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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated March 10, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 – 6, 9 – 11, 13, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Bussey, III et al. (USPN 8,052,037).
Bussey, III et al. disclose an article (Figures; Abstract) comprising: a plurality of flutes (Figure 7, #50) comprising: a valley and a ridge (Figure 7, #50): first cohesive portion having a first major surface and a second major surface (Figure 7, #51; Column 5, lines 50 – 61); a core portion having a first major surface and a second major surface (Figure 7, #50; Column 5, lines 50 – 61); the first major surface of the core portion adjacent to the second major surface of the first cohesive portion (Figure 7, # 50 and 51; Column 5, lines 50 – 61); a stiffening portion having a first major surface and a second major surface, the first major surface of the stiffening portion adjacent to the second major surface of the core portion (Figure 7, #46; Column 5, lines 50 – 61), wherein each of the plurality of flutes has discontinuous contact across the stiffening portion (Figure 7); and a second cohesive portion having a first major surface and a second major surface (Figure 7, #47; Column 5, lines 50 – 61); wherein the first major surface of the second cohesive portion is adjacent to the second major surface of the stiffening portion (Figure 7, #46 and 47; Column 5, lines 50 – 61), wherein cohesive refers to an adhesive that adheres substantially to itself but does not substantially adhere to other materials (Column 5, lines 50 – 61), an outer layer adjacent to one or both of first and second first cohesive portions (Column 6, lines 4 – 7) as in claim 1. Regarding to claim 3, an adhesive or attachment mechanism between at least a portion of the core portion and the stiffening portion (Column 5, line 50 to Column 6, line 3). For claim 4, the core portion includes at least one of paper or molded pulp, corrugated paper, corrugated material or natural fibers (Claim 1). In claim 5, the core portion is one of a monolithic structure and a multilayer construction (Column 6, lines 4 – 7). With regard to claim 6, the stiffening portion includes at least one of a natural fiber, or paper, (Claim 1; Column 5, line 50 to Column 6, line 3). Regarding claim 9, at least one of the first or second cohesive portions covers or is directly adjacent to at least 75% of the surface area of at least one of the core portion, the stiffening layer, or the structural assembly (Figure 7). For claim 10, at least one of the first or second cohesive portions is discontinuous across the surface area of at least one of the core portion, the stiffening layer, or the structural assembly (Figure 7). In claim 11, the first and second cohesive portions do not substantially adhere, attach, or bond to an item placed adjacent to the article (Column 6, lines 23 – 27). As in claim 13, a cushioning layer positioned adjacent to at least one of the core portion or the stiffening portion (Column 6, lines 4 – 7, wherein the multilayers allow for an additional layers). With respect to claim 14, a first layer of the article and a second layer of the article are directly adjacent to one another to form a packaging construction; the packaging construction including the first cohesive portion of the second layer of the article directly adjacent to and/or contacting the second cohesive portion of the first layer of the article (Figures; Abstract). Regarding claim 16, the article is a roll (Column 2, lines 4 – 6).
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 7, 8, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bussey, III et al. (USPN 8,052,037).
Bussey, III et al. disclose an article (Figures; Abstract) comprising: a plurality of flutes (Figure 7, #50) comprising: a valley and a ridge (Figure 7, #50): first cohesive portion having a first major surface and a second major surface (Figure 7, #51; Column 5, lines 50 – 61); a core portion having a first major surface and a second major surface (Figure 7, #50; Column 5, lines 50 – 61); the first major surface of the core portion adjacent to the second major surface of the first cohesive portion (Figure 7, # 50 and 51; Column 5, lines 50 – 61); a stiffening portion having a first major surface and a second major surface, the first major surface of the stiffening portion adjacent to the second major surface of the core portion (Figure 7, #46; Column 5, lines 50 – 61), wherein each of the plurality of flutes has discontinuous contact across the stiffening portion (Figure 7); and a second cohesive portion having a first major surface and a second major surface (Figure 7, #47; Column 5, lines 50 – 61); wherein the first major surface of the second cohesive portion is adjacent to the second major surface of the stiffening portion (Figure 7, #46 and 47; Column 5, lines 50 – 61), wherein cohesive refers to an adhesive that adheres substantially to itself but does not substantially adhere to other materials (Column 5, lines 50 – 61), an outer layer adjacent to one or both of first and second first cohesive portions (Column 6, lines 4 – 7). However, Bussey, III et al. fails to disclose at least one of the first and second cohesive portions includes a cohesive material that has at least one of:(a) a tack of less than 30 grams when measured according to ASTM D2979; or (b) less than 20 wt% tackifier, the first and second cohesive portions have a peel strength (when peeled from one another) of greater than 100 g/ linear inch when measured according to ASTM D1876-08, the packaging construction deflects by less than 7.62 cm when under a load of about 18.14 kg.
With regard to the limitations “at least one of the first and second cohesive portions includes a cohesive material that has at least one of:(a) a tack of less than 30 grams when measured according to ASTM D2979; or (b) less than 20 wt% tackifier, the first and second cohesive portions have a peel strength (when peeled from one another) of greater than 100 g/ linear inch when measured according to ASTM D1876-08, and the packaging construction deflects by less than 7.62 cm when under a load of about 18.14 kg”, Bussey, III et al. clearly discloses that the cohesive material may be coated in patterns (Figure 7, #51). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have to vary the cohesive placement and use a selected tack level to achieve the desired properties of the article. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 1, 3 – 6, 9 – 11, 13, 14, and 16 and under Bussey, III et al. 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 Bussey, III et al., wherein it is discloses an outer layer adjacent to one or both of first and second first cohesive portions (Column 6, lines 4 – 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/ Primary Examiner, Art Unit 1788 March 31, 2026
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