.
second closure element extending along the second side- 15. The storage bag of claim 14, wherein the first corner
wall, the first closure element having a channel and an seal has a half-moon shaped profile.
elongated member extending along a base of the first 16. The storage bag of claim 11, wherein the gusset is
closure element, the second closure element having an sealed along the three sides of the first sidewall and the second
elongated member and a channel extending along a base sidewall via a seam having a minimum width of 3 mm or
of the second closure element; approximately 3 mm.
agusset sealed along three sides of the first sidewall and the 17. The storage bag of claim 16, wherein the seam is a
second sidewall, leaving an opening through the double- double-seal.
locking closure mechanism and defining an interior 18. The storage bag of claim 11, wherein the first and
space having a specific Volume; second sidewalls comprise a first material and the first and
a first corner sealata first corner of the first sidewall and the second closure elements comprise a second material.
second sidewall, the first corner seal reinforcing a first 19. The storage bag of claim 18, wherein the first material
end of the double-locking closure mechanism; and is a blend of approximately 90% or less ethylene vinyl acetate
a second corner seal at a second corner of the first sidewall (EVA) and approximately 10% or less polyethylene (PE).
and the second sidewall, the second corner seal reinforc 20. The storage bag of claim 19, wherein the first material
and the second material are same or different.
ing a second end of the double-locking closure mecha
1S. k k k k k
Exhibit B
US 20150202832A1
(19) United States
(12) Patent Application Publication (10) Pub. No.: US 2015/0202832 A1
Denis et al. (43) Pub. Date: Jul. 23, 2015
(54) WASHABLE, WATERPROOF, SEALABLE AND (52) U.S. Cl.

REUSABLE STORAGE BAGS CPC ................. B31B 21/00 (2013.01); B3 IB 19/60
(2013.01); B31B 19/74 (2013.01); B65D 27/20
(71) Applicant: BlueAvocado, Co., Austin, TX (US) (2013.01); B31 B 222 1/102 (2013.01)
(72) Inventors: Alain Denis, Cedar Park, TX (US); Amy (57) ABSTRACT
George, Austin, TX (US) Disclosed are embodiments of a versatile storage bag and
methods of making same. The versatile storage bag may have
(21) Appl. No.: 14/598,475 first and second sidewalls, a double-locking closure mecha
1-1. nism with a first closure element extending along the first
(22) Filed: Jan. 16, 2015 sidewall and a second closure element extending along the
O O second sidewall, each closure element having a channel and
Related U.S. Application Data an elongated member configured for interlocking with one
(60) Provisional application No. 61/928,575, filed on Jan. another. A double-seal along three sides of the first sidewall
17, 2014. and the second sidewall form a gusset between two seals,
leaving an opening through the double-locking closure
Publication Classification mechanism. Corner seals may be formed at the corners of the
first and second sidewalls, further reinforcing the double
(51) Int. Cl. locking closure mechanism for an airtight and hence water
B3B 2/00 (2006.01) proof seal. The versatile storage bag may be made of a food
B3B 9/74 (2006.01) grade polyethylene vinyl acetate blend, approximately 90%
B65D 27/20 (2006.01) or less ethylene vinyl acetate and approximately 10% or less
B3B 9/60 (2006.01) polyethylene.
14b. 14b-1
19 6 17 9 11d
1s, 11b
14b-2
7 16a
2 1- 20
11C 14a-1 /- 13C

10
11a
s
14a 1. 14a-2 / W 8
13b
16C 12b
3- 18
13a M 12a
3 -- 12
s
5
5 é s:
40
41 CREATE FIRST PORTION HAVING

FIRST CLOSURE ELEMENT
42 CREATE SECOND PORTION
JOIN FIRST PORTION AND SECOND

43 PORTION TO CREATE FIRST SIDEWALL
WITH FIRST CLOSURE ELEMENT

JOIN COMPLEMENTARY FIRST PORTION

45 WITH COMPLEMENTARY SECOND
PORTION TO CREATE SECOND SIDEWALL
WITH SECOND CLOSURE ELEMENT
ALIGN FIRST SIDEWALL AND SECOND

SIDEWALL SUCH THAT FIRST CLOSURE
46 ELEMENT AND SECOND CLOSURE ELEMENT
FORM DOUBLE-LOCKING CLOSUREMECHANISM
FORM DOUBLE SEALSALONG THREE

SIDES OF FIRST SIDEWALL AND SECOND
47 SIDEWALL LEAVING OPENING THROUGH
DOUBLE-LOCKING CLOSUREMECHANISM
FORMCORNER SEALSAT CORNERS

