DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/24/2025 has been entered.
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 .
Response to Arguments
Applicant’s arguments, see pages 7-13, filed December 24th, 2025, with respect to the claim rejections under U.S.C. §103 have been considered but are moot because the Applicant’s amendments do not overcome the existing grounds of rejection. The instant Office action has been made final.
The applicant argues that the Shi et al. publication is silent regarding the limitation that the second thickness defined as a distance along the second direction between the third surface and the fourth surface of the second support portion of the second layer is thicker than the first thickness defined as a distance along the first direction between the first surface and the second surface of the first support portion of the first layer. The examiner agrees Shi et al. does not teach this feature, however it would be obvious for a person having ordinary skill in the art to enhance the thickness of individual cushioning layers by virtue of routine optimization. See MPEP 2144.05.
The applicant argues that the present application is distinct from the prior art because the multilayer structure of the claimed cushioning material is composed of three layers which are continuously stacked and each of which is a single layer, and the three thicknesses of the support portions, each of which is defined as a distance between the two faces of each support portion in, for example, the Z1 direction, are different. The examiner disagrees, whereas Shi et al. teaches “one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board”, Shi et al. anticipates distinct medium layers for a triple wall board.
The applicant argues “the Shi et al. publication merely discloses that the arch sizes, i.e., heights of corrugations of the A-flute, the B-flute, the C-flute, the E-flute, the F-flute are different. Therefore, the Shi et al. publication is silent regarding the arrangement in which the three thicknesses of the three support -portions, each of which is defined as a distance between the two faces of each support portion, for example, the Z1 direction, are different from each other. Moreover, the Shi et al. publication does not even recognize the advantageous effects that can be provided by the claimed cushioning material as discussed above. The examiner disagrees, regarding the thickness per layer being defined between the plates, it can be seen in Annotated Figure 3d as indicated by reference #’s 1, 2, and 3. Additionally, wherein Shi et al. teaches “one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength and total thickness of the combined board”, Shi et al. anticipates utilizing varying profile layers to obtain varying thicknesses of the combined board, therefor it would be obvious for a person having ordinary skill in the art to enhance the thickness of individual cushioning layers by virtue of routine optimization. See MPEP 2144.05.
Response to Amendment
This office action is in response to the amendments and / or remarks filed on December 24th, 2025. Claims 2 and 5 have been cancelled. Claims 1, 3-4, and 6-7 remain pending and are currently being examined.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 20140093705 A1), and further in view of design choice.
Regarding Claim 1, Shi et al. teaches a cushioning material having a multilayer structure, the cushioning material comprising: a first layer (1 in Annotated Figure 3d below); a second layer (2 in Annotated Figure 3d below) having a strength stronger than that of the first layer (1 in Annotated Figure 3d below), and a third layer (3 in Annotated Figure 3d below) having a strength stronger than that of the second layer (2 in Annotated Figure 3d below), (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm)”), the first layer (1 in Annotated Figure 3d below) including a first flat plate portion (1 in Annotated Figure 3d below) having a flat plate shape (as seen in Annotated Figure 3d below), Anda first support portion (5 in annotated Figure 3d below) attached to the first flat plate portion (1 in Annotated Figure 3d below) and having a corrugated shape (as seen in Figure 3d), the first support portion (1 in Annotated Figure 3d below) including a first surface (one side of support portion 5 in Annotated Figure 3d below) and a second surface (obverse side of support portion 5 in Annotated Figure 3d below), the first surface (one side of support portion 5 in Annotated Figure 3d below) facing the first plat plate portion (1 in Annotated Figure 3d below), the first surface (one side of support portion 5 in Annotated Figure 3d below) and the second surface (obverse side of support portion 5 in Annotated Figure 3d below) oppositely facing along a first direction (lateral direction as seen in Figure 3d below) with a first thickness (thickness