DETAILED ACTION
This is in reference to communication received 11 January 2026. Claims 12 – 17 and 19 – 21 are pending for examination. Claims 1 – 11 and claims 22 – 39 are in Withdrawn status. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 12 – 17 and 19 – 21 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Independent claim 12, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 12 recites invention directed to
a sourcing-company providing information to be printed on packaging or packing supplies, and a targeted mailing distribution list, based on promotional or sales objectives for a particular product or service, where they want the packaging or packing supplies to be mailed to, based on promotional or sales objectives for a particular product or service to packing supplier manufacturer; the supplier delivering said packaging or packing supplies to customers chosen by said sourcing-company based on said targeted mailing distribution list; identifiers and coupon(s) are provided on the packaging or packing supplies for tracking purchases of related products which are used to determine redemption of said coupons by said tracking of said purchases; and, said purchases of related products are tracked for determining redemption of said coupons.
These limitations describe marketing/sales/advertising activities. A sourcing-company receiving order for manufacture of packaging or packing supplies for a sourcing-company (e.g., a client), and fulfilling the received order by providing the packaging or packing supplies to the target mailing list. Using identifiers and coupon(s) provided on the packaging or packing supplies to track their redemption and purchases of related products for determining redemption of said coupons, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
The computer(s) used in the claimed invention are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 13 – 17 and 19 – 21, these claims recite limitations that further define the same abstract idea with details regarding placing printed coupons in said packaging or attached to said packaging; printing a game, a puzzle, or a contest relate to a product; defining that the manufacture will be shipping the manufactured packaging to the sourcing-company and sourcing-company will be distributing the manufactured-package, or manufacturer ships them to packaging customers, printed coupons or letters can be placed with the packaging, content like charitable donation promotion can be printed on the packaging, and offering packaging at a discount to customers who agree to accept the packaging with advertising. Thus, the dependent claims merely provide additional non-structural (and predominantly non-functional) details that fail to meaningfully limit the claims or the abstract idea(s).
Therefore, claims 12 – 17 and 19 – 21 are not drawn to eligible subject matter, as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12, 15 – 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail and Sprovieri et al. US Publication 2006/0265281.
Regarding claim 12, Caplinger teaches system and method for conducting a marketing/advertising campaign The present invention comprises a method for a retailer (e.g., sourcing company) to produce promotional material targeting a desired demographic group [Caplinger, 0029] using packaging or packing supplies (Caplinger, Although the preferred embodiments of the present invention are described with particularity for shopping bags, it is specifically contemplated that other kinds of packaging, such as tray-liners in fast food restaurants, wrapping paper, shipping containers, and other packaging materials, may be printed using the methods of the present invention without departing from the principles thereof [Caplinger, 0031] comprising:
providing information on said packaging or packing supplies (Caplinger, “desired form of promotional material are retail paper bags”) [Caplinger, claim 2] from a sourcing- company (e.g., a retailer) to a packaging or packing supplier manufacturer (Caplinger, The next step is for the retailer to communicate the desired graphics, images and textual information to an intermediary print file assembler) [Caplinger, 0030] via a computer (Caplinger, All of that information is gathered and assembled by the retailer and sent to the print file assembler via any of various routes including FTP (File Transfer Protocol used for transferring files between computers) secured web site, facsimile, e-mail, computer floppy disk, CD-rom, DVD, zip drive, or printed copy delivered electronically or hard copy delivered manually) [Caplinger, 0035];
printing said information from said computer onto said packaging or packing supplies (Caplinger, The print file assembler then lays out and formats the desired graphics, images and text into a digital print file, and subsequently loads the digital print file, as well as the number of copies desired, into a full color digital/ink jet print machine. Next, the digital print file is printed onto a substrate, such as paper stock, using digital/ink jet technology. The final step is then to convert the printed substrate into the form of promotional material desired by the retailer) [Caplinger, 0030];
Caplinger does not explicitly teach enabling a sourcing-company to provide targeted mailing distribution list information directly to the manufacturer of packaging supplies (e.g. providing the distribution list to the printer) via computer. However, AmazingMail teaches system and method for direct mail solutions. AmazingMail teaches system and method that allows consumers (e.g. sourcing-company) to create (provide advertising content over the network) and send the real postcards (a printing medium on which advertising content can be printed upon) to friends and family (intended recipients as defined by the advertiser). AmazingMail further teaches that businesses quickly realized that the same process could be used to greatly simplify the process of sending their direct mail campaigns [AmazingMail, page 2]. AmazingMail is considered as an analogous art because teaching of AmazingMail teachings is also directed to enabling a sourcing-company to provide their print content and the distribution-list (mailing-list) to Amazing-Mail (e.g. a supply manufacturer) over the internet.