49 TO REINFORCE DOUBLE-LOCKING
CLOSUREMECHANISM
FIG. 4
s
S3
o
s
75a 75b
FIG. T.
9 9
80b
80a
12a 12a
80C 80C
12a 12a

t
110
FIG 11

s
US 2015/0202832 A1 Jul. 23, 2015
WASHABLE, WATERPROOF, SEALABLE AND durability, etc. Consequently, there is room for innovations
REUSABLE STORAGE BAGS and improvements in the field of storage containers.
CROSS-REFERENCE TO RELATED SUMMARY OF THE DISCLOSURE
APPLICATIONS
0006 Embodiments disclosed herein are directed to light
0001. This application is a conversion of and claims a weight, flexible, washable, sealable, reusable, reclosable, and
benefit of priority from U.S. Provisional Application No. durable storage containers and methods of manufacturing
61/928,575, filed Jan. 17, 2014, entitled “WASHABLE, same. In some embodiments, such a storage container may be
WATERPROOF, SEALABLE AND REUSABLE STOR referred to herein as a versatile pouch or storage bag.
AGE BAGS, which is hereby incorporated by reference as if 0007. In some embodiments, such a versatile storage bag
set forth herein in its entirety, including all appendices and can include or otherwise incorporate freshness and watertight
attachments thereto. This application relates to U.S. patent properties desirable in food and travel storage, addressing a
application No. (BLUEA1110-1), filed Jan. 16, 2015, which particular need in the art for a food grade durable, reliable,
is a conversion of and claims a benefit of priority from U.S. washable, and Sealable storage bag.
Provisional Application No. 61/928,579, filed Jan. 17, 2014, 0008. In some embodiments, the versatile storage bag can
entitled “WASHABLE, WATERPROOF, SEALABLE AND be made of a thermoplastic material such as food safe, FDA
REUSABLE SOFT GUSSETED VOLUMIZED STORAGE grade polyethylene vinyl acetate (PEVA) blend of ethylene
BAGS. both of which are hereby incorporated by reference vinyl acetate (EVA) and polyethylene (PE). The ratio of EVA/
herein in their entireties. PE may vary from implementation to implementation,
depending upon the desired properties such as stiffness, flex
TECHNICAL FIELD ibility, tear resistance, heat resistance, heat retention, etc. In
some embodiments, the ratio of EVA/PE in the material of a
0002 This disclosure relates generally to storage contain Versatile storage bag may range from, for instance, approxi
ers. More particularly, embodiments disclosed herein relate mately 9 parts of EVA to one part of PE to approximately 7
to lightweight, Sealable, and reusable storage containers, use parts of EVA to 3 parts of PE. Those skilled in the art will
ful in a variety of container categories, including food, travel, appreciate that different ratios of EVA/PE may be used. Those
and organization. skilled in the art will also appreciate that other materials may
BACKGROUND OF THE RELATED ART be used and/or added. In some embodiments, the material of
the versatile storage bag may have a minimum thickness
0003. Today’s food storage containers generally fall into configured for allowing hot and cold water washing as well as
two classes: either bulky and reusable, or lightweight but for multiple reuses. In some embodiments, the versatile stor
designed for single-use disposable options. The former is age bag can be machine washed multiple times in high-heat,
either a glass item that offers toxin-free storage, but is heavy providing a highly desirable reusability.
to carry, or a plastic container, that may have toxins and still 0009. In some embodiments, the entire versatile storage
may be too bulky for practical uses. The lightweight alterna bag can be made of the same material, including a unique
tives are often disposable style bags with a sealed closure, but closure mechanism that significantly improves the sealability
are made of a material and/or design specific for single use over prior storage containers. In some embodiments, the Ver
purposes. While some customers do wash and reuse, these satile storage bag can be made of two or more materials, with
lightweight disposable style bags tend to deteriorate and/or the closure mechanism of the versatile storage bag having a
fall apart rather quickly after first use. Furthermore, they are first ratio of EVA/PE and a body of the versatile storage bag
not designed to withstand multiple cleanings in the dish having a second ratio of EVA/PE such that the body of the
washer or washing machine. Versatile storage bag is more flexible than the closure mecha
0004 Examples of various storage containers can be nism.
found in U.S. Pat. No. 8,578,572, entitled “CLOSURE 0010 Numerous other materials and combinations thereof
MECHANISMAND METHOD OF CLOSING”; U.S. Pat. may also be suitable for implementing embodiments of a
No. 8,568,031, entitled “CLICKING CLOSURE DEVICE Versatile storage bag disclosed herein.
FOR A RECLOSABLE BAG”; U.S. Pat. No. 8,308,021, 0011. In some embodiments, the closure mechanism of a
entitled “DISPOSABLE STORAGE CONTAINER”; U.S. Versatile storage bag disclosed herein can include a pair of
Pat. No. 8,469,593, entitled “RECLOSABLE BAG HAVING closure elements located on two sides of the versatile storage
A PRESS TO VENT ZIPPER: U.S. Pat. No. 5,542,766, bag. The first closure element may include a channel and an
entitled “WATERPROOF CLOSURE SEAL FOR BAGS, elongated member extending along a base of the first closure
CLOTHING AND OTHER USES, U.S. Pat. No. 8,196,269, element. The second, complementary closure element may
entitled "CLOSUREMECHANISMFORA RECLOSABLE include an elongated member and a channel extending along
POUCH, U.S. Pat. No. 8,474,623, entitled “ECOLOGICAL a base of the second closure element. Each channel may have
SNACK BAG”; U.S. Pat. No. 7,857,515, entitled “AIR a cross-sectional profile resembling a pair of arms extending
TIGHT CLOSURE MECHANISMFORA RECLOSABLE from a body. Each elongated member may have a cross
POUCH: U.S. Pat. No. 8,197,139, entitled “VALVE AND sectional profile resembling a stud or post.
VALVESTRIPFOR A RECLOSABLE CONTAINER: and 0012. The cross-sectional profile of the channel is config
U.S. Pat. No. 8,308,021, entitled “DISPOSABLESTORAGE ured to allow the channel to, when pressed, extend to each
CONTAINER. side of the elongated member to thereby lock with the elon
0005. These and other storage containers currently avail gated member. Both elongated members may have a textured
able on the market suffer some or all the aforementioned or shaped Surface to lock and seal in their corresponding
drawbacks and/or lack certain desirable properties such as channels and the channels can fully and securely receive their
lightweight, flexibility, washability, sealability, reusability, corresponding elongated members to lock and thereby create
US 2015/0202832 A1 Jul. 23, 2015
an airtight (and hence waterproof) Seal which, in some disclosure. It should be noted that the features illustrated in
embodiments, may be referred to as a “double-lock.” the drawings are not necessarily drawn to scale. A more
0013. In some embodiments, a method of making a versa complete understanding of the disclosure and the advantages
tile storage bag may include a) manipulating a first material thereof may be acquired by referring to the following descrip
using a first tool to create a first portion having at least a first tion, taken in conjunction with the accompanying drawings in
closure element, the first closure element having a channel which like reference numbers indicate like features and
and an elongated member extending along a base of the first wherein:
closure element; b) manipulating a second material using a 0019 FIG. 1 depicts an isometric view of an example
second tool to create a second portion having a flat or Sub embodiment of a versatile storage bag with a double-locking
stantially flat surface; c) joining the first portion and the closure mechanism, double-seal edges, and reinforced cor
second portion to create a first sidewall with the first closure S.
element; d) creating a complementary first portion having a 0020 FIG. 2a depicts a diagrammatic representation of a
second closure element, the second closure element having an partial, enlarged cross-sectional view of the double-locking
elongated member and a channel extending along a base of closure mechanism of FIG. 1 in a non-occluded State, taken
the second closure element; e) joining the complementary generally along the line 2-2 of FIG. 1.
first portion and a complementary second portion to create a 0021 FIG.2b depicts a diagrammatic representation of a
second sidewall with the second closure element: f) aligning partial, enlarged cross-sectional view of the double-locking
the first sidewall and the second sidewall such that the first closure mechanism of FIG. 2a in an occluded State.
closure element and the second closure element togetherform 0022 FIG. 3 depicts a diagrammatic representation of a
a double-locking closure mechanism; and g) forming double partial, enlarged cross-sectional view of a double-sealed edge
seals along three sides of the first sidewall and the second of FIG. 1, taken generally along the line 3-3 of FIG. 1.
sidewall, leaving an opening through the double-locking clo 0023 FIG. 4 is a flow chart illustrating an example of a
Sure mechanism. method for making a versatile storage bag according to some
0014. In some embodiments, the method may further embodiments.
comprise forming a first corner seal at a first corner and a 0024 FIGS.5a-5d depict diagrammatic representations of
second corner seal at a second corner of the versatile storage various corner seal profiles and corresponding stamps or
bag. These corner seals can reinforce the double-locking clo molds used in manufacturing same according to some
Sure mechanism and overall strength and durability of the embodiments.
Versatile storage bag. 0025 FIG. 6 depicts a diagrammatic representation of a
0015. In some embodiments, reusability of the versatile portion of a tooling for forming a corner seal of a versatile
storage bag is significantly improved over prior storage con storage bag according to some embodiments.
tainers due at least in part to the double-seal construction 0026 FIG. 7 depicts a diagrammatic representation of a
along the edges of the versatile storage bag. Multiple welded pair of L-shaped corner profiles according to some embodi
seams with a double wall spacer allow for additional strength mentS.
on the edges of the versatile storage bag. 0027 FIGS. 8a-8d depict diagrammatic representations of
0016. With healthier living trends from portion control, to different corner configurations according to some embodi
toxin/Bisphenol A (BPA) free and waste-free lunch, consum mentS.
ers need a lightweight, durable alternative that allows for 0028 FIG. 9 depicts a diagrammatic representation of a
daily reuses and washes. Embodiments of a versatile storage partial, enlarged cross-sectional view of a corner portion of
bag disclosed herein can address this need and more. For one example embodiment of a versatile storage bag, taken
example, it allows customers to carry lots of small Snack bags generally along the line 4-4 of FIG. 8d.
in their lunch box, purse or briefcase, keeping them airtight 0029 FIG. 10 depicts a diagrammatic representation of a
and fresh, while not requiring a lot of space. Moreover, it tooling for making double seals along the edges of a versatile
allows customers to adhere to bans and trends for waste-free storage bag according to one embodiment.
or boomerang lunch, as it can easily be washed and reused 0030 FIG. 11 depicts a diagrammatic representation of a
multiple times. Finally, its reusability is not only convenient, tooling for reinforcing a corner of a double-locking closure
but also saves money, replacing dozens of single use bags and mechanism of a versatile storage bag with a particularly con
containers alike. figured corner seal according to one embodiment.
0017. These, and other, aspects of the disclosure will be 0031 FIG. 12 depicts a diagrammatic representation of a
better appreciated and understood when considered in con tooling for manufacturing a versatile storage bag according to
junction with the following description and the accompany one embodiment.
ing drawings. It should be understood, however, that the fol 0032 FIG. 13 depicts a diagrammatic representation of a
lowing description, while indicating various embodiments of tooling for manufacturing a double-locking closure mecha
the disclosure and numerous specific details thereof, is given nism of a versatile storage bag according to one embodiment.
by way of illustration and not of limitation. Many substitu
tions, modifications, additions and/or rearrangements may be DETAILED DESCRIPTION
made within the scope of the disclosure without departing 0033. The disclosure and various features and advanta
from the spirit thereof, and the disclosure includes all such geous details thereofare explained more fully with reference
Substitutions, modifications, additions and/or rearrange to the exemplary, and therefore non-limiting, embodiments
mentS.
illustrated in the accompanying drawings and detailed in the
BRIEF DESCRIPTION OF THE DRAWINGS following description. It should be understood, however, that
the detailed description and the specific examples, while indi
0.018. The drawings accompanying and forming part of cating the preferred embodiments, are given by way of illus
this specification are included to depict certain aspects of the tration only and not by way of limitation. Various substitu
US 2015/0202832 A1 Jul. 23, 2015
tions, modifications, additions and/or rearrangements within 0039. Furthermore, in this example embodiment, first clo
the spirit and/or scope of the underlying inventive concept sure element 14a and first sidewall 17 may be joined or
will become apparent to those skilled in the art from this otherwise affixed to each other using a thermoplastic weld, a
disclosure. strip of molten thermoplastic weld material, an adhesive, or
0034 Referring to FIG. 1, versatile storage bag 15 of any material and/or joining methods known to those skilled in
material 8 according to one non-limiting example embodi the art to form seam 10. Second closure element 14b and