of 5 in Annotated Figure 3d below) defined as a distance between the first surface (one side of support portion 5 in Annotated Figure 3d below) and the second surface (obverse side of support portion 5 in Annotated Figure 3d below) along the first direction (lateral direction as seen in Figure 3d below), the second layer (2 in Annotated Figure 3d below) including a second flat plate (6 in Annotated Figure 3d below) portion having a flat plate shape (6 in Annotated Figure 3d below), and a second support portion (7 in Annotated Figure 3d below) attached to the second flat plate portion (6 in Annotated Figure 3d below) and having a corrugated shape (as seen in Annotated Figure 3 below), the second support portion (7 in Annotated Figure 3d below) including a third surface (one side of 7 in Annotated Figure 3d below) and a fourth surface (obverse side of 7 in Annotated Figure 3d below), the third surface (one side of 7 in Annotated Figure 3d below) facing the second plat plate portion (6 in Annotated Figure 3d below), the third surface (one side of 7 in Annotated Figure 3d below) and the fourth surface (obverse side of 7 in Annotated Figure 3d below) oppositely facing along a second direction (lateral direction as seen in Figure 3d below) with a second thickness defined as a distance between the third surface (one side of 7 in Annotated Figure 3d below) and the fourth surface (obverse side of 7 in Annotated Figure 3d below) along the second direction (lateral direction as seen in Figure 3d below), the second thickness (thickness of 7 in Annotated Figure 3d below) being thicker than the first thickness (wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute”), and the third layer (3 in Annotated Figure 3d below)including a third flat plate portion (8 in Annotated Figure 3d below) having a flat plate shape (8 in Annotated Figure 3d below), and a third support portion (9 in Annotated Figure 3d below) attached to the third flat plate portion (8 in Annotated Figure 3d below) and having a corrugated shape (as seen in Figure 3d below), the third support portion including a fifth surface (one side of 8 in Annotated Figure 3d below) and a sixth surface (obverse side of 8 in Annotated Figure 3d below), the fifth surface (one side of 8 in Annotated Figure 3d below) facing the third plat plate portion (3 in Annotated Figure 3d below), the fifth surface (one side of 8 in Annotated Figure 3d below) and the sixth surface (obverse side of 8 in Annotated Figure 3d below) oppositely facing along a third direction (lateral direction as seen in Figure 3d below) with a third thickness (thickness of 9 in Annotated Figure 3d below) defined as a distance between the fifth surface (one side of 8 in Annotated Figure 3d below) and the sixth surface (obverse side of 8 in Annotated Figure 3d below) along the third direction (lateral direction as seen in Figure 3d below), the third thickness (thickness of 9 in Annotated Figure 3d below) being thicker than the second thickness (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm)”), each the first layer (1 in Annotated Figure 3d above), the second layer (1 in Annotated Figure 3d above), and the third layer (1 in Annotated Figure 3d above) being a single layer, and the multilayer structure (1, 2, 3 in Annotated Figure 3d above) being composed of the first layer (1 in Annotated Figure 3d above), the second layer (2 in Annotated Figure 3d above), and the third layer (3 in Annotated Figure 3d above), which are continuously stacked (as depicted in Figure 3d). (Fig. 3d; [0023], [0028], [0055])
Shi et al. does not explicitly teach a second layer having a strength stronger than a first layer and a third layer stronger than that of a second layer.
Wherein Shi et al. anticipates combinations of layers having varying strengths; (Wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board.”) It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the cushioning material as taught by Shi et al., and by virtue of design choice choose to provide for second layer having a strength stronger than a first layer and a third layer stronger than that of a second layer. Wherein some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Wherein Shi states in paragraph [0055], “Different flute pro files can be combined in one piece of combined board. For instance, in a triple wallboard (see e.g., FIG.3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board”; one would be motivated to substitute a layer strength of a second cushioning layer for a layer having a strength stronger than the first layer, and weaker than the third layer, in order to provide for a material that achieves the desired degree of durability and cushioning for the structural application in which it is applied. These are result effective variables recognized by the art that would motivate one to mix layers of varying strength. are See MPEP 2144.05.
