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 .
Election/Restrictions
Claims 19-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/30/25.
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.
Claim(s) 1-4, 7-10, 12, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yan (U.S. Pub. No. 20200307867).
Regarding Claim 1, Yan discloses a packaging material 10 (figure 8) comprising: a first layer 13 (figure 8) configurable to form an outer layer of a packaging enclosure (Figure 12); a second layer 13 (figure 8) configurable to form an inner layer of the packaging enclosure (figure 12); and wherein each of the first layer and the second layer is selectively movable from an unexpanded condition to an expanded condition (Figure 7 and figure 8).
Regarding Claim 2, Yan discloses one or both of the first layer and the second layer become longer and narrower when moved from the unexpanded condition to the expanded condition (figure 7 and figure 8).
Regarding Claim 3, Yan discloses a third layer 13 (figure 8), wherein the second layer is disposed between the first layer and the third layer (figure 8), and wherein the third layer is also selectively movable from an expanded condition to an expanded condition (figure 7 and figure 8).
Regarding Claim 4, Yan discloses one or more of the first layer, the second layer, and the third layer become longer and narrower when moved from the unexpanded condition to the expanded condition (Figure 7and figure 8).
Regarding Claim 7, Yan discloses an adhesive applied between part of the second layer and part of one or both of the first layer and the third layer (paragraph 38).
Regarding Claim 8, Yan discloses the adhesive is applied in a quantity sufficient to enable the second layer and the one or both of the first layer and the second layer to move in unison from the unexpanded condition to the expanded condition (paragraph 38).
Regarding Claim 9, Yan discloses the adhesive is applied as one or both of a substantially continuous line of adhesive or a plurality of discrete dots of adhesive applied at intervals from one another (paragraph 58).
Regarding Claim 10, Yan discloses at least a portion of the substantially continuous line of adhesive or some of the plurality of discrete dots of adhesive remain intact after the second layer and the one or both of the first layer and the third layer have moved to the expanded condition (paragraph 66).
Regarding Claim 12, Yan discloses the adhesive is one or more of heat sensitive, pressure sensitive, and moisture sensitive (paragraph 59).
Regarding Claim 14, Yan discloses an adhesive coating applied to a surface of the first layer and/or a surface of the third layer, wherein the surface of the first layer and/or the surface of the third layer is adjacent the second layer (figure 8, paragraph 58,66).
Regarding Claim 15, Yan discloses the adhesive coating is activated after the first layer, the second layer, and the third layer are moved to the expanded condition, and wherein the adhesive coating keeps the packaging material in the expanded condition and substantially prevents the first layer, the second layer, and the third layer from moving back to the unexpanded condition (Figure 8 and figure 12).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Allowable Subject Matter
Claims 5, 6, 11, 13 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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