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 .
Status of Claims
This office action is responsive to claims filed on November 25, 2025.
Claims 1-27 are pending.
Claims 23-27 are withdrawn (see ‘Election/Restrictions,’ below.)
Claims 1-22 are being examined in this office action.
Election/Restrictions
Claims 23-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 25, 2025.
Applicant’s election without traverse of Claims 1-22 in the reply filed on November 25, 2025, is acknowledged.
Claim Objections
Claim 8 is objected to because of the following informalities: the recitation “securing the first layer of material and the third layer of material to one another one or both of before rolling the packaging material onto the roll or after rolling the section of packaging material from the roll,” requires review. Examiner has emphasized the portion of the recitation suggested for removal.
Claim 10 recites “one or more of the at least one attachment point,” (emphasis added) and should read points.
Claim 16 appears to need the following correction: wherein when the section of the packaging material is unrolled, the first layer of material….
Claim 18 recites “expending,” (line 2) and should read expanding.
Appropriate correction is required.
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 4-10, 17, and 18 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 4 recites the limitation "the first layer" and “the second layer” in line 4 There is insufficient antecedent basis for these limitations in the claim. Similar issues carry through in claims 5-9 which depend from claim 4.
Claim 5 recites the limitation "the second construction" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation “at at least one attachment point,” however the limitation “one or more attachment points” was previously introduced in claim 4, from which claim 9 depends. Therefore, the claim is rendered indefinite because it is unclear whether the “at least one attachment point” recited in claim 9 is introducing a further attachment point, or referring to the same attachment point introduced in claim 4.
Claim 16 recites the limitation "the second layer" in line 3. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests: the second layer of material.
In general, Applicant’s interchanging use of “[nth] layer of material” and “[nth] construction” requires attention to ensure clarity of claims. Please review and make necessary amendments that may have not been captured in this Office Action.
Claims 10, 17, and 18 are rejected as being dependent upon a rejected base claim.
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.
Claims 1-9, 11-13, 16, 19, 20 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talda et al. (US 10,773,839 B1, herein Talda).
Regarding claim 1, Talda discloses a method of making a packaging enclosure (12) (Fig. 11) for an article, said method comprising:
providing a roll (72) (Fig.11) of a packaging material (76) (Fig. 11), wherein the packaging material is of a first thickness (T1) (Fig. 3);
unrolling a section of the packaging material from the roll;
expanding (via expansion mechanism, 110, Fig. 11) the packaging material (76) as the section of the packaging material is unrolled from the roll;
increasing a thickness of the packaging material from the first thickness to a second thickness (T2) (Fig. 3) as the length of the packaging expands (i.e. expanded configuration ‘E,’ Fig. 11); and
forming the packaging enclosure (12) (Fig. 11) from the unrolled section of the
packaging material of the second thickness.
Regarding claim 2, Talda discloses (Col. 6, lines 35-59) (Col. 10, lines 38-52) fabricating the packaging material (73) which is wound onto the roll (72) (alt. 12’ and 114, Fig. 13) from at least a first layer of material of a first construction and a second layer of material of a second construction, wherein the second construction is different than the first construction (i.e. kraft paper and non-paper packaging materials, such as an expandable adhesive).
Regarding claim 3, Talda discloses (Col. 6, lines 35 - Col. 7, line 10) (Col. 10, lines 38-52) forming the at least first layer of material (71) from one of a crepe paper, a crinkled paper, a crimped paper, and a corrugated paper; and forming the second layer of material (76) from a sheet of paper having a pattern of a plurality of slits formed therein (82) (Fig. 4).
Regarding claim 4, Talda discloses (Col. 10, lines 30-37) (Fig. 13) attaching the first layer of material and the second layer of material to one another at one or more attachment points to form a fabricated packaging material; and rolling the fabricated packaging material onto a roll (114).
Regarding claim 5, Talda discloses (Col. 6, lines 35 - 59) (Col. 10, lines 38-52) providing a third layer of material (75) (Fig. 11) of a different construction to the second construction; and
placing the third layer of material (75) adjacent the second layer of material (76) such that the second layer of material is interposed between the first layer of material (71) and the third layer of material.
