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 .
Examiner Note
In view of the Appeal Brief filed on 05 May 2025, PROSECUTION IS HEREBY REOPENED. New ground of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
{ 4 }
Response to Amendment
This is a Non-Final Detailed Action in response to the Appeal Brief on 05 May 2025. The present application claims 1-3, 5, 7, 11-13, 15, 17-21 and 27-32, submitted on 05 May 2025 are pending. Applicants’ cancelation of claims 4, 6, 8-10, 14, 16 and 22-26, indicated on 05 May 2025 has been acknowledged.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5, 7, 11-13, 15, 17-21 & 27-32 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 between two adjacent slits (14; 16), where the two adjacent slits (14; 16) are in a same row or adjacent rows (interpreted to be the plurality of 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).
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 between two adjacent slits (11; 21), where the two adjacent slits (11; 21) are in a same row or adjacent rows (interpreted to be 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, see page 6, line 01-08, filed 05 May 2025, with respect to the rejection(s) of claim(s) 1-3,5,7,11-13,15,17-21 & 27-32 under 35 U.S.C. 102(a)(1) as being anticipated by Goodrich (U.S. Patent No. 5,667,871) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of by Goodrich (U.S. Patent No. 5,667,871) and Gold (U.S. Pub. No. 2019/0187345).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XAVIER A MADISON whose telephone number is (571)272-7786. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m..
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/XAVIER A MADISON/Examiner, Art Unit 3731
/THANH K TRUONG/Supervisory Patent Examiner, Art Unit 3731
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