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to modify Caplinger by adopting teachings of AmazingMail to enable the content-provider to provide their print-content and distribution-list to print the content-provider provided content on a substrate like a packagint (in lieu of a post card) and deliver to the list of entities listed in the provided distribution-list thereby adopting business model of AmazingMail for order fulfillment.
Caplinger in view of AmazingMail teaches system and method further comprising:
providing from said sourcing company to said packaging or packing supplier manufacturer a targeted mailing distribution list via a computer based on promotional or sales objectives for a particular product or service (AmazingMail, save time by uploading multiple addresses at once (targeted mailing distribution list provided by sourcing company), go to my account, click the choose file button, select the location of the file you would like to import, you will be taken to the mapping you fields page, click continue) [AmazingMail, page 7 – 9];
delivering said packaging or packing supplies to customers chosen by said sourcing company based on said targeted mailing distribution list (AmazingMail prints and mails the cards (as explained above, Caplinger using AmazingMail teachings can print packaging material like bags in lieu of the cards and mail the printed packaging material to the list of recipients as provided by the sourcing company) [AmazingMail, page 2, 7-9];
Caplinger in view of AmazingMail does not explicitly teach providing identifiers on coupons for tracking purposes of related products. However, Caplinger teaches printing of coupons on packaging [Caplinger, Fig. 7, item 150, 180 and associated disclosure]. Sprovieri teaches system and method for providing identifiers on paper coupon. Sprovieri teaches paper coupon and its corresponding numeric code [Sprovieri, 0122, Fig. 5 and associated disclosure]. Sproviery further recites Online reporting capabilities enable manufacturers and retailers to track and analyze promotion performance, redemption payments, sales dollars, unit volume, accounts receivable, accounts payable and other important data [Sproviery, abstract]. Sproviery further recites “If an available coupon or promotion matches a product scanned, the register or computer at the point of sale deducts the appropriate discount from the price of the item purchased. The coupon is simultaneously rendered unavailable for reuse from the consumers account at the remote database server and added to the retailers account history on the remote database server for redemption processing. By matching coupons to each transaction in this way, an audit trail is created which minimizes or eliminates reconciliation discrepancies between manufacturers and retailers for coupons accepted versus products sold.” [Sprovieri, 0015]. Spoviery is an analogous art because teaching of Spoviery is also used in the printing industry wherein an entity can place an order with a printer by providing their printing content like a coupon with numeric codes [see Spoviery, Fig. 5 and associated disclosure].
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to modify Caplinger in view of AmazingMail by adopting teachings of Sproviery and print identifiers on the coupons to identify manufacturer, product family and value of coupon [Sprovieri, 0122], provide online reporting capabilities enable manufacturers and retailers to track and analyze promotion performance, redemption payments, sales dollars, unit volume, accounts receivable, accounts payable and other important data.
Caplinger in view of AmazingMail and Sproviery teaches system and method further comprising:
providing identifiers on said packaging or packing supplies or coupon from said computer for tracking purchases of related products
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[Sproviery, Fig. 5 and associated disclosure]
that then determine redemption of said coupons by said tracking of said purchases (Sprovieri, The coupon is simultaneously rendered unavailable for reuse from the consumers account at the remote database server and added to the retailers account history on the remote database server for redemption processing. By matching coupons to each transaction in this way, an audit trail is created which minimizes or eliminates reconciliation discrepancies between manufacturers and retailers for coupons accepted versus products sold) [Sprovieri, 0015, 0122];
tracking via said computer said purchases of related products and determining redemption of said coupons (Sprovieri, After a coupon is accepted from the consumer through the use of the card, the redemption data is stored in the retailers account and is electronically sorted, tallied and presented to the manufacturer for payment. The present invention contemplates the use of electronic presentment, redemption and payment, thereby achieving improved efficiency through the reduction of cumbersome manual operations and other processing delays …. The present invention thus provides a simplified way for manufacturers (e.g., sourcing company) to access and analyze data to promote their brands more efficiently and effectively. Manufacturers track individual items purchased to better understand the buying behavior of its customers. The present invention tracks brand and category purchases in order to segment customers as brand loyal, brand switcher and category never-buy) [Sprovieri, 0016, 0018];
tracking sales movement of products or services promoted on said packaging or packing supplies from said computer (Sprovieri, The present invention thus provides a simplified way for manufacturers to access and analyze data to promote their brands more efficiently and effectively. Manufacturers track individual items purchased to better understand the buying behavior of its customers. The present invention tracks brand and category purchases in order to segment customers as brand loyal, brand switcher and category never-buy. Manufacturers have access to a wealth of data to determine the best way to promote their products. The interactive marketing capabilities of the present invention are more efficient, effective and less costly than the prior art) [Sprovieri, 0016, 0018, abstract].