Regarding claim 6, Talda discloses (Col. 6, lines 35 - 59) (Col. 10, lines 38-52) providing the third layer of material (75) from a same first construction as the first layer of material (71).
Regarding claim 7, Talda discloses (Col. 9, lines 53 – Col. 10, line 6) securing the first layer of material and the second layer of material to one another at at least one attachment point; and keeping the second layer of material and the third layer of material free of any attachment points to one another.
Regarding claim 8, Talda discloses (Col. 9, lines 53 – Col. 10, line 6) securing
the first layer of material and the third layer of material to one another one or both of before rolling the packaging material onto the roll or after rolling the section of the packaging material from the roll.
Regarding claim 9, Talda discloses (Col. 9, lines 53 – Col. 10, line 6) securing
one or both of the first layer of material and the third layer of material to the second layer of material at at least one attachment point.
Regarding claim 11, Talda discloses (Figs. 1, 14) (Col. 10, line 53 – Col. 11, line 24) wherein forming the packaging enclosure includes:
folding the unrolled section of the packaging material about a fold (i.e. trough shaping wedge, 226) to form a first side and an opposed second side of the packaging enclosure;
securing edges of the first side and the opposed second side to one
another (i.e. via pinch-press 232 and sealing rollers 64,68); and
wherein the first layer of material forms an exterior surface of the packaging enclosure when the unrolled section of the packaging material is folded (Col. 6, lines 29-34).
Regarding claim 12, Talda discloses (Figs. 1, 14) (Col. 10, line 53 – Col. 11, line 24) inserting the article into an interior cavity bounded and defined by the first side and the opposed second side of the packaging enclosure; and
securing free ends of the first side and the opposed second side
to one another such that the packaging enclosure surrounds the article (i.e. via pinch-press 232 and sealing rollers 64,68).
Regarding claim 13, Talda discloses (Figs. 1, 14) (Col. 10, line 53 – Col. 11, line 24) cushioning the article within the interior cavity against impact with the second thickness provided by the unrolled section of the packaging material.
Regarding claim 16, Talda discloses wherein when the section of the packaging material is unrolled, the first layer of material (71) (Fig. 13) expands in a first direction (X), and the second layer (76) expands in the first direction (X) and in a second direction orthogonal to the first direction (i.e. height).
Regarding claim 19, Talda discloses forming a plurality of undulations in the first layer of material (as seen in material 76, Figs. 11-13).
For purposes of examination of claim 19 (dependent from claim 2), Examiner has cited reference numeral 76 (Talda) as the first layer of material. As such, it can be seen with reference to Figs. 11-13 (Talda) that there are a plurality of undulations formed in the material.
Regarding claim 20, Talda discloses forming a plurality of slits (82) (Fig. 4) in the second layer of material (76).
Regarding claim 22, Talda discloses (Col. 9, lines 53 – Col. 10, line 6) bonding
the first layer of material and the second layer of material to one another with an adhesive when the section of the packaging material is unrolled, expanded, and of the second thickness, and prior to forming the packaging enclosure with the unrolled section of the packaging material.
Allowable Subject Matter
Claims 14, 15, and 21 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.
Claims 10, 17, and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not expressly disclose providing an adhesive coating on a surface of one of the first layer of material and the second layer of material and activating the adhesive coating after unrolling and expanding the section of the packaging material; bonding the first layer of material and the second layer of
material to one another with the activated adhesive coating; and maintaining the packaging material at the second thickness while forming the packaging enclosure (as recited in claims 14,15). The prior art also does not disclose bonding the first layer of material to the second layer of material with an adhesive prior to rolling the first layer of material and the second layer of material onto the roll (as recited in claim 21).
Rather, Talda discloses (Col. 9, lines 53 – Col. 10, line 6) bonding
the first layer of material and the second layer of material to one another with an adhesive when the section of the packaging material is unrolled, expanded, and of the second thickness, and prior to forming the packaging enclosure with the unrolled section of the packaging material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached form (PTO-892) are cited to show methods of packaging and methods of preparing or making perforated material and laminated material. All are cited as being of interest and to show the state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRAACHI M. PATHAK whose telephone number is (571)272-8005. The examiner can normally be reached Monday & Tuesday 8:30 am-5:30 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Praachi M Pathak/Primary Examiner, Art Unit 3731
January 12, 2026