ment may include first and second sidewalls 17 and 18, open second sidewall 18 may be joined or otherwise affixed to each
ing 19, ends 13b, 13c joined around edges or sides 16a-16c. other in the same or similar manner. In one embodiment, seam
and gusset 13a defined by seals 12a and 12b. Closure mecha 10 may have a minimum measurement such as 3 mm or
nism.9 may have first closure element 14a and second closure approximately 3 mm.
element 14b on sides 6 and 7. First closure element 14a and 0040. As shown in FIG.2a and FIG.2b, first sealing and
second closure element 14b may extend from first corner 11a locking section 21, 22 is disposed on elongated member
to second corner.11b and may join first and second sidewalls 14b-1 of second closure element 14b and second sealing and
17, 18 via seam 10 on either side proximate opening 19. In locking section 23, 24 is disposed on elongated member
Some embodiments, first closure element 14a may include 14a-2 on first closure element 14a. Elongated member 14b-1
channel 14a-1 and elongated member 14a-2. In some of second closure element 14b and elongated member 14a-2
embodiments, second closure element 14b may include elon of first closure element 14a are shown to have the widest
gated member 14b-1 and channel 14b-2. pressure point Y and the narrowest locking point Y. First
0035 Closure mechanism.9, first and second sidewalls 17, pressure contact points. 5a and 5b of channel 14a-1 and sec
18, and double-seal 12 define storage means interior space 20. ond pressure contact points 6a and 6b of channel 14b-2 may
As explained below, when closure mechanism 9 is fully define a distance of X which is to never be greater than Y in
sealed across opening 19, storage bag 15 can provide an order to have a proper securement of first and second closure
airtight seal Such that content in interior space 20 may be elements 14a. 14b to create a waterproof seal. As a non
maintained for a desired period of time. Such as days, months, limiting example, X may be 0.7 mm and Y may be 0.8 mm.
or years. In some embodiments, when fully sealed, storage 0041. As shown in FIG. 1, in some embodiments, first and
bag 15 can withstand at least 10 pounds of pressure or higher, second sidewalls 17, 18 may be joined and double-sealed
for instance, up to 35 pounds of pressure. In one embodiment, around three edges or sides 16a-16c. This may be done using
storage bag 15 can be approximately 8.5"x4.75" in size. plastic welding. Plastic welding refers to a process of uniting
polymeric materials, generally with the aid of heat or any
0036 FIG. 2a and FIG. 2b respectively depict closure suitable conductive element. Welding of thermoplastics can
mechanism 9 in a non-occluded State and an occluded State. be accomplished by first preparing the Surfaces of the mate
Referring to FIG. 2a, channel 14a-1 of first closure element rials, applying heat and/or pressure to the materials, and
14a may have a first locking profile with arms 1a-1b extend allowing the materials to cool. Other welding methods may
ing from body 1c, while elongated member 14b-1 of second also be used.
closure element 14b may have a second locking profile with 0042. Referring to FIG. 3, in some embodiments, double
stud 2 extending from body 4c of second closure element 14a. welded seams or seals 12a, 12b may have a minimum width
Stud 2 may have a textured surface Such as bumps, grooves, or of Z. In some embodiment, reinforcement section or gusset
crosswise grooves and may be configured and sized to be 13a between double seals 12a and 12b may have a width of W
securely received by arms 1a-1b. The textured surface, size, where W is approximately no less than three times Z. As a
and/or shape of stud 2 and arms 1a-1b may be configured to non-limiting example, Z may be 0.3 mm and W may be 0.9
provide a tactile sensation and/or audible sensations, such as mm or more. In one embodiment, gusset 13a may have a
a series of clicks, as a user draws the fingers along closure width of 2 mm or approximately 2 mm.
mechanism 9 to seal opening 19 of storage bag 15 along the 0043 FIG. 4 is a flow chart illustrating an example of a
length of closure mechanism 9. method for making a versatile storage bag according to some
0037 First closure element 14a may further include a third embodiments. In some embodiments, method 40 may include
locking profile with stud 3 extending from body 1c and sec creatingaportion having a first closure element (41), creating
ond closure element 14b may further include a fourth locking a second portion (42), and joining the first portion and the
profile with arms 4a-4b extending from body 4c. Stud3 may second portion to create a first sidewall with the first closure
have a textured Surface Such as grooves and may be config element (43). The first closure element may have a channel
ured and sized to be securely received by arms 4a-1b. and an elongated member similar to channel 14a-1 and elon
0038. As shown in FIG. 2b, when coupled, first closure gated member 14a-2 described above with reference to FIGS.
element 14a and second closure element 14b form a double 2a and 2b.
lock for closure mechanism 9, with elongated member 14b-1 0044) These steps may be repeated to create a second
of second closure element 14b securely received by channel sidewall with a second closure element. The closure element
14a-1 of first closure element 14a and elongated member may have a channel and an elongated member similar to
14a-2 of first closure element securely received by channel elongated member 14b-1 and channel 14b-2 described above
14b-2 of second closure element 14b in a complementary with reference to FIGS. 2a and 2b. Since the second closure
manner. Those skilled in the art will appreciate that the con element may be complementary to the first closure element,
figuration and geometry of first and second closure elements the same tool and/or mold may be used to create both the first
14a. 14b and their respective locking profiles may vary from portion having the first closure element and a complementary
implementation to implementation. Therefore, the example first portion having the second closure element that is comple
embodiment of first closure element 14a and second closure mentary to the first closure element (44). Likewise, the same
element 14b shown in FIG.2a and FIG.2b is illustrative and tool and/or mold may be used to make the second portion and
non-limiting. a complementary second portion. The complementary first
US 2015/0202832 A1 Jul. 23, 2015
portion may be joined with the complementary second por what degree of flexibility/stiffness is desired. The heat resis
tion in the same or similar manner to create the second side tance property of a PEVA blend may be manipulated in a
wall with the second closure element (45). similar manner. For example, a PEVA blend with 99% EVA
0045. The first sidewall and the second sidewall may be and 1% PE may have high tear resistance and heat resistance,
aligned (46) such that the first closure element and the second while a PEVA blend with 70% EVA and 30% PE may be
closure element together can form a double-locking closure softer, but with less tear resistance and less heat resistance. In
mechanism similar to closure mechanism 9 described above. some embodiments, a PEVA blend of 90% EVA and 10% PE
Once properly aligned, a double-seal Such as double-seal 12 may provide a non-chlorine PVC alternative to food grade
described above can be formed (e.g., using a sealing tool) storage bags as PVC is not a food grade material. PEVA bonds
along three sides of the first and second sidewalls, leaving an to another material that is made out of either PE or EVA. Thus,
opening through the double-locking closure mechanism (47). Some embodiments of a versatile storage bag disclosed herein
0046. If desired, corner seals can be formed at the corners can be formed from any combination of PEVA, EVA, and PE
to reinforce the double-locking closure mechanism (49). Spe materials.
cifically, a first corner seal may be created at a first corner of 0051. In some embodiments, an organic thermoplastic
the first sidewall and the second sidewall, the first corner seal polymer such as polyether ether ketone (PEEK) may be used.
reinforcing a first end of the double-locking closure mecha PEEK melts around 343 (662 F.) and it is FDA approved
nism and a second corner seal may be created at a second food grade material. Since it is relatively stiff, a blend of
corner of the first sidewalland the second sidewall, the second PEEK including another material or materials may be used.
corner seal reinforcing a second end of the double-locking For PEEK, the thinnest laminate thickness the industry cur
closure mechanism. rently has is 1 millimeter thick. The thinnest silicon laminate
0047. In some embodiments, the first portion, the second available is even thicker than the thinnest PEEKlaminate. In
portion, and their complementary first and second portions Some embodiments, a blend or composition including a 50%
may be made of a thermoplastic material. Examples of Suit PEEK, a 48% EVA, and a 2% PE material may be used. In
able thermoplastic materials may include polypropylene another blend, a ratio can be 40:20:40 with PEEK added for
(PP), ethylene vinyl acetate (EVA), polyethylene (PE), met high heat resistance, EVA added for flexibility and durability,
allocene-polyethylene (mPE), low density polyethylene and PE added for flexibility.
(LDPE), linear low density polyethylene (LLDPE), ultra-low 0052. In dishwasher safe embodiments, 100% silicon
density polyethylene (ULDPE), biaxially-oriented polyeth material or a different suitable blend or a different suitable
ylene terephthalate (BPET), high density polyethylene material may be used. Injection molding processes may be
(HDPE), polyethylene terephthalate (PET), recycled polyeth used in manipulating a silicon material.
ylene terephthalate (RPET), polyethylene vinyl acetate 0053. In some embodiments, a versatile storage bag dis
(PEVA) among other polyolefin plastomers and combina closed herein can be formed from high-density polyethylene
tions and blends thereof. Other additives such as colorants, (HDPE) or polyethylene high-density (PEHD) which is a
slip agents, and antioxidants, including for example talc, polyethylene thermoplastic. HDPE may be made into film
oleamide or hydroxyl hydrocinnamate may also be added as (sheets) and bonded to silicon or other plastics or to acrylic
desired. etc.
0048 Embodiments of a versatile storage bag disclosed
herein preferably are made of a food grade material which is 0054. In some embodiments, aesthetics (the look and feel)
Food and Drug Administration (FDA) approved, Bisphenol A of a versatile storage bag disclosed herein may be varied by
(BPA) free, flexible, freezer safe (e.g., cold resistant up to the using and/or blending certain materials. For example, the first
operating temperature of a typical freezer Such as 20 degrees type of thermoplastic material may be formed such that first
Fahrenheit), heat resistant and dishwasher safe (e.g., heat sidewall 17 and second sidewall 18 of storage bag 15 shown
resistant up to the operating temperature of a typical dish in FIG. 1 are partially transparent or appear translucent. Alter
washer such as 200 degrees Fahrenheit), lead-free, PVC-free, natively, first and second sidewalls 17, 18 may be made
and/or hand wash safe. opaque by adding a coloring agent to the blend or by changing
0049. In some embodiments, the first portion, the second ratios of materials in the blend. Likewise, double-locking
portion, and their complementary first and second portions closure mechanism 9 may be made transparent, opaque,
may be made of the same or different thermoplastic material translucent, and/or colored.
(s). As an example, first sidewall 17 and second sidewall 18 of 0055 As an example, a thermoplastic resin may be
storage bag 15 shown in FIG.1 may be made of a first type of directed through an extrusion tool having a mold for forming
thermoplastic material while double-locking closure mecha the first closure element. The extruded part may be cut to size
nism.9 may be made of a second type of thermoplastic mate to create the first portion. The complementary first portion
rial. In some embodiments, the first type of thermoplastic may be extruded in the same or similar manner. In some
material may have a thickness of about 0.25 mm to 0.35 mm. embodiments, the first portion (with the first closure element)
preferably about 0.30 mm. The second type of thermoplastic and the complementary first portion (with the second closure
material may have the same or different thickness. element) may be extruded primarily of molten EVA with
0050. In some embodiments, a thermoplastic material various amounts of slip component, colorant, and talc addi
may be EVA or a PEVA blend of EVA and PE. The PEVA tives in a separate process.
blend may comprise 1% to 10% of PE and 99% to 90% of 0056. In some embodiments, the first portion and the
EVA. The ratio of EVA to PE in a PEVA blend determines its complementary first portion may be the same or Substantially
stiffness/flexibility. The stiffness of the material may affect the same. In some embodiments, the first portion may have a
how easily the double-locking closure mechanism may be height different than a height of the complementary first
closed/opened. Thus, the ratio of EVA to PE in a PEVA blend portion. For example, first closure element 14a on side 6 may
may vary from application to application, depending upon be taller or shorter than second closure element 14b on side 7.
US 2015/0202832 A1 Jul. 23, 2015
0057 The same or a different thermoplastic material may have half-moon corner seal profile 51. An example portion of
be directed through a different extrusion tool (e.g., casting half-moon shaped mold or stamp 52 is shown in FIG. 6.
film machine) having a mold for forming a sheet or sheets 0061 Referring to FIG. 6, a corner seal may be created
(multi-ply) and then cut to size and/or shape to form the using stamp or mold 60 having half-moon shaped cavity 65
second portion. The second portion may have a first flat arising out of flat surface 61. In this example, the back side of