Regarding claim 15, Caplinger in view of AmazingMail and Sproviery teaches system and method, wherein said packaging or packing supplies manufacturer ships said packaging or packing supplies directly to said sourcing company so said sourcing company can distribute directly to said packaging or packing supplies customer (Caplinger, The converter maintains authority and responsibility to convert, package and ship the final bags to the designated stores and further maintains the separation and identity of each SKU and the assigned quantity) [Caplinger, 0062, also see 0056].
Regarding claim 16, Caplinger in view of AmazingMail and Sproviery teaches system and method, wherein said packaging or packing supplies manufacturer ships said packaging or packing supplies directly to said packaging or packing supplies customer (Caplinger, The converter maintains authority and responsibility to convert, package and ship the final bags to the designated stores and further maintains the separation and identity of each SKU and the assigned quantity) [Caplinger, 0062, also see 0056].
Claims 13 and 19 is rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail, Sprovieri et al. US Publication 2006/0265281 and Phil Edwards published article “In memoriam - AOL CDs, history’s greatest junk mail”.
Regarding claim 13, Caplinger in view of AmazingMail and Sproviery does not explicitly teach placing printed coupons in packaging supplies or attached to said packaging supplies. However, Edwards teaches that AOL’s first direct marketing was $250,000 campaign that involved sending disks (e.g., CDs used as coupons) to possible customers, wherein the disks contained a free trial for AOL (usually pegged to a number of free hours online, since usage was paid for by the hour). AOL CDs came with everything from cereal boxes to frozen steaks [Edwards, page 3].
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to further modify Caplinger in view of AmazingMail and Sproviery by adopting teachings of Edwards to lower the campaign marketing costs by adding promotional material in packaging materials to double down on mailings and expand to new distribution channels.
Caplinger in view of AmazingMail, Sproviery and Edwards teaches system and method further comprising placing printed coupons in said packaging or packing supplies or attached to said packaging or packing supplies or part of said packaging or packing supplies from said sourcing company for at least one product or service advertised on said packaging or packing supplies
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[Edwards, page 2, 3].
Regarding claim 19, as responded to in claim 13, Caplinger in view of AmazingMail, Sproviery and Edwards teaches system and method, wherein marketing collateral, a letter, coupons, promotional material or any combination thereof that is stored in said computer is printed (Caplinger, The print file assembler then lays out and formats the desired graphics, images and text into a digital print file, and subsequently loads the digital print file, as well as the number of copies desired, into a full color digital/ink jet print machine. Next, the digital print file is printed onto a substrate, such as paper stock, using digital/ink jet technology. The final step is then to convert the printed substrate into the form of promotional material desired by the retailer) [Caplinger, 0030] and is placed with said packaging or packing supplies
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[Edwards, page 2].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail, Sprovieri et al. US Publication 2006/0265281 and Roger et al. US Publication 2009/0198576.
Regarding claim 14, Caplinger in view of AmazingMail and Sproviery does not explicitly teach information to comprise game. However, Roger teaches system and method for brand promotion by providing a game. Roger teaches that the game may be provided in at least one of a booklet, an insert, a packaging etc. [Roger, 0010]. Therefore, it would have been obvious to one of ordinary skill in the art to further modify Caplinger in view of AmazingMail and Sproviery by adopting teachings of Roger to expand the market place for business, increase sales and improve customer attention and/or retention.
Caplinger in view of AmazingMail, Sproviery and Roger teaches system and method, wherein said information stored in said computer that is printing said information on said packaging or packing supplies comprises a game, puzzle or contest relating to a product or service provided by said sourcing company (Roger, In another aspect of the embodiment, the game may be provided in at least one of a book, a booklet, a pamphlet, an insert for inserting in a jewel case, a calendar, a flyer, a handbills, packaging, a receipt, a bag, a newspaper, and a premium item) [Roger, 0010].
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail, Sprovieri et al. US Publication 2006/0265281 and archived web pages of Amazon.com hereinafter known as Amazon.
Regarding claim 17, even though Caplinger in view of AmazingMail and Sproviery does not explicitly recite packaging supplies manufacture (e.g. shipper of package) to confirm that said packaging was delivered. However, Amazon teaches system and method which enables a customer to check status of their order online (Amazon, where’s my stuff?) [Amazon, page 30].
