Notice of 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 .
Election/Restrictions
Claims 18-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/05/2026.
Applicant's election with traverse of Group I in the reply filed on 6/05/2026 is acknowledged. The traversal is on the ground(s) that it would not have been a search burden and that claim 10 does not reference a cardboard mailer. This is not found persuasive because the reference to a cardboard mailer was an example of the type of mailer and this is further referenced in claim 11 as a type of mailer being formed, additionally since the apparatus was elected, if that apparatus is found allowable, and all the limitations of the allowed claim are incorporated into the withdrawn process claims, the non-elected invention may be rejoined
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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 10-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. Claims 11-17 are rejected as being dependent from rejected claim 10.
Claim 10 recites the limitation "the interior space" in 4. There is insufficient antecedent basis for this limitation in the claim, additionally it is unclear if “the interior space” is referring back to “an internal space”.
Claim 12 recites “ a fist panel” it appears should read “a first panel”, appropriate correction required.
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.
Claim(s) 10,12-17 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hall et al. US 2017/0297800 (hereinafter Hall).
Regarding claim 10, Hall discloses a mailer (10 or 48) comprising: a single piece of rigid tube form substrate (14) wrapped around an internal space wherein two parallel, opposed edges of the single piece are adhered to one another to form a tube around the interior space (at longitudinally extending fin seal 20; par 0037), wherein a first end of the tube is adhered to itself to enclose a first end of the interior space (at seal 22), and wherein a second end of the tube opposite the first end of the tube is adhered to itself to enclose a second end of the interior space (at seal 24; see annotated figures 5-6 below; par 0037-0038).
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Regarding claim 12, Hall discloses the mailer as recited in claim 10, wherein the two parallel, opposed edges are adhered together (at seal 20) to form a seam in a fist panel (first panel 28) of the tube along a first side of the interior space (par 0037).
Regarding claim 13, Hall discloses the mailer as recited in claim 12, wherein the tube includes two side panels each connected to the first panel along a respective fold line (side panels 30,32), each side panel extending from the first end of the tube to the second end of the tube (par 0037; figs 5-6), wherein each side panel includes an inward pleat formed by a fold line extending parallel to the seam from the first end of the tube to the second end of the tube (a pair of side panels 30 and 32. The front and rear panels 26 and 28 are sealed to each other, with the side panels 30 and 32 pleated therebetween, to form the top and bottom seals 22 and 24;par 0037).
Regarding claim 14, Hall discloses the mailer as recited in claim 13, wherein the tube defines an interior surface (inside of the package 48 as seen in figures 5-6 above) and an exterior surface (outside of package 48), wherein the interior of the surface at the first end of the tube is adhered in face to face position with itself (both seals ,22 and 24 are formed by interior surfaces of wrapper 14 adhering together as seen in annotated figures 5-6 above; par 0037-0039).
Regarding claim 15, Hall discloses the mailer as recited in claim 14, wherein the first end of the tube includes pleated portions where the interior surface is adhered in face to face position with itself on either side of a main face (main panels 28 and 26) to face portion of the first end of the tube (both seals ,22 and 24 are formed by interior surfaces of wrapper 14 adhering together as seen in annotated figures 5-6 above; par 0037-0039).
Regarding claim 16, Hall discloses the mailer as recited in claim 14, wherein the second end (24) of the tube is adhered in face to face position with itself to face portion of the first end of the tube (both seals ,22 and 24 are formed by interior surfaces of wrapper 14 adhering together in face to face position as seen in annotated figures 5-6 above; par 0037-0039).
Regarding claim 17, Hall discloses the mailer as recited in claim 16, wherein the second end of the tube includes pleated portions where the interior surface is adhered in face to face position with itself on either side of a main face to face portion of the second end of the tube (par 0037 ‘The front and rear panels 26 and 28 are sealed to each other, with the side panels 30 and 32 pleated therebetween, to form the top and bottom seals 22 and 24”.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Young USPN 3,260,172.
Regarding claim 10, Young discloses a mailer comprising: a single piece of rigid tube form substrate wrapped around an internal space (see annotated figures 1-4 below) wherein two parallel, opposed edges (19) of the single piece (fig.1) are adhered to one another to form a tube (fig.2) around the interior space, wherein a first end (46) of the tube is adhered to itself to enclose a first end of the interior space (fig.4), and wherein a second end (30) of the tube opposite the first end of the tube is adhered to itself to enclose a second end of the interior space(“A top closure 30 upwardly extends from the central panel 10 along transverse scores 21 and includes a sealing flap 32; col.2 line 50-col.3 line 60).
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Regarding claim 11, Young discloses the mailer as recited in claim 10, wherein the rigid tube form substrate includes at least one of corrugated paperboard and/or solid fiber cardboard (col.2 lines 46-50,”The blank is preferably fabricated from single- faced, corrugated paperboard”).
Regarding claim 12, Young discloses the mailer as recited in claim 10, wherein the two parallel, opposed edges (19) are adhered together to form a seam in a fist panel (interpreted as first panel) of the tube along a first side of the interior space (col.2 lines 60-65 “A paste or gum is applied to the portion 19 so that when 'the overlapped edges of the wing sections 16 and 18 are pressed together :they are adhesively secured and form a "center seam" front panel 20 which overlies the central or back panel 10”).
Regarding claim 13, Young discloses the mailer as recited in claim 12, wherein the tube includes two side panels (side panels 13,14) each connected to the first panel (10) along a respective fold line (17), each side panel extending from the first end (46) of the tube to the second end of the tube (30), wherein each side panel includes an inward pleat formed by a fold line (15) extending parallel to the seam (19) from the first end of the tube to the second end of the tube (see annotated figs 1-4 above; col. 2 lines 50-65).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner reserves the right to use any of these references in a future rejection where applicable.
Hinzman et al. USPN 5,442,897 teaches a method and apparatus for making tubular envelopes from a continuous sheet of paper material formed into tubes and sealed on both ends.
Marbler USPN 5,934,809 also teaches a method and apparatus for making tubular envelopes from a continuous sheet of material formed into tubes and sealed on both ends.
Knoerzer et al. US 2005/0115211 teaches a vertical stand up pouch with gusseted sides.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY C HIBBERT-COPELAND whose telephone number is (571)270-0601. The examiner can normally be reached M-TH 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 5712701926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY C HIBBERT-COPELAND/Examiner, Art Unit 3731
/VERONICA MARTIN/Primary Examiner, Art Unit 3731
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