surface that eventually becomes part of the outside of the half-moon shaped cavity 65 is cutoff to show a cross-sectional
storage bag thus made and a second flat Surface that eventu view of mold 60. Mold 60 may be referred to as a top plate. In
ally forms part of the interior space (e.g., interior space 20 some embodiments, mold 60 may be part of a tool such as
shown in FIG. 1). In some embodiments, the first and second corner seal reinforcement mold portion 112 of tool 110 shown
Surfaces of the second portion may be the same or Substan in FIG. 11. When positioned on top of a base plate having a
tially the same. In some embodiments, the first and second flat surface such as table 62, mold 60 can create space 63
surfaces of the second portion may be different. For example, having a corner seal profile Such as half-moon corner seal
the first and second Surfaces of the second portion may be profile 51 shown in FIG.5a. In an RF tooling process, the top
textured, colored, or otherwise treated differently. In some plate is kept at one charge and the base plate is kept at a
embodiments, the complementary second portion may be the different charge. The RF tooling process passes the charge
same or Substantially the same as the second portion. Refer through the material. Referring to FIG. 1, to form half-moon
ring to FIG. 1, in some embodiments, one or both sidewalls corner seal 11c, arc-shaped stamp 60 may be pressed down
17, 18 may be embossed or otherwise textured with a pattern, onto corner 11a where both sidewalls 17, 18 meet an end of
Such as a diamond pattern, on one or both Surfaces spaced double-locking closure mechanism 9. The pressure pushes
between bottom edge 16b and closure mechanism 9. the heated material to fill space 63, forming a bubble. In some
0058. Once they are made, the first portion and the second embodiments, additional material may be injected or other
portion can be aligned and joined to form the first sidewall wise provided to fill space 63, ensuring a good seal. This
with the first closure element as described above. Likewise, stamping process of the corners (e.g., corners 11a, 11b shown
the complementary first portion and the complementary sec in FIG. 1) creates a strong, permanent bonding between the
ond portion can be aligned and joined to form the second ends of the first and second closure elements, the seam
sidewall with the second closure element. In some embodi between the double-locking closure mechanism and the side
ments, radio frequency (RF) welding may be used. RF weld walls, and the ends of the double-seal. Some examples of
which are illustrated in FIGS. 8a-8d.
ing applies electricity as a heat element to melta positive and
a negative charge. RF welding is considered the least expen 0062. As a result of the stamping process, these corners
sive type of welding and the fastest one to manufacture the may have a particular corner profile such as L-shaped corner
storage bag described above. Other tools such as a sealing tool profile 75a, 75b shown in FIG. 7. Depending upon implemen
may be used. tation details, other corner profiles may also be possible, as
exemplified in FIGS. 8a-8d.
0059. The first sidewall and the second sidewall are then 0063 FIGS. 8a-8d illustrate various corner profiles that
aligned and a sealing tool may be applied to create a double may be formed at a corner of a versatile storage bag (e.g.,
seal along three sides of the first sidewall and the second corner 11a of versatile storage bag 15 shown in FIG. 1)
sidewall, leaving an opening through the double-locking clo according to some embodiments.
Sure mechanism. To reinforce, a corner seal may be created 0064. In FIG. 8a, a partial view of one embodiment of
(e.g., using RF welding via a heat-molded Stamp) at each versatile storage bag 15 is shown. In this example, double
corner of the double-locking closure mechanism. Each corner locking closure mechanism 9 has first lock 85a (e.g., when
seal is sized to accommodate the height, width, and depth of channel 14a-1 of first closure element 14a is interlocked with
the ends of the double-locking closure mechanism. As an elongated member 14b-1 of second closure element 14b, as
example, a corner seal may be 3 millimeters in height, 4 to 4/2 shown in FIG.2b) and second lock 85b (e.g., when elongated
millimeters in depth, and 9 millimeters in width to accommo member 14a-2 of first closure element 14a is interlocked with
date the width of the double-locking closure mechanism such channel 14b-2 of second closure element 14b, as shown in
that the ends of the double-locking closure mechanism are FIG.2b). Corner 80a is formed (e.g., via a stamping process
securely sealed. The thickness of the corner seals may be the described above) to securely seal and permanently bond the
same as the thickness of the double-locking closure mecha ends of first lock 85a and second lock 85b of double-locking
nism when it is closed.
closure mechanism.9, seam 10, and the ends of seals 12a, 13b,
0060 Referring to FIG. 1, in some embodiments, corner further reinforcing gusset 13a. In this example, corner 80a
seals 11c. 11d may have a particular profile created with a has a box-shaped (rectangle or square) corner profile.
corresponding tooling for a specific application. FIGS. 5a-5d 0065. In FIG. 8b, a partial view of one embodiment of
depict diagrammatic representations of various corner seal versatile storage bag 15 is shown. In this example, corner 80b
profiles and corresponding molds used in manufacturing has an L-shaped corner profile, with ends 86a, 86b of first
same according to Some embodiments. More specifically, lock 85a and second lock 85b extending into corner 80b
FIG. 5a depicts an example of half-moon corner seal profile beyond seal 12b. In some cases, the L-shaped corner profile of
51 and corresponding half-moon shaped mold or stamp 52. corner 80b may be caused by a slight shifting of versatile
FIG.5b depicts another example of half-elliptical corner seal storage bag 15 during manufacturing, for instance, as the
profile 53 and corresponding mold or stamp 54. FIG. 5c corner Stamping tool is used repeatedly and/or when versatile
depicts yet another example of triangular corner seal profile storage bag 15 may not be positioned inside an edge tool
55 and corresponding mold or stamp 56. FIG. 4d depicts an correctly. Due to continuous use of the tools, heat may be
example of square corner seal profile 57 and corresponding generated, causing expansion of the tools which, in turn,
mold or stamp 58. Numerous other corner seal profiles are affects the precision profile of corner 80b. However, as illus
also possible. Preferably, corner seals 11c. 11d are formed to trated in FIG. 8b, the L-shaped corner profile of corner 80b is
US 2015/0202832 A1 Jul. 23, 2015
within the manufacturing tolerance, allowing corner 80b to 0073 FIG. 13 depicts a diagrammatic representation of a
securely seal and permanently bond ends 86a, 86b of first tooling for manufacturing a double-locking closure mecha
lock 85a and second lock 85b of double-locking closure nism of a versatile storage bag according to one embodiment.
mechanism.9, seam 10, and the ends of seals 12a, 13b, further In this example, tool 130 may include metal plate 131. Plate
reinforcing gusset 13a. 131 has extrusion opening 132 with shaped forms or molds
0.066. In some embodiments, the ends of first lock 85a and 134, 13a, and 136b. As an example, place 131 may be used to
second lock 85b of double-locking closure mechanism 9 may form first and second closure elements 14a, 14b described
be further reinforced via a corner seal. This is further illus above. For example, an extrusion machine pushes or pumps a
trated in FIGS. 8C and 8d. molten material from one side of extrusion opening 132 to
0067. In FIG. 8c, corner seal 87 may be formed simulta form first and second closure elements 14a, 14b on the other
neously with corner 80c or in a separate process after corner side of extrusion opening 132. The extrusion process is
80c is stamped down. As described above and illustrated in known to those skilled in the art and thus is not further
FIGS. 5a-5d, such a corner seal may have various shapes and described herein. Other processes such as injection molding
sizes. In this example, corner seal 87 is formed with a trian may also be used to form closure elements 14a. 14b.
gular stamp or mold. One of the advantages of this corner seal 0074 Although the invention has been described with
reinforcement feature is that it can avoid micro-fissures at the respect to specific embodiments thereof, these embodiments
link or seal point between sides 6 and 7 of versatile storage are merely illustrative, and not restrictive of the invention.
bag 15. Such micro-fissures can cause leaking. Such leaking The description herein of illustrated embodiments of the
can be presented by forming corner seal 87 around the ends of invention, including the description in the Summary, is not
first lock 85a and second lock 85b, as illustrated in FIG. 8c. intended to be exhaustive or to limit the invention to the
0068 FIG. 8d illustrates another example of corner seal precise forms disclosed herein (and in particular, the inclu
89. Corner seal 89 may have a half-moon profile with a depth sion of any particular embodiment, feature or function within
“T” based on a width “S” defined by first lock 85a and second the Summary is not intended to limit the scope of the inven
lock 85b. For example, “T” may be definedas">60% of S.” In tion to such embodiment, feature or function). Rather, the
some embodiments, “S” may be 7 mm or approximately 7 description is intended to describe illustrative embodiments,
features and functions in order to provide a person of ordinary
0069. A partial, enlarged cross-sectional view of corner skill in the art context to understand the invention without
seal 89, taken generally along the line 4-4 of FIG. 8d. is shown limiting the invention to any particularly described embodi
in FIG. 9. In this example, corner seal 89 may have a cross ment, feature or function, including any such embodiment
sectional height of “H” defined by a tool such as arc-shaped feature or function described in the Summary. While specific
stamp 60 shown in FIG. 6. In one embodiment, “H” may be embodiments of, and examples for, the invention are
defined by space 63 of arc-shaped stamp 60. FIG. 9 shows described herein for illustrative purposes only, various
another embodiment of studs 2 and 3 having a shape and/or equivalent modifications are possible within the spirit and
texture that is different from the example shown in FIGS. 2a scope of the invention, as those skilled in the relevant art will
and 2b. recognize and appreciate. For example, color can be used on
0070 FIG. 10 depicts a diagrammatic representation of a tabs at top of the double-locking closure mechanism to help
tooling for making double seals along the edges of a versatile create visual distinction from the rest of the storage bag,
storage bag according to one embodiment. In this example, making it easier to identify the opening and unlock. Color can
tool 100 can be made of metal and include double-edge seam also be applied to the main storage element of the bag, in
mold portion 102 having first and second edge seal molds whole or part, to make it easier to see the contents and/or to
105a, 105b. Tool 100 may further include corner stamp area distinguish from single use, disposable style bags. In addi
104. In one embodiment, tool 100 may be used to create seals tion, color can be used as an organizing element for packing
12a, 12b, gusset 13a, and corner 80a shown in FIG. 8a. To food, identifying person, or keeping distinct for certain foods
create a corner seal, a separate machine or device such as tool to address food allergies.
110 shown in FIG. 11 may be used. 0075. As indicated, these modifications may be made to
0071 FIG. 11 depicts a diagrammatic representation of a the invention in light of the foregoing description of illus
tooling for reinforcing a corner of a double-locking closure trated embodiments of the invention and are to be included
mechanism of a versatile storage bag with a particularly con within the spirit and scope of the invention. Thus, while the
figured corner seal according to one embodiment. In this invention has been described herein with reference to particu
example, tool 110 includes corner seal reinforcement mold lar embodiments thereof, a latitude of modification, various
portion 112 having a half-moon, bowl, or dome-like profile. changes and Substitutions are intended in the foregoing dis
0072. In some embodiments, a single machine or device closures, and it will be appreciated that in some instances
may be used to simultaneously create the seals (e.g., seals some features of embodiments of the invention will be
12a, 12b), the gusset (e.g., gusset 13a), the corners (e.g., employed without a corresponding use of other features with
corners 11a, 11b), and the corner seals (e.g., corner seals 11c, out departing from the scope and spirit of the invention as set
11d). FIG. 12 depicts a diagrammatic representation of Such forth. Therefore, many modifications may be made to adapt a
a device according to one embodiment. In this example, tool particular situation or material to the essential scope and spirit
120 includes double-edge seam mold portion 102 having first of the invention.
and second edge seal molds 105a, 105b similar to those of 0076 Reference throughout this specification to “one
tool 100 described above for forming the seals and the gusset embodiment”, “an embodiment’, or “a specific embodiment'
as described above. Tool 120 further includes corner stamp or similar terminology means that a particular feature, struc
area 124 having corner seal reinforcement feature mold por ture, or characteristic described in connection with the
tion 122 for forming corners with corner seals as described embodiment is included in at least one embodiment and may
above. not necessarily be present in all embodiments. Thus, respec
US 2015/0202832 A1 Jul. 23, 2015
tive appearances of the phrases “in one embodiment”, “in an

