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 .
Election/Restrictions
Applicant’s election without traverse of Group with figures 2-7, claims 1-4, 6-12 in the reply filed on 12/17/2025is acknowledged. Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species/invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on the above date.
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 1-5, 10-12 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.
Claim 1 recites the limitation "said first folded portion”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 is/are rejected as being dependent on the above rejected claim(s).
Claim 1 recites the limitation "said second folded portion”. There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 is/are rejected as being dependent on the above rejected claim(s).
In claim 10, Applicant proves “in any one of claims 6” of which Applicant has failed to make clear Applicant’s intent.
In claim 11, Applicant proves “in any one of claims 6” of which Applicant has failed to make clear Applicant’s intent.
In claim 12, Applicant proves “in any one of claims 6” of which Applicant has failed to make clear Applicant’s intent.
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.
Claim(s) 1-4, 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oliveira (WO 2021163779 A1) in view of Kieling (US 20210123653 A1)
The Office notes the 112 rejection above. Nevertheless, Oliveria discloses:
1. A liner (figs 1-7) comprising: a sheet of material wherein said sheet of material comprises: a base portion (bottom of device); a first portion (side portion of device on one side as in fig 1); and a second portion (another side portion of device on opposite side as in fig 1); a first sealer strip (strip on top of device as in fig 1), said first sealer strip joined to said sheet of material as to compress one end of said first portion and said second portion (as in fig 1); and a second sealer strip (strip at bottom of device), said second sealer strip joined to said sheet of material as to compress one end of said first portion and said second portion (as in fig 2); an opening between said first portion and said second portion (opening adjacent “4”); a compressible cavity, said compressible cavity having an unexpanded state and an expanded state (space within capable of performing the above intended use, such as being made from the same compressible materials such as kraft paper as in abstract).
The Office notes that Applicant’s device provides said first folded portion formed of one or more alternating folds and said second folded portion formed of one or more alternating folds, where Kieling discloses the same above fold structure (such as shown in figs 39-60 with elements 10122a, 10122b, 10126a, 10126b, 10130a of which are folds). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Oliveira in view of Kieling (by providing specific fold structure) in order to provide the enhance folding shape in order to provide more efficient compression and storage. The Office notes that Kieling also discloses said compressible cavity having an unexpanded state and an expanded state (as for example shown between figs 40, 41).
The Combined Reference discloses:
2. The liner as claimed in claim 1, where said first sealer strip and said second sealer strip are joined to said sheet of material using an adhesive (Oliveria adhesive/glue provided in paragraph 10 “with the bottom sewn (5) or glued and the upper mouth sewn or valved”).
3. The liner as claimed in claim 1, where said first sealer strip and said second sealer strip are joined to said sheet of material using a thread (Oliveria thread via sewing provided in paragraph 10 “with the bottom sewn (5) or glued and the upper mouth sewn or valved”).
4. The liner as claimed in claim 1, where said sheet of material comprises kraft paper (Oliveria abstract).
Oliveria discloses:
6. A liner (Figs 1-7) comprising: a rear panel (top end of fig 1); at least one front panel (bottom end of fig 1); a first side surface extending between the rear panel and said at least one front panel (as in fig 1); a second side surface extending between the rear panel and said at least one front panel (as in fig 1); an aperture adjacent or formed within said at least one front panel (Adjacent “4”); said rear panel, at least one front panel, said first side surface and said second side surface being join together at a first end (as in top end fig 1); and each of said rear panel, said at least one front panel, said first side surface and said second side surface being joined together at a second end (as in bottom end of fig 1).
The Office notes that Oliveria appears to disclose that that the above first and second surfaces are comprised of one panels in two-ply form. Kieling discloses a multiple panel structure with the folds therebetween (such as shown in figs 39-60 with elements 10122a, 10122b, 10126a, 10126b, 10130a of which are folds). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Oliveira in view of Kieling (by providing specific fold/panel structure) in order to provide the enhance folding shape in order to provide more efficient compression and storage. The Office notes that Kieling also discloses said compressible cavity having an unexpanded state and an expanded state (as for example shown between figs 40, 41).
The Combined Reference discloses:
7. The liner as claimed in claim 6, comprising first seam connecting together said rear panel, said at least one front panels, said first and second side panels at said first end; and a second seam connecting said rear panel, said at least one front panel; said first and second side panels at said second end (Kieling discloses that connections are formed of seams/stitches paragraph 104, 107, 109, 115, 129, 147-149).
8. The liner as claimed in claim 7, wherein each said seam comprises a sewn seam (Kieling discloses that connections are formed of seams/stitches paragraph 104, 107, 109, 115, 129, 147-149; Oliveria also discloses “with the bottom sewn (5) or glued and the upper mouth sewn or valved”).
9. The liner as claimed in claim 7, wherein each said seam is formed an adhesive to said rear panel, said at least one front panel, and first and second side panels (Kieling discloses that connections are formed of seams/stitches paragraph 104, 107, 109, 115, 129, 147-149; Oliveria also discloses “with the bottom sewn (5) or glued and the upper mouth sewn or valved”).
10. The liner as claimed in any one of claims 6 wherein said first seam closes off said rear panel, said at least one front panel, said first side panel and said second side panel at said first end (as in Kieling figs 39-60).
11. The liner as claimed in any one of claims 6 wherein said second seam closes off said rear panel, said at least one front panel, said first side panel and said second side panel at said second end (as in Kieling figs 39-60).
12. The liner as claimed in any one of claims 6, comprising first and second front panels, said first and second front panels each extending between said first end and said second end, said first and second front panels being spaced apart from each other along substantially the whole respective lengths so as to form a said aperture there between (as in Kieling figs 39-60 and Olivier figs 1-7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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, Anthony Stashick can be reached at (571)272-4561. 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.
/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735