DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the latest amended claim on 11/24/2025 referring to “slits formed within one of the one or more beam regions” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 7, 11-13, 15, 17-21, and 27-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The latest filed amendment on 11/24/2025 referring to “slits formed within one of the one or more beam regions” not fully supported by the filed specification. The filed specification is not disclosing nor providing any explanation of the slits to be formed “within” one of the beam regions.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 7, 11-13, 15, 17-21, and 27-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The latest filed amendments on 11/24/2025 referring to “slits formed within one of the one or more beam regions” is vague and indefinite as it is not clear how the slits will be formed “within” the beam regions!
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 11-13, 15, 17-21, and 27-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goodrich (U.S. Patent No. 5,667,871).
Regarding claim 1, Goodrich discloses an expanding material (10) having a tension axis (B; C), comprising: a sheet of material (12) having one or more multibeam slits (14; 16; as seen in Figure 3), one or more beam regions (20; 21), and a slit pattern (as seen in Figure 1) comprising a plurality of slits (14; 16), wherein
each multibeam slits (14; 16) comprises one or more slits (14; 16 as seen in Figures 1 and 6) formed “within one of the one or more beam regions” (via adjacent slits 14; 16; with plurality of other slits illustrated in the adjacent row),
the one or more beam regions (as seen in Figure 1) are each a direct path between closes terminal ends of two adjacent slits (14; 16) in the same row
or adjacent rows and
the sheet of material (12) defines a plane in a pre-tensioned form (as seen in Figure 1) and is three-dimensional when tension is applied to the tension axis (as seen in Figure 3; see Column 8, line 39-46).
Regarding claim 2, Goodrich discloses (see Figure 3) wherein at least portions of the material (10) rotate 45 degrees or greater from the plane when tension is applied along the tension axis (see Column 3, line 46-56).
Regarding claim 3, Goodrich discloses (see Figure 1) wherein the slits (14; 16) define at least one of a single slit pattern, multi-slit pattern, and compound slits (as seen in Figure 1).
Regarding claim 5, Goodrich discloses (see Figure 1) wherein the plurality of slits (14; 16) defines a pattern that extends through one or more of the edges (18; 25) of the material (as seen in Figure 1).
Regarding claim 7, Goodrich discloses (see Figure 1) wherein the material is paper (see Column 2, line 19-22) having a thickness of about 0.003 inch (0.076 mm) to about 0.010 inch (0.25 mm) (see Column 2, line 29-34).
Regarding claim 11, Goodrich discloses (see Figure 1) wherein the plurality of slits (20; 21) are arranged in rows and the slits (14; 16) in a first row of slits (14; 16) are offset from an adjacent row of slits (14; 16) by 75% or less of the transverse length of a slit (14; 16) in the first row of slits (as seen in Figure 1).
Regarding claim 12, Goodrich discloses (see Figure 1) wherein the plurality of slits (14; 16) are arranged in rows and each of the slits (14; 16) have a slit shape and slit orientation and wherein the slit shape or orientation varies within a row of slits (as seen in Figure 1).
Regarding claim 13, Goodrich discloses (see Figure 1) wherein the plurality of slits (14; 16) are arranged in rows and each of the slits have (14; 16) a slit shape and slit orientation and wherein the slit shape or orientation varies in adjacent rows (as seen in Figure 1).
Regarding claim 15, Goodrich discloses (see Figure 1) wherein the each slit in the plurality of slits has a slit length that is about 0.25 inch (6.35 mm) about 3 inches (76.2 mm) (see Column 10, line 25-31).
Regarding claim 17, Goodrich discloses (see Figure 12) a die (110) capable of forming the plurality of slits (see Column 12, line 44-50).
Regarding claim 18, Goodrich discloses (see Figure 1) a packaging material comprising the expanding material (see Column 2, line 12-18).
Regarding claim 19, Goodrich discloses (see Figure 12) wherein the expanding material (10) is in a roll configuration (see Column 7, line 05-10).
