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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/12/2026 has been entered.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Prud’homme et al. (US 2017/0210083) (Prud’homme) in view of Corrigan et al. (WO 2021/130616) (Corrigan).
In reference to claims 1 and 4, Prud’homme teaches a flexible packaging material ([0002]) (corresponding to an article). The packaging material includes a geometrically pattern structure core portion and two face members or liners sandwiching opposing sides of the core portion ([0009]; [0026]) (corresponding to a first substrate; a second substrate; a spacer between the first substrate and the second substrate).
Prud’homme does not explicitly teach the core portion comprises a plurality of beams connecting adjacent walls in the plurality of walls, as presently claimed.
Corrigan teaches a cushioning film for packaging applications ([0001]; [0013]). FIGS. 8G and 8H, provided below, shows a sheet material including a plurality of walls 830 and a plurality of beams 820 ([00114]-[00123]) (corresponding to a spacer; the spacer comprising a plurality of walls spaced apart from each other and a plurality of beams connecting adjacent walls in the plurality of walls). FIGS. 8G and 8H show there are open regions 822 between beams 820 (corresponding to openings between the plurality of beams extending through the spacer). The film is made from a sheet including a pattern of cuts or slits that form beams and openings in the sheet ([0007]; [0114-0115]) (corresponding to the plurality of walls and the plurality of beams originate from a single sheet of film).
FIGS. 8G and 8H further show the plurality of walls include first, second and third wall portions, the first and second wall portion are not parallel each other and have top and bottom opposing edges that define a height of the wall (corresponding to each respective wall in the plurality of walls comprises multiple first, second, and third wall portions, wherein the first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the wall). FIGS. 8G and 8H further show the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the each wall of the plurality of walls, given that the third wall does not extend the height of the wall region (corresponding to the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the wall).
FIGS. 8G and 8H further shows the first, second and third wall portions each have a thickness that is the smallest dimension of the wall portion (corresponding to the first, second, and third wall portions each have a thickness that is the smallest dimension of the wall portion). Corrigan further teaches the wall thickness is between about 0.001 inch and about 5 inch ([00141]). FIGS. 8G and 8H shows the thickness of the walls are uniform from the top edge to the bottom edge for the first and second wall portions (corresponding to at a given plane intersecting one of the first wall portions or one of the second wall portions and perpendicular to the to edge and the bottom edge, a thickness of the top edge is plus or minus ten percent of a thickness at the bottom edge). FIGS. 8G and 8H show the third wall portion is connected with at least some beams 820 (corresponding to the third wall portions are connected with at least some of the plurality of beams connecting the adjacent walls).
FIGS. 8G and 8H further shows the wall has a fourth wall portion, the fourth wall portion having bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall and connected with beams (corresponding to each respective wall in the plurality of walls further comprises fourth wall portions, wherein the fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall, and wherein the fourth wall portions are connected with others of the plurality of beams connecting the adjacent walls).
Corrigan expressly teaches the tension activated sheets of material provide increased or enhanced protection for things like packages being shipped or mailed ([0013]; [00109]; [00150]).
In light of the motivation of Corrigan, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the core portion of Prud’homme be the tension activated cushioning material, in order to provide increase or enhanced protection to the flexible packaging material, and thereby arriving at the presently claimed invention.
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Given that the beams extend parallel to the top edge and bottom edge of the core portion of Prud’homme in view of Corrigan, it is clear the beams will be positioned parallel to the face members or liners of the packaging material (corresponding to one or more beams of the plurality of beams being positioned parallel to one or both of the first substrate or the second substrate).
In reference to claim 2, Prud’homme in view of Corrigan teaches the limitations of claim 1, as discussed above. Prud’homme further teaches the face members include several superposed paper plies comprising cellulosic fibers such as wood fibers and resins or polymers ([0036]-[0037]; [0054]) (corresponding to at least one of the first substrate or the second substrate comprise a panel comprising at least one of wood or a polymer composite).
In reference to claim 3, Prud’homme in view of Corrigan teaches the limitations of claim 1, as discussed above. Prud’homme further teaches the flexible packaging material is rollable onto itself in a spiral shape (Prud’homme, [0013]). Thus, it is clear the face members are curved when the packaging is rolled (corresponding to at least one of the first substrate or the second substrate is curved).
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In reference to claim 5, Prud’homme in view of Corrigan teaches the limitations of claim 4, as discussed above. FIG. 8G, provided below, shows adjacent walls including a first wall and a second wall have at least some of the beams connected to the third wall portions of the first and second walls, and the others of the plurality of beams are connected to the fourth wall portions of the first wall and a third wall opposite the second wall (corresponding to the adjacent walls comprise first and second walls, and wherein the at least some of the plurality of beams connect to the third wall portions of the first and second walls, and wherein the others of the plurality of beams connect to the fourth wall portions of the first wall and a third wall, opposite the second wall).
