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 .
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, 3 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerard (U.S. Patent No. 3544419).
Regarding Claim 1, Gerard discloses a packaging material comprising: a first layer (figure 4) having a first surface (figure 4) and a second surface (Figure 4), the first layer defining a first plurality of undulations (Figure 4), each undulation of the first plurality of undulations having a wave-like form with an amplitude and a wavelength (Figure 4); a second layer (figure 4) having a first surface (figure 4) and a second surface (figure 4), wherein the first surface of the second layer is proximate the second surface of the first layer (figure 4); wherein the packaging material has a thickness measured between the first surface of the first layer and the second surface of the second layer (figure 4); wherein the packaging material is of a first thickness in a collapsed and rolled condition (Figure 1); wherein the packaging material is of a second thickness in an unrolled and expanded condition (figure 4); and wherein the second thickness is greater than the first thickness (figure 1 and figure 4); and wherein, when the packaging material is expanded, the second layer expands in at least a thickness direction (figure 4), and the amplitude of the first plurality of undulations decreases in size when the packaging material is expanded (figure 4).
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Regarding Claim 3, Gerard discloses a third layer (figure 4) having a first surface (figure 4) and a second surface (figure 4), wherein the first surface of the third layer is proximate the second surface of the second layer (figure 4).
Regarding Claim 8, Gerard discloses the third layer comprises a sheet material into which a second plurality of undulations are formed (figure 4), and wherein each undulation of the second plurality of undulations has a wave-like form with an amplitude and a wavelength (figure 4).
Regarding Claim 9, Gerard discloses the amplitude of each of the first plurality of undulations and the second plurality of undulations decreases in size when the first layer and the third layer are expanded (figure 4).
Regarding Claim 10, Gerard discloses the wavelength of each of the first plurality of undulations and the second plurality of undulations increases in size when the first layer and the third layer are expanded (figure 4).
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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3 and 8-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 2 and 4-7 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. The second layer expanding in the first direction and in a second direction orthogonal to the first direction is considered allowable subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/E.J.V/Examiner, Art Unit 3733
/JEFFREY R ALLEN/Primary Examiner, Art Unit 3733
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