PNG
media_image1.png
27
26
media_image1.png
Greyscale
PNG
media_image2.png
27
24
media_image2.png
Greyscale
PNG
media_image3.png
25
24
media_image3.png
Greyscale
PNG
media_image4.png
28
26
media_image4.png
Greyscale
PNG
media_image5.png
28
24
media_image5.png
Greyscale
PNG
media_image6.png
29
22
media_image6.png
Greyscale
[AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow]
PNG
media_image7.png
28
29
media_image7.png
Greyscale
PNG
media_image8.png
29
23
media_image8.png
Greyscale
[AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: connector][AltContent: arrow]
PNG
media_image9.png
27
26
media_image9.png
Greyscale
PNG
media_image10.png
321
582
media_image10.png
Greyscale
PNG
media_image11.png
22
173
media_image11.png
Greyscale
Regarding Claim 3, Shi et al., modified above, teaches all of the elements of the invention described in claim 2 above;
Shi et al. further teaches wherein the first layer (1 in Annotated Figure 3d above) is stacked between the second layer (2 in Annotated Figure 3d above) and the third layer (3 in Annotated Figure 3d above). (Fig. 3d; [0023], [0028], [0055])
Regarding Claim 4, Shi et al., modified above, teaches all of the elements of the invention described in claim 1 above;
Shi et al. further teaches the second support portion (7 in Annotated Figure 3d above) has a higher density (wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute”) than the first support portion (1 in Annotated Figure 3d above), and the third support portion (9 in Annotated Figure 3d above). (Fig. 3d; [0023], [0028], [0055])
Shi et al. does not teach the third support portion being arranged at a higher density than the second support portion.
Wherein Shi et al. anticipates combinations of layers having varying strengths and densities; (Wherein Shi et al. teaches “A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm).”)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the cushioning material as taught by Shi et al., and by virtue of design choice choose to provide for a third layer having a higher density than a second layer. Wherein some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Wherein Shi states in paragraph [0055], “Different flute pro files can be combined in one piece of combined board. For instance, in a triple wallboard (see e.g., FIG.3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board”; one would be motivated to substitute a layer density of a third layer for a layer density higher than that of a second layer, in order to provide for a material that achieves the desired degree of durability and cushioning for the structural application in which it is applied. These are result effective variables recognized by the art that would motivate one to mix layers of varying strength. are See MPEP 2144.05.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 20140093705 A1), further in view of design choice, and further in view of Rockom et al. (US 4889252 A).
Regarding Claim 6, Shi et al. teaches a packaged product comprising: a packaging (wherein Shi et al. teaches “This disclosure focuses on using a hybrid fiber composition obtained from pulping or bleaching of wheat straw, corn stover, kenaf, seaweed, etc., obtained by chemical, mechanical, or combined means for a corrugating medium to be used in containerboard packaging applications.”) material configured by a cushioning material having a multilayer structure (1, 2, 3 in Annotated Figure 3d above); the cushioning material including a first layer (1 in Annotated Figure 3d above), a second layer (2 in Annotated Figure 3d above) having a strength stronger than that of the first layer (1 in Annotated Figure 3d above), and a third layer (3 in Annotated Figure 3d above). (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm).”), the first layer (1 in Annotated Figure 3d above) including a first flat plate portion (1 in Annotated Figure 3d above) having a flat plate shape (as seen in Annotated Figure 3d above), Anda first support portion (5 in annotated Figure 3d above) attached to the first flat plate portion (1 in Annotated Figure 3d above) and having a corrugated shape (as seen in Figure 3d), the first support portion (1 in Annotated Figure 3d above) including a first surface (one side of support portion 5 in Annotated Figure 3d above) and a second surface (obverse side of support portion 5 in Annotated Figure 3d above), the first surface (one side of support portion 5 in Annotated Figure 3d above) facing the first plat plate portion (1 in Annotated Figure 3d above), the first surface (one side of support portion 5 in Annotated Figure 3d above) and the second surface (obverse side of support portion 5 in Annotated Figure 3d above) oppositely facing along a first direction (lateral direction as seen in Figure 3d above) with a first thickness (thickness of 5 in Annotated Figure 3d above) defined as a distance between the first surface (one side of support portion 5 in Annotated Figure 3d above) and the second surface (obverse side of support portion 5 in Annotated Figure 3d above) along the first direction (lateral direction as seen in Figure 3d above), the second layer (2 in Annotated Figure 3d above) including a second flat plate (6 in Annotated Figure 3d above) portion having a flat plate shape (6 in Annotated Figure 3d above), and a second support portion (7 in Annotated Figure 3d above) attached to the second flat plate portion (6 in Annotated Figure 3d above) and having a corrugated shape (as seen in Annotated Figure 3 above), the second support portion (7 in Annotated