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to further modify Caplinger in view of AmazingMail and Sproviery by adopting teachings of Amazon to save on operation costs by providing customers online access to check shipping status.
Caplinger in view of AmazingMail, Sproviery and Amazon teaches system and method further comprising a desired date window confirming via said computer that packaging or packing supplies is delivered (as responded to above), and is delivered withing a desired date window requested by said sourcing-company that is stored in a computer (e.g. terms of an order agreement) and confirmed to be completed within that time (Caplinger, Quantity or quantified amount represents the number of bags required in a defined period of time (e.g. desired delivery date) that has been predetermined and agreed upon and allowing for all necessary and mandatory manufacturing and distribution processes. The converter maintains authority and responsibility to convert, package and ship the final bags to the designated stores and further maintains the separation and identity of each SKU and the assigned quantity) [Caplinger, 0062, 0056].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail, Sprovieri et al. US Publication 2006/0265281 and Porter et al. published article “The Competitive Advantage of Corporate Philanthropy” hereinafter known as Porter.
Regarding claim 20, Caplinger in view of AmazingMail and Sproviery does not explicitly teach giving donation. However, Porter teaches that philanthropy is used as a form of public relations or advertising by corporations for promoting their image and brand through cause-related marketing or other high profile sponsorships [Porter, page 1].
Therefore, it would have been obvious to one of ordinary skill in the art to further modify Caplinger in view of AmazingMail and Sproviery by adopting teachings Porter to enable an entity like content-provider encourage their customers to consider charitable donations and perform philanthropy activities like making donations for promoting their image and brand through cause-related marketing or other high profile sponsorships.
Caplinger in view of AmazingMail, Sproviery and Porter teaches system and method, wherein said packaging or packing supplies manufacturer or sourcing company donates a portion of packaging or packing supplies sales to a charity (Porter, philanthropy is used as a form of public relations or advertising by corporations for promoting their image and brand through cause-related marketing or other high profile sponsorships) [Porter, page 1] and message is printed on said packaging or packing supplies giving credit to said packaging or packing supplies customer for making donation (Caplinger, The print file assembler then lays out and formats the desired graphics, images and text into a digital print file, and subsequently loads the digital print file, as well as the number of copies desired, into a full color digital/ink jet print machine. Next, the digital print file is printed onto a substrate, such as paper stock, using digital/ink jet technology. The final step is then to convert the printed substrate into the form of promotional material desired by the retailer) [Caplinger, 0030].
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Caplinger et al. US Publication 2005/0102179 in view of archived web pages of www.AmazingMail.com hereinafter known as AmazingMail, Sprovieri et al. US Publication 2006/0265281 and Kashani US Publication 2013/0168283.
Regarding claim 21, Caplinger in view of AmazingMail and Sproviery does not explicitly teach providing packaging or packing supplies at a discounted price to customers while those who accept advertising on said packaging or packing supplies. However, Kashani teaches system and method wherein merchant benefits by having packaging which it would otherwise have to purchase at its own expense, delivered to it either free-of-charge or at a substantial discount to what it would normally pay) [Kashani, 0017].
Therefore, at the time of filing, it would have been obvious to one or ordinary skill in the art to modify Caplinger in view of AmazingMail and Sproviery by adopting teachings of Kashani to reach mass audience at a lower price point (cost of the packaging or packing supplies).
Caplinger in view of AmazingMail, Sproviery and Kashani teaches system and method, wherein said packaging or packing supplies customer who does not want said packaging or packing supplies with advertising pay a higher price or different price for said packaging or packing supplies while those who accept advertising on said packaging or packing supplies pay a discounted price (Kashani, merchant (e.g., packaging supply customers) benefits by having packaging which it would otherwise have to purchase at its own expense, delivered to it either free-of-charge or at a substantial discount to what it would normally pay) [Kashani, 0017], and, the bags (21) are distributed to a consumer (23) at no cost or reduced cost and is sponsored by the advertiser (16) who want to promote their products [Kashani, 0021].
Response to Arguments
Applicant’s argument that pending amended claimed invention is eligible for patent under 35 USC 101 because the claimed invention
Conducting of a marketing/advertising campaign that uses packaging or packing supplies. Information provided on the packaging or packing supplies is inputted and stored in a computer. This information is printed on the packaging or packing supplies. The computer provides a targeted mailing distribution list based on promotional or sales objectives. The system provides identifiers on coupons as part of the packaging or packing supplies so that the computer tracks purchases of products and determines redemption. The computer then tracks the sales movement of products promoted on the packaging and packing supplies. All of these functions performed by the computer are not abstract ideas. Further none of the functions are taught in the prior art. As shown below the Examiner has had to use prior art references from multiple unrelated fields to try to reject the claims of the present invention, is acknowledged and considered.