Regarding claim 20, Goodrich discloses (see Figure 2) wherein the expanding material is one or more individual sheets (see Column 7, line 05-10).
Regarding claim 21, Goodrich discloses (see Figure 4) an envelope (28) having the expanding material (10) disposed in the envelope (see Column 9, line 11- 16).
Regarding claim 27, Goodrich discloses (see Figure 1) wherein the slits (14; 16) define one or more multibeam slits (14; 16) in addition to a multi-slit pattern (as seen in Figure 1), and wherein the multibeam slits (14; 16) are simple slits (14) formed between adjacent slits (16) in the multi-slit pattern and the adjacent slits (16) are in adjacent rows (interpreted to be the plurality of slits illustrated in the adjacent row).
Regarding claim 28, Goodrich discloses (see Figure 1) wherein the multibeam slits (14; 16) cross through the direct path between closest terminal ends of the adjacent slits (16) in adjacent rows of the multi-slit pattern (as seen in Figure 1 and Figure 6).
Regarding claim 29, Goodrich discloses (see Figure 1) wherein the slits (14; 16) define one or more multibeam slits (14; 16) in addition to a single-slit pattern made of simple slits (14; as seen in Figure 1), and wherein the multibeam slits (14; 16) are simple slits (14) formed between adjacent slits (16) in the single-slit pattern and the adjacent slits (16) are in adjacent rows (as seen in Figure 1 and Figure 6).
Regarding claim 30, Goodrich discloses (see Figure 1) wherein the multibeam slits (14; 16) cross through the direct path between closest terminal ends of the adjacent slits (16) in adjacent rows of the single-slit pattern (as seen in Figure 1).
Regarding claim 31, Goodrich discloses (see Figure 1) wherein the slits (14; 16) define one or more multibeam slits (14; 16) in addition to a single-slit pattern made with compound slits (14; 16, as seen in Figure 1 and Figure 6), and wherein the multibeam slits (14; 16) are simple slits (14) formed between adjacent slits (14; 16) in the multi-slit pattern and the adjacent slits (16) are in the same row (as seen in Figure 1 and Figure 3).
Regarding claim 32, Goodrich discloses (see Figure 1) wherein the multibeam slits (14; 16) have terminal ends outside of a region that lies between adjacent slits (as seen in Figure 1 and Figure 3).
Alternatively; Claims 1-3, 5, 11-13, 15, 17, 18, 20 & 27-32 are rejected under 35 U.S.C.
102(a)(1) as being anticipated by Gold (U.S. Pub. No. 2019/0187345).
Regarding claim 1, Gold discloses an expanding material (10) having a tension axis (see Paragraph 0008, line 06-13), comprising: a sheet of material (10) having one or more multibeam slits (11; 21; as seen in Figure 1A-16A), one or more beam regions (16; 18), and a slit pattern (as seen in Figure 1A-16A) comprising a plurality of slits (11; 21), wherein
each multibeam slits (11; 21) comprises one or more slits (11; 21 as seen in Figures 1A-16A) formed within one of the one or more beam regions (via 11; 21; the plurality of slits illustrated in the adjacent row),
the one or more beam regions (16; 18) are each a direct path between closes terminal ends of two adjacent slits (11; 21) in the same row or adjacent rows and
the sheet of material (10) defines a plane in a pre- tensioned form (as seen in Figure 1A-16A) and is three-dimensional when tension is applied to the tension axis (as seen 1B-16B; see Paragraph 0008, line 06-13).
Regarding claim 2, Gold discloses (see Figure 1A-16A) wherein at least portions of the material (10) rotate 45 degrees or greater from the plane when tension is applied along the tension axis (see Paragraph 0050).
Regarding claim 3, Gold discloses (see Figure 1A-16A) wherein the slits (11; 21) define at least one of a single slit pattern, multi-slit pattern, and compound slits (as seen in Figure 1A-16A).
Regarding claim 5, Gold discloses (see Figure 1A-16A) wherein the plurality of slits (11; 21) defines a pattern that extends through one or more of the edges of the material (see Figure 1A-16A).