99 &
e) joining the complementary first portion and a comple
embodiment’, or “in a specific embodiment” or similar ter mentary second portion to create a second sidewall with
minology in various places throughout this specification are the second closure element;
not necessarily referring to the same embodiment. Further f) aligning the first sidewall and the second sidewall Such
more, the particular features, structures, or characteristics of that the first closure element and the second closure
any particular embodiment may be combined in any Suitable element together form a double-locking closure mecha
manner with one or more other embodiments. It is to be nism; and
understood that other variations and modifications of the g) forming double seals along three sides of the first side
embodiments described and illustrated herein are possible in wall and the second sidewall, leaving an opening
light of the teachings herein and are to be considered as part through the double-locking closure mechanism.
of the spirit and scope of the invention. 2. The method according to claim 1, further comprising:
0077. In the description herein, numerous specific details h) forming a first corner seal at a first corner of the first
are provided, such as examples of components and/or meth sidewall and the second sidewall, the first corner seal
ods, to provide a thorough understanding of embodiments of reinforcing a first end of the double-locking closure
the invention. One skilled in the relevant art will recognize, mechanism; and
however, that an embodiment may be able to be practiced i) forming a second corner seal at a second corner of the
without one or more of the specific details, or with other first sidewall and the second sidewall, the second corner
assemblies, methods, components, materials, parts, and/or seal reinforcing a second end of the double-locking clo
the like. In other instances, well-known structures, methods, Sure mechanism.
components, materials, or operations are not specifically 3. The method according to claim 2, wherein steps g), h),
shown or described in detail to avoid obscuring aspects of and i) are performed simultaneously or separately.
embodiments of the invention. While the invention may be 4. The method according to claim 2, whereinforming the
illustrated by using a particular embodiment, this is not and first corner seal comprises using a mold and injecting or
does not limit the invention to any particular embodiment and directing the first material into the mold.
a person of ordinary skill in the art will recognize that addi 5. The method according to claim 1, wherein the first tool
tional embodiments are readily understandable and are a part comprises an extrusion plate with an opening for forming the
of this invention. channel and the elongated member.
0078. As used herein, the terms “comprises.” “compris 6. The method according to claim 1, wherein step c) is
ing,” “includes,” “including,” “has “having,” or any other performed using radio frequency (RF) welding.
variation thereof, are intended to cover a non-exclusive inclu 7. The method according to claim 1, wherein the first
Sion. For example, a process, product, article, or apparatus material is a blend of ethylene vinyl acetate (EVA) and poly
that comprises a list of elements is not necessarily limited ethylene (PE).
only those elements but may include other elements not 8. The method according to claim 7, wherein the blend
expressly listed or inherent to such process, process, article, comprises approximately 90% or more EVA and approxi
or apparatus. mately 10% or less PE.
007.9 Furthermore, the term 'or' as used herein is gener 9. The method according to claim 8, wherein the first
ally intended to mean “and/or unless otherwise indicated. As material and the second material are same or different.
used herein, including the claims that follow, a term preceded 10. A storage bag made by the method according to claim
by “a” or “an” (and “the' when antecedent basis is “a” or
'an) includes both singular and plural of Such term, unless 11. A storage bag, comprising:
clearly indicated within the claim otherwise (i.e., that the a first sidewall;
reference “a” or “an clearly indicates only the singular or
only the plural). Also, as used in the description herein and a second sidewall;
throughout the claims that follow, the meaning of “in” a double-locking closure mechanism comprising a first
includes “in” and “on” unless the context clearly dictates closure element extending along the first sidewall and a
otherwise. The scope of the disclosure should be determined second closure element extending along the second side
by the following claims and their legal equivalents. wall, the first closure element having a channel and an
What is claimed is:
elongated member extending along a base of the first
closure element, the second closure element having an
1. A method of making a storage bag, comprising: elongated member and a channel extending along a base
a) manipulating a first material using a first tool to create a of the second closure element;
first portion having at least a first closure element, the a double-seal along three sides of the first sidewall and the
first closure element having a channel and an elongated second sidewall, forming a gusset between two seals and
member extending along a base of the first closure ele leaving an opening through the double-locking closure
ment; mechanism;
b) manipulating a second material using a second tool to a first corner sealata first corner of the first sidewall and the
create a second portion having a flat or Substantially flat second sidewall, the first corner seal reinforcing a first
Surface; end of the double-locking closure mechanism; and
c) joining the first portion and the second portion to create a second corner seal at a second corner of the first sidewall
a first sidewall with the first closure element; and the second sidewall, the second corner seal reinforc
d) creating a complementary first portion having a second ing a second end of the double-locking closure mecha
closure element, the second closure element having an nism.
elongated member and a channel extending along a base 12. The storage bag of claim 11, wherein the first sidewall
of the second closure element; has a thickness of about 0.25 mm to 0.35 mm.
US 2015/0202832 A1 Jul. 23, 2015
13. The storage bag of claim 11, wherein the first corner
seal is sized to accommodate ends of the first closure element
and the second closure element.
14. The storage bag of claim 11, wherein the first corner has
an L-shaped corner profile.
15. The storage bag of claim 14, wherein the first corner
seal has a half-moon shaped profile.
16. The storage bag of claim 11, wherein the double-seal
has a width and wherein the gusset is approximately no less
than three times the width of the double-seal.
17. The storage bag of claim 11, wherein the gusset
between the two seals has a width of about 2 mm.
18. The storage bag of claim 11, wherein the first and
second sidewalls comprise a first material and the first and
second closure elements comprise a second material.
19. The storage bag of claim 18, wherein the first material
is a blend of approximately 90% or less ethylene vinyl acetate
(EVA) and approximately 10% or less polyethylene (PE).
20. The storage bag of claim 19, wherein the first material
and the second material are same or different.
k k k k k
Exhibit C
Exhibit D
USOOD753444S
(12) United States Design Patent (10) Patent No.: US D753,444 S

