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 .
Election/Restrictions
Applicant’s election of Claims 1 and 3-14 in the reply filed on 12/29/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2 and 15-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups 2 and 3, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/29/2025.
The restriction requirement has been made FINAL.
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Arisumi (JP 2003-276094 A) in view of Karrer et al. (US 2015/0048554 A1).
Regarding Claim 1, Arisumi teaches a foamed biodegradable packaging material (Title; Paragraph 0028, 0051) comprising fibrous material that includes waste paper and/or pulp (Paragraph 0007), a binder (Paragraph 0006), sodium bicarbonate (Paragraph 0020), a surfactant (Paragraph 0017), and water-soluble softener, such as glycerin (Paragraph 0016). Arisumi teaches the softener is used to give elasticity to the resulting material. (Paragraph 0016).
Arisumi does not specifically teach the softener is urea.
Karrer teaches a foamed biodegradable packaging material (Abstract; Paragraph 0046) comprising a pulp or wood waste product, a binder and a softening agent/plasticizer (Abstract; Paragraph 0028, 0034-0035). Karrer teaches glycerin (glycerol) and urea as equivalent for suitable softening agents for making foamed cellulose material. (Paragraph 0034). Substitution of equivalents requires no express motivation (MPEP 2144.06.II.). Thus, it would have been obvious to one with ordinary skill in the art to select urea as the softening agent in Arisumi, as Karrer teaches both urea and glycerin are suitable as softening agents that can control elasticity of resulting foamed material.
Regarding Claim 3-4, Arisumi teaches including alum, a discoloration inhibitor. (Paragraph 0015).
Regarding Claims 5-6, Arisumi teaches potassium sorbate, an antibacterial agent. (Paragraph 0019)
Regarding Claim 7, Arisumi teaches the binder contains polyvinyl alcohol. (Paragraph 0006).
Regarding Claim 8, Arisumi teaches the surfactant contains polyoxyethylene alkylether. (Paragraph 0017)
Regarding Claim 9, Arisumi teaches a foamed biodegradable packaging material (Title; Paragraph 0028, 0051) comprising fibrous material that includes waste paper and/or pulp (Paragraph 0007), polyvinyl alcohol (Paragraph 0006), sodium bicarbonate (Paragraph 0020), polyoxyethylene alkylether (Paragraph 0017), and water-soluble softener, such as glycerin (Paragraph 0016). Arisumi teaches the softener is used to give elasticity to the resulting material. (Paragraph 0016).
Arisumi does not specifically teach the softener is urea.
Karrer teaches a foamed biodegradable packaging material (Abstract; Paragraph 0046) comprising a pulp or wood waste product, a binder and a softening agent/plasticizer (Abstract; Paragraph 0028, 0034-0035). Karrer teaches glycerin (glycerol) and urea as equivalent for suitable softening agents for making foamed cellulose material. (Paragraph 0034). Substitution of equivalents requires no express motivation (MPEP 2144.06.II.). Thus, it would have been obvious to one with ordinary skill in the art to select urea as the softening agent in Arisumi, as Karrer teaches both urea and glycerin are suitable as softening agents that can control elasticity of resulting foamed material.
Claim 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Arisumi and Karrer, in further view of Ruter (US 4,860,521 A).
Regarding Claim 10-13, Arisumi teaches the material can be used in packaging/packing. Arisumi does not specifically teach the base layer and structure layer as recited in Claims 10-13
Ruter teaches a packing material (Abstract) comprising a base layer having a sheet shape of first and second surfaces and having a thickness of 3 to 5 mm (Column 3), which overlaps the claimed thickness, and a foam structure layer having plurality of structures formed with intervals on the first surface of the base layer and having a thickness greater than the base layer (Fig 2-3; Column 3) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). Ruter teaches this foam layer and base layer arrangement allows for secure holding components by structured layer (Column 3-4). Thus, it would have been obvious to one with ordinary skill in the art to form the foam packaging material of Arisumi to the claimed packaging material to allow for secure holding of components when using packaging material of Arisumi.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Arisumi, Karrer, and Ruter, in further view of DeJesus (US 2014/0290186 A1).
Regarding Claim 14, Arisumi, Karrer and Ruter do not specifically teach the package material is bonded to a base material via an adhesive layer.
DeJesus teaches using adhesive to glue textured foam inserts down to a base material, such as packaging box (Abstract; Paragraph 0029; Fig. 3) DeJesus teaches this allows the foam inserts to be securely applied (Paragraph 0029). Thus, it would have been obvious to one with ordinary skill in the art to apply the foam material of Arisumi, Karrer and Ruter to allow the packaging material be securely applied to a base material via adhesive as taught by DeJesus to yield a packaging material with better protection through well adhered foam inserts.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781