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 § 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 1-3 and 6 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 1 recites the limitation "the entire length" in line 10. There is insufficient antecedent basis for this limitation in the claim, therefore, the metes and bounds of the length dimension limitation are not readily understood. For purposes of examining the claims on the merits, Examiner respectfully maintains the claim interpretation set forth previously.
Claims 2-3 and 6 fail to cure the deficiencies.
Claim Rejections - 35 USC § 102
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 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 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han Jin Printing & Chemical Co. (KR 10-0824293 B1; hereinafter Han Jin).
Regarding claims 1, 3, and 6, Han Jin discloses a shock absorbing paperboard envelope comprising a base member (18) made of rectangular paper having a certain thickness (see Fig. 3); and a paper buffer material (31) attached to a rear surface of the base member, wherein a plurality of width direction fold lines are formed on a front surface of the base member to be spaced a certain distance from each other (see Figures 4-5; Examiner notes that there are two distinct fold lines in the construction as shown in the Figure 3 deconstructed view), a first adhesive layer (19) is formed over an entire lower end and a second adhesive layer is formed over an entire upper end other than a portion of a front side (see Fig. 3), on the front surface of the base member in a longitudinal direction, and the base member is folded along the width direction fold line from the front side and folded along the next fold lines in a state in which the paper buffer material is attached to the rear surface of the base member, to form the packaging envelope insertion-type paper buffer safety member (see Fig. 1).
Regarding claim 2, Han Jin discloses a shock absorbing paperboard envelope wherein the base member is divided into first to fourth portions based on the fold lines (see Fig. 3; Examiner notes that there are two distinct fold lines in the construction as shown in the Figure 3 deconstructed view thus creating four distinct portions), and in a state in which the first to fourth portions are sequentially folded, the first to fourth portions are all bonded with an adhesive (19) at the lower end of the base member, and the first and second portions are not formed with an adhesive layer at an upper end of the base member so that an open inlet (i.e. open mouth of the envelope) is formed and the other portions are bonded.
Response to Arguments
Applicant's arguments filed 12/08/2025 have been fully considered but they are not persuasive. Applicant argues that the prior art fails to teach or disclose a first adhesive layer formed along the entire length of the base member, and a second adhesive layer formed along only half of the length of the base member.
-Examiner notes that the claims do not define a length or where said supposed length is determined to be measured from, therefore, the metes and bounds of the new claim limitations and associated arguments are not readily understood.
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 CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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 J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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