Figure 3d above) including a third surface (one side of 7 in Annotated Figure 3d above) and a fourth surface (obverse side of 7 in Annotated Figure 3d above), the third surface (one side of 7 in Annotated Figure 3d above) facing the second plat plate portion (6 in Annotated Figure 3d above), the third surface (one side of 7 in Annotated Figure 3d above) and the fourth surface (obverse side of 7 in Annotated Figure 3d above) oppositely facing along a second direction (lateral direction as seen in Figure 3d above) with a second thickness defined as a distance between the third surface (one side of 7 in Annotated Figure 3d above) and the fourth surface (obverse side of 7 in Annotated Figure 3d above) along the second direction (lateral direction as seen in Figure 3d above), the second thickness (thickness of 7 in Annotated Figure 3d above) being thicker than the first thickness (wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute”), and the third layer (3 in Annotated Figure 3d above)including a third flat plate portion (8 in Annotated Figure 3d above) having a flat plate shape (8 in Annotated Figure 3d above), and a third support portion (9 in Annotated Figure 3d above) attached to the third flat plate portion (8 in Annotated Figure 3d above) and having a corrugated shape (as seen in Figure 3d above), the third support portion including a fifth surface (one side of 8 in Annotated Figure 3d above) and a sixth surface (obverse side of 8 in Annotated Figure 3d above), the fifth surface (one side of 8 in Annotated Figure 3d above) facing the third plat plate portion (3 in Annotated Figure 3d above), the fifth surface (one side of 8 in Annotated Figure 3d above) and the sixth surface (obverse side of 8 in Annotated Figure 3d above) oppositely facing along a third direction (lateral direction as seen in Figure 3d above) with a third thickness (thickness of 9 in Annotated Figure 3d above) defined as a distance between the fifth surface (one side of 8 in Annotated Figure 3d above) and the sixth surface (obverse side of 8 in Annotated Figure 3d above) along the third direction (lateral direction as seen in Figure 3d above), the third thickness (thickness of 9 in Annotated Figure 3d above) being thicker than the second thickness (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm)”), each the first layer (1 in Annotated Figure 3d above), the second layer (1 in Annotated Figure 3d above), and the third layer (1 in Annotated Figure 3d above) being a single layer, and the multilayer structure (1, 2, 3 in Annotated Figure 3d above) being composed of the first layer (1 in Annotated Figure 3d above), the second layer (2 in Annotated Figure 3d above), and the third layer (3 in Annotated Figure 3d above), which are continuously stacked (as depicted in Figure 3d). (Fig. 3d; [0023], [0028], [0055])
Shi et al. does not explicitly teach a second layer having a strength stronger than a first layer and a third layer stronger than that of a second layer; or a packaging box, or contents packed within a packaging box, or that the packaging box is provided such that a cross section of the first layer in the cushioning material is visually recognizable.
Regarding the disparity between the second and third layer strengths; Shi et al. anticipates combinations of layers having varying strengths; (Wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board.”) It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the cushioning material as taught by Shi et al., and by virtue of design choice choose to provide for second layer having a strength stronger than a first layer and a third layer stronger than that of a second layer. Wherein some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Wherein Shi states in paragraph [0055], “Different flute pro files can be combined in one piece of combined board. For instance, in a triple wallboard (see e.g., FIG.3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board”; one would be motivated to substitute a layer strength of a second cushioning layer for a layer having a strength stronger than the first layer, and weaker than the third layer, in order to provide for a material that achieves the desired degree of durability and cushioning for the structural application in which it is applied. These are result effective variables recognized by the art that would motivate one to mix layers of varying strength. are See MPEP 2144.05.
Regarding the packaging box; Rockom et al. further teaches a packaging box (10), wherein contents (wherein Rockom et al. teaches “the present invention provides an insulated container that resists drops, forklift strikes, and maintains frozen and deep-cooled items at a low temperature or vice versa”) are packed within a packaging box (10), or that the packaging box (10) is provided such that a cross section of the first layer (34) in the cushioning material (32, 34, 40 42) is visually recognizable (as seen in Figs. 1-2). (Figs. 1-2; Col. 2, Lines 13-46)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the packaged product as taught by Shi et al., and provide for a packaging box for stowing contents as taught by Rockom et al. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to incorporate the material of Shi et al. into a multilayered packaging box, in order to provide for a packaging box with optimized cushioning ant protection for the stowed contents.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rockom et al. (US 4889252 A), in view of Shi et al. (US 20140093705 A1), and further in view of design choice.