In reference to claim 6, Prud’homme in view of Corrigan teaches the limitations of claim 1, as discussed above. FIG. 7B-D, provided below, show the sheet material includes beams comprising ribbons having an undulated shape (corresponding to the plurality of beams further comprises a ribbon having an undulating shape). It would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the core portion include undulated beams, in order to allow the core portion to withstand exposure to greater loads applied in the normal axis relative to other multi-slit pattered structures without
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being crushed (Corrigan, [00109]).
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al. (WO 2021/130612) (Corrigan‘612) in view of Cheich et al. (WO 2021/183570) (Cheich).
In reference to claims 1-2 and 4-5, Corrigan‘612 teaches a tension-activated expanding article used as cushioning films and/or packaging materials ([0001]) (corresponding to an article comprising a paper spacer). FIGS. 17B and 17D, provided below, show the tension activated material 1700 includes a plurality of walls spaced apart from each other and a plurality of beams axial 1720 ([00215]) (corresponding to the spacer comprising a plurality of walls spaced apart from each other and a plurality of beams connecting adjacent walls of the plurality of walls). The axial beams are connected to undulating beams 1730a (FIGS. 17B and 17D) (corresponding to the plurality of beams further comprises a ribbon having an undulating shape).
The single-slit pattern that forms the expanded material is formed in a single sheet ([00210]) (corresponding to the plurality of walls and the plurality of beams originate from a single sheet of film).
FIGS. 17B and 17D show each respective wall of the plurality of walls comprises multiple first, second, third and fourth wall portions, wherein the first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions (corresponding to each respective wall of the plurality of walls comprises multiple first, second, and third wall portions, wherein he first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions; each respective wall of the plurality of walls further comprises fourth wall portions). FIGS. 17B and 17D further show the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the each wall of the plurality of walls, given that the third wall does not extend the height of the wall region. The fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall, given that the fourth wall does not extend the height of the wall region (corresponding to
the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the wall; the fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall).
FIGS. 17B and 17D show that the third and fourth walls are connected to the axial beams (corresponding to the third wall portions are connected with at least some of the plurality of beams connecting the adjacent walls; the fourth wall portions are connected with others of the plurality of beams connecting the adjacent walls of the plurality of walls; the adjacent walls comprises first and second walls, and wherein the at least some of the plurality of beams connect to the third wall portions of the first and second walls, and wherein the others of the plurality of beams connects the fourth wall portions of the first wall and a third wall, opposite the second wall, or the at least some of the plurality of beams connect to the third wall portions of the first wall and to the fourth wall portions of the second wall, wherein the others of the plurality of beams connect to the fourth wall portions of the first wall and to the third wall portions of a third wall).
FIGS. 17B and 17D further shows the first, second and third wall portions each have a thickness that is the smallest dimension of the wall portion (corresponding to the first, second, and third wall portions each have a thickness that is the smallest dimension of the wall portion). FIGS. 17B and 17D shows the thickness of the walls are uniform from the top edge to the bottom edge for the first and second wall portions (corresponding to at a given plane intersecting one of the first wall portions or one of the second wall portions and perpendicular to the to edge and the bottom edge, a thickness of the top edge is plus or minus ten percent of a thickness at the bottom edge).
Corrigan‘612 does not explicitly teach the tension activated material is between a first substrate and a second substrate, as presently claimed. However, Corrigan‘612 teaches the tension activated material is an energy absorbing structure is used to protect objects for shipping or storage ([00275-00276]).
Cheich teaches a dunnage pad including a partially expanded slit-sheet material fixed between a top cover and a bottom cover (p.2, lines 6-8; p. 7, lines 7-9) (corresponding to a first substrate; a second substrate; and a spacer between the first substrate and the second substrate). The top cover and the bottom cover may be any suitable sheet material such as paper, plastic sheets, metal foil or any combination thereof (p. 13, lines 3-7) (corresponding to at least one of the first substrate or the second substrate comprises metal or a polymer composite).
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In light of the disclosure of Cheich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the tension activated material of Corrigan‘612 be placed between a top cover and a bottom cover, in order to provide a pad for protecting objects for shipping, and thereby arriving at the presently claimed invention.
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Claims 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al. (WO 2021/130613) (Corrigan‘613) in view of Cheich.
In reference to claim 1-2 and 4-5, Corrigan‘613 teaches a tension-activated expanding article used as cushioning films and/or packaging materials ([0001]) (corresponding to an article comprising a paper spacer). FIG. 4E, provided below, shows the tension activated material includes a plurality of walls 330 spaced apart from each other and a plurality of non-rotating beams 320 ([0068-0069]) (corresponding to the spacer comprising a plurality of walls spaced apart from each other and a plurality of beams connecting adjacent walls of the plurality of walls). The single-slit pattern that forms the expanded material is formed in a single sheet ([00210]) (corresponding to the plurality of walls and the plurality of beams originate from a single sheet of film).