Denis (45) Date of Patent: Apr. 12, 2016
(54) COMBINED STORAGE AND SNACK BAG (56) References Cited

WHICH IS REUSABLE, WASHABLE AND U.S. PATENT DOCUMENTS
SEALABLE
5,009,828. A * 4, 1991 McCree ............. B65D 33,2508
156,244.11
(71) Applicant: Alain R. Denis, Cedar Park, TX (US) 2008.0137995 A1* 6, 2008 Fraser ................... B65F 1/OOO6
383,75
2009/0232422 A1* 9/2009 Broering ............... B65F 1/OOO6
(72) Inventor: Alain R. Denis, Cedar Park, TX (US) 383,75
2011/0044566 A1 2/2011 Fish ..................... B65D 33,007
383.63
(**) Term: 14 Years
* cited by examiner
(21) Appl. No.: 29/489,790
Primary Examiner — Terry Wallace
(22) Filed: May 2, 2014 (74) Attorney, Agent, or Firm — Matthew E. Burr
(57) CLAM
(51) LOC (10) Cl. ................................................ O7-O1 The ornamental design for a combined storage and Snack bag
(52) U.S. C. which is reusable, washable and sealable, as shown.
USPC ........................................................... D7/6O2 DESCRIPTION
(58) Field of Classification Search FIG. 1 is a perspective view of combined storage and Snack
USPC ........ D7/602, 601, 299; 156/242, 244.11, 60, bag which is reusable, washable and sealable showing my
156/244.25, 66; 383/63, 65, 75 new design;
FIG. 2 is a front elevation view thereof;
CPC ...... B65F 1/0006; B65D 33/16; B65D 33/24: FIG. 3 is a back elevation view thereof,
B65D 33/255; B65D 33/2566; B65D 33/2508; FIG. 4 is a top elevation view thereof; and,
FIG. 5 is a bottom elevation view thereof.
B65D 33/07; B29D 22/003
See application file for complete search history. 1 Claim, 5 Drawing Sheets
U.S. Patent Apr. 12, 2016 Sheet 1 of 5 US D753,444 S

U.S. Patent Apr. 12 9 2016 Sheet 2 of 5 US D753 ,444 S

& s:


Exhibit E
Exhibit F
NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT, dated as of October 14, 2016 (the "Agreement"), is made by
and among BLUEAVOCADO, a c-corporation (hereinafter “Disclosing Party”), on the one hand, and Rebecca Finnell,
(hereinafter “Receiving Party”), on the other hand, for the purposes set forth hereunder1.
Recitals
WHEREAS, both parties are interested in exploring the possibility of entering into a business arrangement
with each other (the "Transaction"); and
WHEREAS, the manner, terms and conditions of such Transaction have not been determined and are
subject to negotiations in the future between the parties; and
WHEREAS, each of the parties to this Agreement may disclose certain of its proprietary and confidential
information concerning its business, technology and affairs to the other party for the sole purpose of furthering
discussions concerning the Transaction; and
WHEREAS, For the purpose of this Agreement, the party disclosing the information shall be deemed the
“Disclosing Party” and the party receiving such information the “Receiving Party”;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements of the parties
hereto as herein contained and for other valuable considerations, the receipt and sufficiency of which are hereby
acknowledged by each party, the parties hereby agree as follows:
Agreement
1. Confidential Information. “Confidential Information” shall mean all information disclosed by

the Disclosing Party to the Receiving Party under this Agreement (whether orally or in writing) related to the business
of the Disclosing Party, including without limitation information relating to its research, development, processes and
methodologies; product designs and specifications; software; business development plans and strategies; cost and
pricing data; financial analyses and forecasts; customers and prospective customers; the identity, skills and
compensation of employees, contractors and consultants; project proposals or requests for proposals; third party
information that the Disclosing Party is obligated to maintain as confidential; and the Disclosing Party’s trade secrets.
Such term includes without limitation any notes, analyses, summaries or other materials which contain, reflect or are
generated from any such information, and any such material received prior to the date hereof.
The Receiving Party agrees to treat in the strictest confidence all Confidential Information received from
the Disclosing Party or any person acting on its behalf. The Receiving Party agrees that it will not provide the
Confidential Information received from the Disclosing Party to any other person; provided, however, that any of such
Confidential Information may be disclosed to such of the Receiving Party’s directors, officers, employees, or counsel
who need to know such information for the purpose of evaluating and furthering the discussions for the Transaction,
provided that such directors, officers, employees, or counsel shall be informed of the confidential nature of the
Confidential Information and shall agree to be bound by the restrictions in this Agreement. The Receiving Party will
be liable for any actions or omissions of its directors, officers, employees, or counsel that would result in a breach of
this Agreement if taken or omitted by the Receiving Party. The Receiving Party will use reasonable care to prevent
disclosure of the Confidential Information, but in any event at least the level of care it uses to protect its own
confidential information. The Receiving Party will notify the Disclosing Party of any unauthorized disclosure or use of
the Confidential Information and will cooperate with the Disclosing Party in obtaining the return or prevention of
further unauthorized use.
___________________________________________________________________________
PAGE 1 OF 4
2. Exclusions. The term "Confidential Information" does not include information that (a) is or
becomes generally available to the public other than as a result of disclosure by the Receiving Party; (b) was readily
available to the Receiving Party on a non-confidential basis prior to its disclosure hereunder; (c) was lawfully in the
Receiving Party’s possession prior to its disclosure hereunder without any obligation of confidentiality to the
Disclosing Party; or (d) becomes available to the Receiving Party on a non-confidential basis from a source other
than the Disclosing Party; provided, that such source is not bound by confidentiality agreements with the Disclosing
Party or its representatives or by legal, fiduciary or ethical constraints on disclosure of such information of which the
Receiving Party is aware.
3. Use of Confidential Information. Both parties agree that the Confidential Information will be
used solely and exclusively for the purpose of furthering discussions for the Transaction and will not be used for any
other purpose.
4. Confidentiality about Discussions. Neither party will, without the other party’s written
consent, directly or indirectly disclose to any person who is not authorized to receive the Confidential Information
either the fact that discussions are taking place concerning such a possible Transaction between the parties or any of
the terms, conditions, or other facts with respect to any such possible Transaction, including the status thereof,
except as may be required to comply with applicable laws or regulations. The term "person" as used in this
Agreement shall be broadly interpreted to include, without limitation, any individual or entity, including without
limitation, a government agency or other government entity, and the public.
5. Requests for Disclosure. If the Receiving Party is requested or required by law or legal
process to disclose any Confidential Information belonging to the Disclosing Party, including without limitation by
requests for disclosure, oral or written questions, interrogatories, requests for information or production of documents,
subpoena, civil investigative demand or similar process, the Receiving Party will provide the Disclosing Party with
immediate notice of such request so that it may consider seeking a protective order. If in the absence of a protective
order or the receipt of a waiver hereunder, the Receiving Party is nonetheless compelled to disclose any Confidential
Information belonging to the Disclosing Party to any tribunal or any other third party, the Receiving Party may
disclose such information (but only the amount so required to be disclosed) to such tribunal or any other third party
without liability hereunder. The Receiving Party agrees to cooperate with the Disclosing Party in preventing disclosure
of the Confidential Information or seeking confidential treatment of Confidential Information required to be disclosed.
6. Return of Material. At any time upon written demand of the Disclosing Party, the Receiving
Party will return the Confidential Information within three (3) business days of receipt of such demand, without
retaining any copy or extract of it in any form, provided that Confidential Information consisting of notes, analyses,
summaries or other materials prepared by the Receiving Party may be destroyed (unless such destruction is
unlawful) and any such destruction shall be certified in writing to the Disclosing Party. Notwithstanding such return,
the Receiving Party will hold in confidence all Confidential Information until it qualifies under one of the exceptions at
Sections 2 (a), (b), (c) or (d) above.
7. Representation. The Disclosing Party represents that it is entitled to disclose the Confidential
Information disclosed pursuant hereto. Each party represents that this Agreement has been duly executed and
delivered by it. Both parties agree that neither the Disclosing Party nor any of its representatives make any other
representation or warranty, including any representation or warranty as to the accuracy or completeness of the
Confidential Information, except to the extent as may be expressly set forth in any definitive written agreement the
parties to this Agreement may execute in the future. Both parties further agree that neither the Disclosing Party nor
its directors, officers, employees, agents or advisors shall have any liability to the other party resulting from the
delivery or use of the Confidential Information except to the extent expressly set forth in any such definitive
agreement.
8. Injunctive Relief. It is agreed that in the event of any breach by the Receiving Party of this
Agreement the Disclosing Party would be irreparably and immediately harmed, and money damages would not be
sufficient remedy. Accordingly, it is agreed that the Disclosing Party shall be entitled to injunctive relief, specific
performance and/or any other appropriate equitable remedy for any such breach or threatened breach. Such
remedies shall not be deemed to be the exclusive remedy for the Receiving Party’s breach of this Agreement, but
shall be in addition to all other remedies available to the Disclosing Party at law or in equity.
9. No Offer or Agreement. Both parties agree that, unless and until a definitive agreement
between the parties with respect to the proposed Transaction has been executed and delivered, neither this
Agreement nor any conduct by either party or its directors, officers, employees, agents or advisors shall be deemed
to constitute a binding agreement, understanding or offer with respect to the proposed Transaction except, in the
case of this Agreement, for the matters specifically agreed to herein.
___________________________________________________________________________
PAGE 2 OF 4
10. No Conveyance or License. The Receiving Party agrees that all ownership and intellectual
property rights to the Confidential Information continue to be held by the Disclosing Party. The Receiving Party
agrees that no rights or obligations with respect to the Confidential Information other than those expressly recited
herein are to be implied from this Agreement. No license is hereby granted, directly or indirectly, under any patent,
trade secret, copyright, mask work right or other intellectual property right now held by, or which may be obtained by,
or which are or may be licensable by the Disclosing Party.
11. Termination of Agreement. This Agreement shall terminate two (2) years from the date
hereof, unless both parties shall have agreed in writing to an extension hereof. Notwithstanding any termination as
described above, all of both parties’ obligations and all of their respective rights under this Agreement shall remain in
full force and effect.
12. No Solicitation of Employees. Each party agrees that, for a period of two (2) years from the
date hereof, neither it nor any of its affiliates will solicit to employ any of the officers or employees of the other party
with whom they have had contact or who are specifically identified to them in the course of exploring the desirability
of the Transaction, without the prior written consent of the other party. The foregoing will not apply to any officer or
employee of a party upon the expiration of 30 days from the termination of his or her employment with that party.
13. Miscellaneous. No failure or delay by either party or any of its representatives in exercising
any right, power or privilege shall operate as a waiver thereof nor shall any single or partial exercise preclude any
other or further exercise of any right, power or privilege. This Agreement shall be binding upon and inure to the
benefit of both parties and their directors, officers, employees, agents, successors and assigns.
This Agreement may only be amended by a writing signed by the parties hereto. The captions included
herein are for convenience of reference only and shall not be construed to be part of this Agreement. This
Agreement contains the full agreement of the parties with respect to the matters addressed herein. It supersedes all
prior written or oral agreements of the parties. The parties shall each pay their own costs and expenses incident to
discussions and delivery of Confidential Information pursuant to this Agreement and future negotiations, if any,
regarding the subject matter hereof.
Any notice or communication required or permitted under this Agreement shall be in writing and either
delivered either in person, by overnight courier or by facsimile transmission in accordance with the information set
forth below with respect to each party:
11900 Musket Rim st Austin TX 78738