Regarding Claim 7, Rockom et al. teaches packaged product (10) comprising: a packaging box (10); contents packed in the packaging box (wherein Rockom et al. teaches “the present invention provides an insulated container that resists drops, forklift strikes, and maintains frozen and deep-cooled items at a low temperature or vice versa”); and a cushioning material (32, 34, 40 42) having a multilayer structure (32, 34, 40 42) that is accommodated in the packaging box (10) and supports the contents inside the packaging box (10), and the packaging box (10) is provided with an opening (30) such that a cross section of the cushioning material (32, 34, 40 42) being visually recognizable (as can be seen on flap 16 in Figure 1). (Figs. 1-2; Col. 2, Lines 13-46)
Rockom et al. does not teach. the cushioning material including a first layer, a second layer having a strength stronger than that of the first layer, and a third layer having a strength stronger than that of the second layer; or the first layer including a first flat plate portion having a flat plate shape, and a first support portion attached to the first flat plate portion and having a corrugated shape, the first support portion including a first surface and a second surface, the first surface facing the first plat plate portion, the first surface and the second surface oppositely facing along a first direction with a first thickness defined as a distance between the first surface and the second surface along the first direction, the second layer including a second flat plate portion having a flat plate shape, and a second support portion attached to the second flat plate portion and having a corrugated shape, the second support portion including a third surface and a fourth surface, the third surface facing the second plat plate portion, the third surface and the fourth surface oppositely facing along a second direction with a second thickness defined as a distance between the third surface and the fourth surface along the second direction, the second thickness being thicker than the first thickness, and the third layer including a third flat plate portion having a flat plate shape, and a third support portion attached to the third flat plate portion and having a corrugated shape, the third support portion including a fifth surface and a sixth surface, the fifth surface facing the third plat plate portion, the fifth surface and the sixth surface oppositely facing along a third direction with a third thickness defined as a distance between the fifth surface and the sixth surface along the third direction, the third thickness being thicker than the second thickness,
Shi et al. teaches a cushioning material having a multilayer structure comprising: a first layer (1 in Annotated Figure 3d above); a second layer (2 in Annotated Figure 3d above) having a strength stronger than that of the first layer (1 in Annotated Figure 3d above), and a third layer (3 in Annotated Figure 3d above) having a strength stronger than that of the second layer (2 in Annotated Figure 3d above). (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm).”), the first layer (1 in Annotated Figure 3d above) including a first flat plate portion (1 in Annotated Figure 3d above) having a flat plate shape (as seen in Annotated Figure 3d above), and a first support portion (5 in annotated Figure 3d above) attached to the first flat plate portion (1 in Annotated Figure 3d above) and having a corrugated shape (as seen in Figure 3d), the first support portion (1 in Annotated Figure 3d above) including a first surface (one side of support portion 5 in Annotated Figure 3d above) and a second surface (obverse side of support portion 5 in Annotated Figure 3d above), the first surface (one side of support portion 5 in Annotated Figure 3d above) facing the first plat plate portion (1 in Annotated Figure 3d above), the first surface (one side of support portion 5 in Annotated Figure 3d above) and the second surface (obverse side of support portion 5 in Annotated Figure 3d above) oppositely facing along a first direction (lateral direction as seen in Figure 3d above) with a first thickness (thickness of 5 in Annotated Figure 3d above) defined as a distance between the first surface (one side of support portion 5 in Annotated Figure 3d above) and the second surface (obverse side of support portion 5 in Annotated Figure 3d above) along the first direction (lateral direction as seen in Figure 3d above), the second layer (2 in Annotated Figure 3d above) including a second flat plate (6 in Annotated Figure 3d above) portion having a flat plate shape (6 in Annotated Figure 3d above), and a second support portion (7 in Annotated Figure 3d above) attached to the second flat plate portion (6 in Annotated Figure 3d above) and having a corrugated shape (as seen in Annotated Figure 3 above), the second support portion (7 in Annotated Figure 3d above) including a third surface (one side of 7 in Annotated Figure 3d above) and a fourth surface (obverse side of 7 in Annotated Figure 3d above), the third surface (one side of 7 in Annotated Figure 3d above) facing the second plat plate portion (6 in Annotated Figure 3d above), the third surface (one side of 7 in Annotated Figure 3d above) and the fourth surface (obverse side of 7 in Annotated Figure 3d above) oppositely facing along a second direction (lateral direction as seen in Figure 3d above) with