FIG. 4E shows each respective wall of the plurality of walls comprises multiple first, second, third and fourth wall portions, wherein the first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions (corresponding to each respective wall of the plurality of walls comprises multiple first, second, and third wall portions, wherein he first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions; each respective wall of the plurality of walls further comprises fourth wall portions). FIG. 4E further show the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the each wall of the plurality of walls, given that the third wall does not extend the height of the wall region. The fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall, given that the fourth wall does not extend the height of the wall region (corresponding to the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the wall; the fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall).
FIG. 4E shows that the third and fourth walls are connected to the axial beams (corresponding to the third wall portions are connected with at least some of the plurality of beams connecting the adjacent walls; the fourth wall portions are connected with others of the plurality of beams connecting the adjacent walls of the plurality of walls; the adjacent walls comprises first and second walls, and wherein the at least some of the plurality of beams connect to the third wall portions of the first and second walls, and wherein the others of the plurality of beams connects the fourth wall portions of the first wall and a third wall, opposite the second wall, or the at least some of the plurality of beams connect to the third wall portions of the first wall and to the fourth wall portions of the second wall, wherein the others of the plurality of beams connect to the fourth wall portions of the first wall and to the third wall portions of a third wall). FIG. 4E further shows the first, second and third wall portions each have a thickness that is the smallest dimension of the wall portion (corresponding to the first, second, and third wall portions each have a thickness that is the smallest dimension of the wall portion). FIG. 4E shows the thickness of the walls are uniform from the top edge to the bottom edge for the first and second wall portions (corresponding to at a given plane intersecting one of the first wall portions or one of the second wall portions and perpendicular to the to edge and the bottom edge, a thickness of the top edge is plus or minus ten percent of a thickness at the bottom edge).
Corrigan‘613 does not explicitly teach the tension activated material is between a first substrate and a second substrate, as presently claimed. However, Corrigan‘613 teaches the tension activated material is an energy absorbing structure is used to protect objects for shipping or storage ([00141-00142]).
Cheich teaches a dunnage pad including a partially expanded slit-sheet material fixed between a top cover and a bottom cover (p.2, lines 6-8; p. 7, lines 7-9) (corresponding to a first substrate; a second substrate; and a spacer between the first substrate and the second substrate). The top cover and the bottom cover may be any suitable sheet material such as paper, plastic sheets, metal foil or any combination thereof (p. 13, lines 3-7) (corresponding to at least one of the first substrate or the second substrate comprises metal or a polymer composite).
In light of the disclosure of Cheich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the tension activated material of Corrigan‘613 be placed between a top cover and a bottom cover, in order to provide a pad for protecting objects for shipping, and thereby arriving at the presently claimed invention.
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Claims 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al. (WO 2021/130659) (Corrigan‘659) in view of Cheich.
In reference to claims 1-2 and 4-5, Corrigan‘659 teaches a tension-activated expanding article used as cushioning films and/or packaging materials ([0001]) (corresponding to an article comprising a paper spacer). FIG. 8G, provided below, shows the tension activated material includes a plurality of walls 830 spaced apart from each other and a plurality of axial beams 820 ([00107-00114]) (corresponding to the spacer comprising a plurality of walls spaced apart from each other and a plurality of beams connecting adjacent walls of the plurality of walls).
FIG. 8G shows each respective wall of the plurality of walls comprises multiple first, second, third and fourth wall portions, wherein the first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions (corresponding to each respective wall of the plurality of walls comprises multiple first, second, and third wall portions, wherein he first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions; each respective wall of the plurality of walls further comprises fourth wall portions). FIG. 8G further show the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the each wall of the plurality of walls, given that the third wall does not extend the height of the wall region. The fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall, given that the fourth wall does not extend the height of the wall region (corresponding to the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the wall; the fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall).
FIG. 8G shows that the third and fourth walls are connected to the axial beams (corresponding to the third wall portions are connected with at least some of the plurality of beams connecting the adjacent walls; the fourth wall portions are connected with others of the plurality of beams connecting the adjacent walls of the plurality of walls; the adjacent walls comprises first and second walls, and wherein the at least some of the plurality of beams connect to the third wall portions of the first and second walls, and wherein the others of the plurality of beams connects the fourth wall portions of the first wall and a third wall, opposite the second wall, or the at least some of the plurality of beams connect to the third wall portions of the first wall and to the fourth wall portions of the second wall, wherein the others of the plurality of beams connect to the fourth wall portions of the first wall and to the third wall portions of a third wall). FIG. 8G further shows the first, second and third wall portions each have a thickness that is the smallest dimension of the wall portion (corresponding to the first, second, and third wall portions each have a thickness that is the smallest dimension of the wall portion). FIG. 4E shows the thickness of the walls are uniform from the top edge to the bottom edge for the first and second wall portions (corresponding to at a given plane intersecting one of the first wall portions or one of the second wall portions and perpendicular to the to edge and the bottom edge, a thickness of the top edge is plus or minus ten percent of a thickness at the bottom edge).