If to : ______________________________________________________________ (address here)
If to BlueAvocado:
P.O. Box 1692
Austin, TX. 78767
14. Attorneys’ Fees and Court Costs. In the event of any action or proceeding to interpret or
enforce this Agreement, in whole or in part, the prevailing party shall be entitled to recover from the losing party its
reasonable attorneys’ fees, disbursements and court costs.
15. Law to Govern; Choice of Forum. This agreement shall be governed by and construed in
accordance with the internal laws of the state of Texas, without regard to conflicts of laws principles. Any action or
proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement may be brought
against either of the parties in the courts of the State of Texas, County of Travis, or, if it has or can acquire
jurisdiction, in the United States District Court for the Western District of Texas, Austin Division, and each of the
parties consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or
proceeding and waives any objection to jurisdiction or venue laid therein. Process in any action or proceeding
referred to in the preceding sentence may be served on any party anywhere in the world.
*********************************
___________________________________________________________________________
PAGE 3 OF 4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above
written.
__________________
By: ______________________________
Rebecca Finell
Name: _____________________
CEO, Finell Co.
Title: ______________________
By:
Name: Amy George
Title: Founder & Board Member, BlueAvocado
___________________________________________________________________________
PAGE 4 OF 4
Exhibit G
Exhibit H
March 26, 2018
Via email and FedEx #7718 3287 8980
Rebecca Finell
11900 Musket Rim Street
Austin, TX 78738
info@ziptop.co
Re: Claims and Demand for Damages Arising from Patent/Trademark Infringement, Trade Dress
Violation, Violation of NDA
Dear Ms. Finell:
Please be advised that this law firm represents BlueAvocado Co. (“BlueAvocado”) with respect
to certain claims against you for your unauthorized and unlawful appropriation of BlueAvocado’s
patented and protected method for the construction and design of its “(re)zip” brand of reusable
storage bags, infringement of its federally registered trademark “(RE)ZIP,” infringement of its protected
trade dress, and violation of a non-disclosure agreement. Specifically, your development, manufacture,
marketing and sale of your “Zip Top” reusable bags violate BlueAvocado’s patent, trademark and trade
dress rights and points to a violation of confidentiality.
You signed a Non-Disclosure Agreement (“NDA”) dated October 14, 2016, with BlueAvocado
(enclosed), in which you were provided confidential information of the company in furtherance of
potential business arrangement. Specifically, you will recall that around November 2016, you and board
member Amy George worked on a partnership proposal in the belief that there might be a beneficial
relationship to be had between you and BlueAvocado. You were invited to and attended a BlueAvocado
shareholder meeting on or around December 18, 2016, during which meeting you were provided,
pursuant to the NDA and with an understanding that such information was being shared solely in
furtherance of this potential business relationship, confidential business, marketing and product
information proprietary to BlueAvocado. During the course of this shareholder meeting and other
exploratory discussions that followed, both parties realized that the fit was not good and mutually
agreed to part ways.
We recently discovered that, since that time, you have proceeded to develop a competing
reusable storage bag branded as Zip Top which is very similar to BlueAvocado’s (RE)ZIP bag, even down
to the color scheme aesthetic and brand name. See the enclosed images of your products which you
recently displayed at a tradeshow.
BlueAvocado believes that your Zip Top products are the result of a blatant breach of trust,
violation of the NDA, and misappropriation of its proprietary information, which was originally
provided to you confidentially for purposes of discussing a potential business relationship, but which
you have seemingly used to secure an impermissible competitive advantage. BlueAvocado further
asserts that your Zip Top products infringe Blue Avocado’s patent, trademark and trade dress rights.
With your Zip Top product line, you are engaging in unfair business practices to the detriment of
BlueAvocado.
Each of these wrongdoings have independently resulted in significant damage to

BlueAvocado. Specifically, you have interfered with BlueAvocado’s market for its novel products,
creating confusion in the public as to the source of the RE(ZIP) products and as to the true creators of
its unique function and design, enhanced your own reputation on the back of BlueAvocado’s reputation
and goodwill, caused loss of profits by selling an infringing product, and diluted BlueAvocado’s brand
in the marketplace. Accordingly, BlueAvocado hereby demands that, until the parties have had an
opportunity to fully assess the extent and scope of these violations: 1) you immediately cease and
desist your development, manufacture, marketing and sale of your Zip Top brand of resealable and
reusable bags, or otherwise enter into a licensing agreement with BlueAvocado to use its proprietary
design and processes; 2) refrain from developing any other products that infringe upon BlueAvocado’s
patents, trademarks, and trade dress, or otherwise make use of BlueAvocado’s confidential
information; and 3) provide to the undersigned by April 2, 2018, certain business records to allow it to
evaluate the extent of the infringing activity and calculate a fair and reasonable settlement amount, to
include:
• The total number of all Zip Top products made, used, offered for sale, and sold to date;
• The names, addresses, telephone numbers, and e-mail addresses of all of your authorized
representatives and agents and supply chain partners that make, use, market, advertise, offer
for sale, and sell the Zip Top product; and
• The total gross revenues and profits derived by you and your authorized representatives and
agents from all sales related to the Zip Top to date.
PAGE 2 OF 3
The purpose of this letter is to encourage you to resolve my client’s claim in a fair and
equitable manner without the need for continued legal action. To avoid the time and expense that
litigation would necessarily involve, it would be better for you to resolve this matter as quickly as
possible. If this matter is not resolved in a timely fashion, my client may commence litigation to recover
its economic damages and seek injunctions to prevent any further damaging activity.
Please indicate your acceptance of this proposal by contacting the undersigned by April 2,
2018. Thank you, and we look forward to hearing from you.
Respectfully,
Stephen A. Aguilar
Attorney-at-Law
Enclosures
PAGE 3 OF 3
Exhibit I
To: Finell, Rebecca (trademark@sgbfirm.com)

Subject: U.S. TRADEMARK APPLICATION NO. 87451236 - ZIP TOP - 20913.104038
Sent: 8/18/2017 4:59:49 PM
Sent As: ECOM106@USPTO.GOV
Attachments: Attachment - 1
Attachment - 2
Attachment - 3
Attachment - 4
Attachment - 5
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION
SERIAL NO. 87451236
MARK: ZIP TOP

*87451236*
CORRESPONDENT
ADDRESS: CLICK HERE TO RESPOND TO THIS
R. WILLIAM LETTER:
BEARD, JR. http://www.uspto.gov/trademarks/teas/response_forms.jsp
SLAYDEN
GRUBERT BEARD VIEW YOUR APPLICATION FILE
PLLC
401 CONGRESS
AVE., STE 1900
AUSTIN, TX 78701
APPLICANT: Finell,
Rebecca
CORRESPONDENT’S
REFERENCE/DOCKET
NO:
20913.104038
CORRESPONDENT
E-MAIL ADDRESS:
trademark@sgbfirm.com
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE
TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 8/18/2017
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to
the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES:
Section 2(e)(1) Refusal – Merely Descriptive