Regarding claim 11, Gold discloses (see Figure 1A-16A) wherein the plurality of slits (11; 21) are arranged in rows and the slits (11; 21) in a first row of slits (11; 21) are offset from an adjacent row of slits (11; 21) by 75% or less of the transverse length of a slit (11; 21) in the first row of slits (see Figure 1A-16A).
Regarding claim 12, Gold discloses (see Figure 1A-16A) wherein the plurality of slits (11; 21) are arranged in rows and each of the slits (11; 21) have a slit shape and slit orientation and wherein the slit shape or orientation varies within a row of slits (see Figure 1A-16A).
Regarding claim 13, Gold discloses (as seen in Figure 1A-16A) wherein the plurality of slits (11; 21) are arranged in rows and each of the slits have (11; 21) a slit shape and slit orientation and wherein the slit shape or orientation varies in adjacent rows (see Figure 1A-16A).
Regarding claim 15, Gold discloses (as seen in Figure 1A-16A) wherein the each slit in the plurality of slits has a slit length that is about 0.25 inch (6.35 mm) about 3 inches (76.2 mm) (as seen on Table 2 on pg. 9).
Regarding claim 17, Gold discloses (as seen in Figure 1A-16A) a die capable of forming the plurality of slits (see Paragraph 0056).
Regarding claim 18, Gold discloses (as seen in Figure 1A-16A) a packaging material comprising the expanding material (see Paragraph 0008, line 06-13).
Regarding claim 20, Gold discloses (as seen in Figure 1A-16A) wherein the expanding material is one or more individual sheets (see Paragraph 0118).
Regarding claim 27, Gold discloses (as seen in Figure 1A-16A) wherein the slits (11; 21) define one or more multibeam slits (11; 21) in addition to a multi-slit pattern (as seen in Figure 1A-16A), and wherein the multibeam slits (11; 21) are simple slits (11) formed between adjacent slits (21) in the multi-slit pattern and the adjacent slits (16) are in adjacent rows (interpreted to be the plurality of slits illustrated in the adjacent row).
Regarding claim 28, Gold discloses (as seen in Figure 1A-16A) wherein the multibeam slits (11; 21) cross through the direct path between closest terminal ends of the adjacent slits (21) in adjacent rows of the multi-slit pattern (as seen in Figure 1A- 16A).
Regarding claim 29, Gold discloses (as seen in Figure 1A-16A) wherein the slits (11; 21) define one or more multibeam slits (11; 21) in addition to a single-slit pattern made of simple slits (11), and wherein the multibeam slits (11; 21) are simple slits (11) formed between adjacent slits (21) in the single-slit pattern and the adjacent slits (21) are in adjacent rows (as seen in Figure 1A-16A).
Regarding claim 30, Gold discloses (as seen in Figure 1A-16A) wherein the multibeam slits (11; 21) cross through the direct path between closest terminal ends of the adjacent slits (21) in adjacent rows of the single-slit pattern (as seen in Figure 16A and Figure 16B).
Regarding claim 31, Gold discloses (as seen in Figure 1A-16A) wherein the slits (11) define one or more multibeam slits (11; 21) in addition to a single-slit pattern made with compound slits (11; 21, as seen in Figure 1A-16A), and wherein the multibeam slits (11; 21) are simple slits (11) formed between adjacent slits (21) in the multi-slit pattern and the adjacent slits (21) are in the same row (as seen in Figure 1A- 16A).
Regarding claim 32, Gold discloses (as seen in Figure 1A-16A) wherein the multibeam slits (11; 21) have terminal ends outside of a region that lies between adjacent slits (as seen in Figure 16A and Figure 16B).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5, 11-13, 15, 17, 18, 20 & 27-32 have been considered but are moot because the new ground of rejection adjusted to address the newly added limitations.
As set forth above, the Office believes that the argued upon issue related to the latest added limitations of “slits formed within one of the one or more beam regions” as not being suggested by the applied arts of record, are vague and not clear in the originally filed application as of how such slits would be “within” the beam regions!
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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