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 .
Application Status
This action is responsive to the claims filed 22 July 2025.
Claims 1-19 are currently pending and being examined.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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, 5-6, 11-14, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borough (US 3,505,146).
Claims 1 and 11: Borough teaches a method for forming a packaging container (3:64-67; 22-fig.2), comprising:
providing one or more web layers (14, 15,16,17-fig.1) each comprising a first sealing material (dielectrically sealable thermoplastic film-fig.1; 3:4-7; crystalline vinylidene chloride copolymer-claim 3) disposed in a first region (20-fig.1) of the one or more web layers (3:11-14), and a second sealing material (heat sealable thermoplastic film-fig.1; polyethylene-claim 3) disposed in a second region (21-fig.1) of the one or more web layers (3:19-23), wherein the second sealing material is configured such that heating the second sealing material to a first temperature does not cause the second sealing material to seal (“The sealing zone is indicated generally at 19 and, because of the application of the high frequency energy, a seal or bond is formed at 20 between the layers 14 and 15. It has been found, however, that the application of such high frequency energy generates heat in amounts which is often inadequate for the purpose of heat-sealing together the layers 16 and 17 of thermoplastic film having a relatively low dielectric loss factor. Such heat-scalable layers can be effectively and easily heat sealed together at 21, however, by the application of heat thereto from a source located adjacent the inner-most layer of such film and extending generally in the sealing zone 19.” 3:11-23);
overlaying the first regions of the one or more web layers web with each other (see fig.1 showing 14 and 15 overlaying each other; 3:4-11);
overlaying the second regions of the one or more web layers with each other (see fig.1 showing 16 and 17 overlaying each other; 3:4-11), the overlying first and second regions cooperatively surrounding a cavity defined between the one or more web layers (see fig.2 showing 14 and 15 overlaying each other), the cavity being a packaging interior cavity configured to house an object to be shipped (3:64-67; 22-fig.2); and
heating the first sealing material to the first temperature to seal together the first regions of the one or more web layers (3:11-14), the one or more web layers forming walls of the packaging container when the first regions are sealed to each other (22-fig.2), the walls cooperatively bounding at least a portion of the cavity (3-64-67; fig.5).
Borough further teaches:
Claim 2: The method of claim 1, wherein the second sealing material is further configured so that heating the second sealing material to a second temperature higher than the first temperature seals together the second regions of the one or more web layers and thereby seals the cavity (3:11-23; claim 6).
Claim 3: The method of claim 1, further comprising folding the one or more web layers so that the first regions of the one or more web layers overlay each other (see fig.2 and 5 showing folding of the film layers and 14 and 15 overlaying each other) and the second regions of the one of the one or more web layers overlay each other (see fig.2 and 5 showing folding of the film layers and 16 and 17 overlaying each other).
Claims 5 and 13: The method of claim 1, wherein the second temperature is a minimum sealing temperature for the second sealing material (claim 6; 450°F is a minimum temperature).
Claims 6 and 14: The method of claim 1, wherein the first temperature is a maximum temperature for the first sealing material (3:11-14; said temperature reached by the high frequency energy is a maximum temperature for the sealing).
Claim 12: The method of claim 11, wherein providing the one or more web layers comprises providing the one or more web layers comprising the second sealing material in an unsealed condition (3:11-23).
Claim 19: Borough teaches a method for forming a packaging container (3:64-67; 22-fig.2), comprising:
providing one or more web layers (14, 15,16,17-fig.1) each comprising a sealing material disposed in a first region of the one or more web layers (dielectrically sealable thermoplastic film-fig.1; 3:4-7; crystalline vinylidene chloride copolymer-claim 3; 20-fig.1), and a sealing material disposed in a second region of the one or more web layers (heat sealable thermoplastic film-fig.1; polyethylene-claim 3; 21-fig.1);
overlaying the first regions of the one or more web layers web with each other (see fig.1 showing 14 and 15 overlaying each other; 3:4-11);
overlaying the second regions of the one or more web layers with each other (see fig.1 showing 16 and 17 overlaying each other; 3:4-11), the overlying first and second regions cooperatively surrounding a cavity defined between the one or more web layers (3:64-67; 22-fig.2), the cavity being a packaging interior cavity that is configured to house an object to be shipped (3:64-67; 22-fig.2);
heating the sealing material in the first regions of the one or more web layers to a first temperature to seal together (3:11-14) the first regions without causing the sealing material in the second regions to seal (“The sealing zone is indicated generally at 19 and, because of the application of the high frequency energy, a seal or bond is formed at 20 between the layers 14 and 15. It has been found, however, that the application of such high frequency energy generates heat in amounts which is often inadequate for the purpose of heat-sealing together the layers 16 and 17 of thermoplastic film having a relatively low dielectric loss factor. Such heat-scalable layers can be effectively and easily heat sealed together at 21, however, by the application of heat thereto from a source located adjacent the inner-most layer of such film and extending generally in the sealing zone 19.” 3:11-23), the one or more web layers forming walls of the packaging container when the first regions are sealed to each other, the walls cooperatively bounding at least a portion of the cavity (see 2 showing walls forming a cavity);
and subsequently heating the sealing material in the second regions of the one or more web layers to a second temperature higher than the first temperature to seal together the second regions (3:1-23).
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) 7-10 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borough (US 3,505,146) in view of Getty (US 2019/0062028).
Claims 7 and 15: Borough teaches the method of claim 1.
Borough does not teach providing wherein providing the one or more web layers comprises providing at least one of the one or more web layers with a padding configured to provide cushioning to the object.
However, Getty teaches providing one or more web layers (11a,11 b-fig.5) comprises providing at least one of the one or more web layers with padding (30-fig.5; ¶[0099]) configured to provide cushioning to the object (¶[0003]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention, to modify the method of Borough, by adding padding between the layers, as taught by Getty, to protect the contents sealed between the layers. (Getty: ¶[0003])
Borough as modified by Getty further teaches:
Claims 8 and 16: The method of claim 7, wherein providing the at least one of the one or more web layers (Getty: 11a,11b-fig.5) with the padding (Getty: 30-fig.5; ¶[0099]) configured to provide cushioning to the object comprises providing the padding disposed in an inter-wall cavity of the at least one of the one or more web layers (Getty: ¶[0099]).
Claims 9 and 17: The method of claim 7, wherein providing the at least one of the one or more web layers (Getty: 11a,11b-fig.5) with padding (Getty: 30-fig.5; ¶[0099]) configured to provide cushioning to the object (Getty: ¶[0099]) comprises providing the at least one of the one or more web layers with padding that includes an expansion material (Getty: 30-fig.5; ¶[0099]).
Claims 10 and 18: Borough teaches the method of claim 1.
Borough wherein providing the one or more web layers comprises providing the one or more web layers each further comprising a substrate made of paper.
However, Getty teaches one or more layers comprises a substrate made of paper (11d-fig.2; ¶[0093]-[0095]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant's claimed invention, to modify the method of Borough, by having an outer layer of paper around the inside packaging layers, as taught by Getty, because paper can be pre-printed with the product and advertising material for the finish product, thus the packages will be ready to be filled immediately without further printing being required. (Getty: ¶[0093])
Allowable Subject Matter
Claim 4 is 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.
Response to Arguments
Applicant’s arguments, see Remarks p. 8-10, filed 22 July 2025, with respect to the rejection(s) of claim(s) 1 and 11 under 35 USC §102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC §102, Borough (US 3,505,146).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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, Anna Kinsaul can be reached at (571)270-1926. 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.
/KATIE L GERTH/Examiner, Art Unit 3731 /THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731