However, upon further review, it is deemed that the amended invention is not eligible for patent under 35 USC 101, invention as currently claimed describe an abstracted idea directed to marketing/sales/advertising activities, wherein, a sourcing-company receives order for manufacture of packaging or packing supplies for a sourcing-company (e.g., a client, an advertiser), and fulfills the received order by providing the packaging or packing supplies with the information (provided by the sourcing-company) printed on the packaging or packing supplies and provides them to target recipients as indicated by the sourcing-company. Identifiers and coupon(s) provided on the packaging or packing supplies are used to track their redemption and purchases of related products and determine redemption of said coupons. Therefore, the claimed invention are eligible for patent unde 35 USC 101.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art Caplinger teaches retail shopping bag and does not teach packaging or a packing supply.
However, at the time of filing, it would have been obvious to one of ordinary skill in the art that a paper bag can also be used as a packaging material wherein bags can also be printed with advertiser supplied content. For example, restaurants using paper bags to pack food for delivery or customer-pickup.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach the amended invention because cited reference Caplinger teaches a retail shopping bag, and AmazingMail teachings only for postcards. Using their teachings for shopping bags shows no motivation and one of skill would not perform, nor has Examiner shown this.
However, applicant is separating references to make their argument. Combination of cited prior art AmazingMail and Sprovieri are analogous art because their teaching clearly teaches that a printing company can print sourcing-company content of a substrate like a card, a box, a fabric, therefore a teachings of printer who can print on a postcard can be easily adopted to print on substrate like a packaging without undue experimentation, and the cited prior art are considered to be a proper applicable prior art.
AmazingMail reference is an analogous prior art because AmazingMail (a company in the business of printing and mailing of printed product) teaches that a sourcing-company is enabled to use a computer and electronically transmit their content and mailing-list to an advertising-content-product-providing-company.
Applicant's argument that pending claimed amended invention is eligible for patent because it is not obvious that combination of cited references to add printed content like print identifiers on coupons, identify manufacturer, product family and value of coupon, is acknowledged and considered.
However, applicant is claiming text-content printed on a coupon as their claimed, and is separating the combination of cited references to make their argument.
Applicant's argument that pending claimed amended invention is eligible for patent because combination of cited prior art does not teach placing printed coupons in packaging or packing supplies, and cited reference teaches CD as coupons, not relate to packaging. Edwards analogous art cause teach printer put coupons in container or package before delivered to customer is acknowledged and considered.
However, cited prior art Edward clearly teach the limitation in dependent claims 13 and 19, see at least
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[Edwards, page 2, 3]
Applicant's argument that pending claimed amended invention is eligible for patent because it is not obvious that combination of cited references to add printed content like game, puzzle or contest relating to a product or service provided by said sourcing company.
However, applicant is claiming text-content printed on a coupon as their claimed, and is separating the combination of cited references to make their argument, and combination of cited reference positively teach that content supplied by the sourcing-company is printed to the medium.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach checking status of shipment whether it has been delivered and within timeframe.
However, at the time of filing, it would have been obvious to one of ordinary skill in the art to take the teachings of combination of cited prior art. Amazon is an analogous prior art whose teachings can be adopted by a printer-entity to adopt the teachings of Amazon to their current environment to automate the providing of order status to sourcing-company 24/7.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach need for contributions for charities and no reason why sourcing company would make charitable donation, nor any reason to provide this on packaging or packing materials.
However, applicant is arguing a printed content on a packaging, and activities of a human as their claimed invention.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach advertising subsidized supplying of packaging to customers.
However, analogous prior art Kashani clearly teaches that merchant benefits by having packaging which it would otherwise have to purchase at its own expense, delivered to it either free-of-charge or at a substantial discount to what it would normally pay) [Kashani, 0017], and, The bags (21) are distributed to a consumer (23) at no cost or reduced cost and is sponsored by the advertiser (16) who want to promote their products [Kashani, 0021].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Postal Service (USPS) published General Information “Domestic Mail Manual C010 General Mailability Standards “ teaches that paper-bags are acceptable as packaging material [see at least page 4].
DiscountMugs.com teaches that sourcing-company can place an order for packaging or packing supplies like a bag with information provided by the sourcing-company printed on the bags.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Naresh Vig whose telephone number is (571)272-6810. The examiner can normally be reached Mon-Fri 06:30a - 04:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached at 571.270.7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NARESH VIG/Primary Examiner, Art Unit 3622
March 27, 2026
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