a second thickness defined as a distance between the third surface (one side of 7 in Annotated Figure 3d above) and the fourth surface (obverse side of 7 in Annotated Figure 3d above) along the second direction (lateral direction as seen in Figure 3d above), the second thickness (thickness of 7 in Annotated Figure 3d above) being thicker than the first thickness (wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute”), and the third layer (3 in Annotated Figure 3d above)including a third flat plate portion (8 in Annotated Figure 3d above) having a flat plate shape (8 in Annotated Figure 3d above), and a third support portion (9 in Annotated Figure 3d above) attached to the third flat plate portion (8 in Annotated Figure 3d above) and having a corrugated shape (as seen in Figure 3d above), the third support portion including a fifth surface (one side of 8 in Annotated Figure 3d above) and a sixth surface (obverse side of 8 in Annotated Figure 3d above), the fifth surface (one side of 8 in Annotated Figure 3d above) facing the third plat plate portion (3 in Annotated Figure 3d above), the fifth surface (one side of 8 in Annotated Figure 3d above) and the sixth surface (obverse side of 8 in Annotated Figure 3d above) oppositely facing along a third direction (lateral direction as seen in Figure 3d above) with a third thickness (thickness of 9 in Annotated Figure 3d above) defined as a distance between the fifth surface (one side of 8 in Annotated Figure 3d above) and the sixth surface (obverse side of 8 in Annotated Figure 3d above) along the third direction (lateral direction as seen in Figure 3d above), the third thickness (thickness of 9 in Annotated Figure 3d above) being thicker than the second thickness (Wherein Shi et al. teaches “The major five classifications and sizes of flutes are: 1) A-flute: the highest arch size, between about 105 to about 121 flutes per meter, 2) B-flute: second highest arch size, about 148 to about 171 flutes per meter, 3) C-flute: intermediate between A and B, between about 128 to about 141 flutes per meter, 4) E-flute: has about 302 to about 322 flutes per meter, and 5) F-flute: the latest flute size, about 420 flutes per meter. These flutes can also be combined to form multi-flute grades ranging from AAA (triple wall), AA (double wall) through E/F (Micro flute) combinations. Single flute heights range from A (0.477 cm) to F (0.079 cm)”), each the first layer (1 in Annotated Figure 3d above), the second layer (1 in Annotated Figure 3d above), and the third layer (1 in Annotated Figure 3d above) being a single layer, and the multilayer structure (1, 2, 3 in Annotated Figure 3d above) being composed of the first layer (1 in Annotated Figure 3d above), the second layer (2 in Annotated Figure 3d above), and the third layer (3 in Annotated Figure 3d above), which are continuously stacked (as depicted in Figure 3d). (Fig. 3d; [0023], [0028], [0055])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the packaged product as taught by Rockom et al., and provide for a packaging box for comprising three distinct layers as taught by Shi et al. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to incorporate the material layers of Shi et al. into a multilayered packaging box, in order to provide for a packaging box with optimized cushioning ant protection for the stowed contents.
Regarding the varying material thickness between layers: Wherein Shi et al. anticipates combinations of layers having varying strengths; (Wherein Shi et al. teaches “Different flute profiles can be combined in one piece of combined board. For instance, in a triple wall board (see e.g., FIG. 3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board.”) It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the cushioning material as taught by Shi et al., and by virtue of design choice choose to provide for second layer having a strength stronger than a first layer and a third layer stronger than that of a second layer. Wherein some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. Wherein Shi states in paragraph [0055], “Different flute pro files can be combined in one piece of combined board. For instance, in a triple wallboard (see e.g., FIG.3d), one layer of medium might be A-flute while the other two layers can be C-flute. Mixing flute profiles in this way allows designers to manipulate the compression strength, cushioning strength, and total thickness of the combined board”; one would be motivated to substitute a layer strength of a second cushioning layer for a layer having a strength stronger than the first layer, and weaker than the third layer, in order to provide for a material that achieves the desired degree of durability and cushioning for the structural application in which it is applied. These are result effective variables recognized by the art that would motivate one to mix layers of varying strength. are See MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Aida (JP 2005008277 A), teaches shock absorbing material for goods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R CAUDILL whose telephone number is (303)297-4349. The examiner can normally be reached on Monday-Friday 8:30-5:30 MT.
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, NATHAN JENNESS can be reached on (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN CAUDILL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 10 March 2026