Identification & Classification of Goods

Multiple-Class Application Requirements
Information About Goods Required
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes the function of applicant’s goods. Trademark Act Section 2(e)(1), 15
U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods.
TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl &
Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420,
1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents , 252 U.S. 538, 543 (1920)).
Determining the descriptiveness of a mark is done in relation to an applicant’s goods, the context in which the mark is being used, and the
possible significance the mark would have to the average purchaser because of the manner of its use or intended use. See In re The Chamber of
Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citing In re Bayer Aktiengesellschaft, 488 F.3d 960,
963-64, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP §1209.01(b). Descriptiveness of a mark is not considered in the abstract. In re Bayer
Aktiengesellschaft, 488 F.3d at 963-64, 82 USPQ2d at 1831.
Applicant has applied to register the mark ZIP TOP (in standard characters) for “Silicone reusable sealable cups, bowls, bags and containers” in
International Class 21.
The attached Internet dictionary evidence from Merriam-Webster shows that to “zip” something means “to close or open with or as if with a
zipper.” The same source defines “top” as “the highest point, level, or part of something.” Therefore, these terms merely describe the function
of applicant’s goods, in that the reusable functionality of the cups, bowls, bags, and containers is done by closing the highest part of these items
by using a type of zipper.
Furthermore, the attached Internet evidence consists of a small selection of website screenshots from various retailers that all use “zip top” to
describe types of bags. This evidence, coupled with the photographs on those same websites, confirms that these terms merely describe the
functionality of these like items.
A mark does not need to be merely descriptive of all the goods specified in an application. In re The Chamber of Commerce of the U.S., 675
F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); In re Franklin Cnty. Historical Soc'y, 104 USPQ2d 1085, 1089 (TTAB 2012). “A
descriptiveness refusal is proper ‘if the mark is descriptive of any of the [goods or] services for which registration is sought.’” In re The
Chamber of Commerce of the U.S., 675 F.3d at 1300, 102 USPQ2d at 1219 (quoting In re Stereotaxis Inc., 429 F.3d 1039, 1040, 77 USPQ2d
1087, 1089 (Fed. Cir. 2005)). Because these words describe the bags, that itself is enough to justify a refusal under this section.
In sum, applicant’s mark is merely descriptive because it describes a function of applicant’s goods and consumers are likely to perceive the
proposed mark as describing a function of the goods rather than the source of the goods.
Accordingly, registration is refused pursuant to Section 2(e)(1) of the Trademark Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
of registration.
If applicant responds to the refusal, applicant must also respond to the requirements set forth below.
IDENTIFICATION & CLASSIFICATION OF GOODS
The wording “cups, bowls, bags, and containers” in the identification of goods must be clarified because it is indefinite and requires additional
wording to specify the use or purpose of these items. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01.
In addition, applicant has classified “bags” in International Class 21; however, the proper classification is International Class 16. Therefore,
applicant may respond by (1) adding International Class 16 to the application and reclassifying these goods in the proper international class, (2)
deleting “bags” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the
proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the
application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows the changes
being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or
services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant
should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
International Class 16: SILICONE REUSABLE SEALABLE FOOD STORAGE BAGS FOR HOUSEHOLD USE
International Class 21: Silicone reusable sealable cups, bowls, bags and containers FOR HOUSEHOLD USE
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably
amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or
deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or
encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer
limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP
§§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted
to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable
Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application possibly identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for
each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest
numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule at
http://www.uspto.gov/trademarks/tm_fee_info.jsp). The application identifies goods that are classified in at least 2 classes; however,
applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the
submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark
Electronic Application System (TEAS) form, please go to http://www.uspto.gov/trademarks/law/multiclass.jsp.
INFORMATION ABOUT GOODS REQUIRED
To permit proper examination of the application, applicant must submit additional product information about applicant’s goods. See 37 C.F.R.
§2.61(b); In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); TMEP
§814. The requested product information should include fact sheets, instruction manuals, and/or advertisements. If these materials are
unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ. If the goods
feature new technology and no competing goods are available, applicant must provide a detailed description of the goods.
Specifically, applicant must answer the following questions regarding the goods:
1. Do the cups, bowls, bags, or containers identified in the application use any kind of zipper technology or features in the process of
being sealable?
2. Are the openings on the cups, bowls, bags, or containers located on the top of these goods?
3. How are the cups, bowls, bags, or containers able to seal?
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels
of trade. Conclusory statements regarding the goods will not satisfy this requirement.
Failure to comply with a request for information is grounds for refusing registration. In re AOP LLC, 107 USPQ2d at 1651 (citing In re
Cheezwhse.com, Inc., 85 USPQ2d at 1919; In re DTI P’ship LLP , 67 USPQ2d 1699, 1701-02 (TTAB 2003); TMEP §814). Merely stating that
information about the goods is available on applicant’s website is an insufficient response and will not make the relevant information of record.
See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
RESPONSE GUIDELINES
For this application to proceed further, applicant must explicitly address each refusal and requirement raised in this Office action. If the action
includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register.
Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options carefully. To
respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online,
see “ Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the
application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP
§§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R.
§§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application,
which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. The petition must be filed within
two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System
(TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-
mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to
this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal and requirements in this Office
action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application
online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b),
2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
$125 per class of goods. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or
TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this
additional fee.
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@USPTO.gov
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the
issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.
For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an
applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the
response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official
notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
http://tsdr.uspto.gov/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking
status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

To: Finell, Rebecca (trademark@sgbfirm.com)

Subject: U.S. TRADEMARK APPLICATION NO. 87451236 - ZIP TOP - 20913.104038
Sent: 8/18/2017 4:59:50 PM
Sent As: ECOM106@USPTO.GOV
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 8/18/2017 FOR U.S. APPLICATION SERIAL NO. 87451236
Please follow the instructions below:
(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
“Documents.”
The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
hours of this e-mail notification.
(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
response time period. Your response deadline will be calculated from 8/18/2017 (or sooner if specified in the Office action). A response
transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
response period. For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
responses to Office actions. Instead, the USPTO recommends that you respond online using the TEAS response form located at
http://www.uspto.gov/trademarks/teas/response_forms.jsp.
(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney. For
technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
TSDR@uspto.gov.
WARNING
Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application. For
more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private companies not associated with the USPTO are
using information provided in trademark applications to mail or e-mail trademark-related solicitations. These companies often use names that
closely resemble the USPTO and their solicitations may look like an official government document. Many solicitations require that you pay
“fees.”
Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
from the USPTO rather than a private company solicitation. All official USPTO correspondence will be mailed only from the “United States
Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.” For more information on how to handle
private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.

Zip Top v. BlueAvocado - Complaint

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Zip Top v. BlueAvocado - Complaint

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Case 1:18-cv-00276 Document 1 Filed 04/02/18 Page 1 of 30

IN THE UNITED STATES DISTRICT COURT

ZIP TOP, LLC, AND §

NATURE OF THE ACTION AND BACKGROUND

1. This action arises out of an attempted business partnership, wherein BlueAvocado

concepts disclosed in BlueAvocado’s patent publications, as well as other products. After

ways without entering into a partnership agreement.

movies for its award-winning luxury home goods and handbags.

violated a non-disclosure agreement and misappropriated proprietary information.

place of business in Austin, Texas.

of business in Austin, Texas.

4. Defendant BlueAvocado Co. is a Texas Corporation with a mailing address of P.O.

heat staked/sealed at the joints.

JURISDICTION AND VENUE

arising under federal law, namely 18 U.S.C. § 1836 et seq.

violated any obligation of confidentiality or misappropriated trade secrets. To the extent

conducts business in this judicial district.

28 U.S.C. § 1400(b) because BlueAvocado resides in Austin, Texas.

Rebecca Finell’s Prior Experience

out of the way to dry.

13. Detailed information about these BOON™ products is available at

product redesigns, packaging, photography, marketing, copy, new line

extensions. Rebecca Finell personally showed/sold each product line to big

mass market buyers in the U.S. market.

include vessels and placemats/runners of different silicone shapes and colors.

18. Detailed information about FINELL® products is available at www.finell.co.

more applications are pending.

BlueAvocado Products, Patents and Trademarks

Detailed information about (re)zip® products is available at www.rezip.com.

’475 Application) published as US2015/0202832, which is attached as Exhibit B.

of the allowed claims is attached as Exhibit C.

D753,444. A copy is attached as Exhibit D.

BlueAvocado’s Attempt to Partner with Finell Co.

26. On October 14, 2016, Amy George, a member of BlueAvocado’s Board of

would help BlueAvocado design/invent “rezip 2.0” in exchange for royalty/equity.

and correct copy of the NDA is attached as Exhibit F.

a PowerPoint presentation being prepared for an upcoming BlueAvocado shareholder meeting,

FINELL® luxury brand as having “Proven Success – Silicone & Consumer”.

can get something signed before the meeting tomorrow?”

32. On or about December 18 or 20, 2016, Rebecca Finell attended a BlueAvocado

our consulting product development partnership.”

great pause.” She closed, “I sincerely wish you the best.”

Finell’s Launch of Zip Top

to develop her ideas for a silicone container.

to spin the Zip Top™ products out of Finell Co.

its Zip Top™ silicone containers.

Detailed information about Zip Top™ products is available at

www.ziptop.co. Zip Top™ containers are in the final testing and

quality assurance phase. Zip Top LLC expects to begin manufacturing

BlueAvocado’s Demand for Damages

violation of a non-disclosure agreement,” and (5) “misappropriation of its proprietary

information.” A copy of the demand letter is attached as Exhibit G.

COUNT I – DECLARATORY JUDGMENT OF NO PATENT INFRINGEMENT

47. Plaintiff realleges and incorporates by reference the allegations contained in

Paragraphs 1 through 46 of this Original Complaint, as set forth above.

No Infringement of U.S. Design Patent No. D753,444

1294, 1303 (Fed. Cir. 2010) (internal citations omitted).

almost two-dimensional plastic bag.

(re)zip® lay-flat bag Zip Top™ container

55. Plaintiffs respectfully request a declaration of non-infringement of the ’444 Design

Patent under the Declaratory Judgment Act, 28 U.S.C. § 2201.

No Infringement of the allowed claims of the ’475 Utility Patent Application

patent once it issues.

edges. This double-seam arrangement is illustrated in annotated Figure 1.