Corrigan‘659 does not explicitly teach the tension activated material is between a first substrate and a second substrate, as presently claimed. However, Corrigan‘659 teaches the tension activated material is an energy absorbing structure is used to protect objects for shipping or storage ([00148-00149]).
Cheich teaches a dunnage pad including a partially expanded slit-sheet material fixed between a top cover and a bottom cover (p.2, lines 6-8; p. 7, lines 7-9) (corresponding to a first substrate; a second substrate; and a spacer between the first substrate and the second substrate). The top cover and the bottom cover may be any suitable sheet material such as paper, plastic sheets, metal foil or any combination thereof (p. 13, lines 3-7) (corresponding to at least one of the first substrate or the second substrate comprises metal or a polymer composite).
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In light of the disclosure of Cheich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the tension activated material of Corrigan‘659 be placed between a top cover and a bottom cover, in order to provide a pad for protecting objects for shipping, and thereby arriving at the presently claimed invention.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Corrigan et al. (WO 2021/130660) (Corrigan‘660) in view of Cheich.
In reference to claims 1-2 and 4-5, Corrigan‘660 teaches a tension-activated expanding article used as cushioning films and/or packaging materials ([0001]) (corresponding to an article comprising a paper spacer). FIG. 8G, provided below, shows the tension activated material includes a plurality of walls 830 spaced apart from each other and a plurality of axial beams 820 ([00107-00114]) (corresponding to the spacer comprising a plurality of walls spaced apart from each other and a plurality of beams connecting adjacent walls of the plurality of walls).
FIG. 8G shows each respective wall of the plurality of walls comprises multiple first, second, third and fourth wall portions, wherein the first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions (corresponding to each respective wall of the plurality of walls comprises multiple first, second, and third wall portions, wherein he first and second wall portions are not parallel to each other and each have top and bottom opposing edges that define a height of the first and second wall portions; each respective wall of the plurality of walls further comprises fourth wall portions). FIG. 8G further show the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the each wall of the plurality of walls, given that the third wall does not extend the height of the wall region. The fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall, given that the fourth wall does not extend the height of the wall region (corresponding to the third wall portions have top edges continuous with the top edges of the first and second wall portions but a smaller height than the height of the wall; the fourth wall portions have bottom edges continuous with the bottom edges of the first and second wall portions but a smaller height than the height of the wall).
FIG. 8G shows that the third and fourth walls are connected to the axial beams (corresponding to the third wall portions are connected with at least some of the plurality of beams connecting the adjacent walls; the fourth wall portions are connected with others of the plurality of beams connecting the adjacent walls of the plurality of walls; the adjacent walls comprises first and second walls, and wherein the at least some of the plurality of beams connect to the third wall portions of the first and second walls, and wherein the others of the plurality of beams connects the fourth wall portions of the first wall and a third wall, opposite the second wall, or the at least some of the plurality of beams connect to the third wall portions of the first wall and to the fourth wall portions of the second wall, wherein the others of the plurality of beams connect to the fourth wall portions of the first wall and to the third wall portions of a third wall). FIG. 8G further shows the first, second and third wall portions each have a thickness that is the smallest dimension of the wall portion (corresponding to the first, second, and third wall portions each have a thickness that is the smallest dimension of the wall portion). FIG. 4E shows the thickness of the walls are uniform from the top edge to the bottom edge for the first and second wall portions (corresponding to at a given plane intersecting one of the first wall portions or one of the second wall portions and perpendicular to the to edge and the bottom edge, a thickness of the top edge is plus or minus ten percent of a thickness at the bottom edge).
Corrigan‘660 does not explicitly teach the tension activated material is between a first substrate and a second substrate, as presently claimed. However, Corrigan‘660 teaches the tension activated material is an energy absorbing structure is used to protect objects for shipping or storage ([00123-00124]).
Cheich teaches a dunnage pad including a partially expanded slit-sheet material fixed between a top cover and a bottom cover (p.2, lines 6-8; p. 7, lines 7-9) (corresponding to a first substrate; a second substrate; and a spacer between the first substrate and the second substrate). The top cover and the bottom cover may be any suitable sheet material such as paper, plastic sheets, metal foil or any combination thereof (p. 13, lines 3-7) (corresponding to at least one of the first substrate or the second substrate comprises metal or a polymer composite).
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In light of the disclosure of Cheich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the tension activated material of Corrigan‘660 be placed between a top cover and a bottom cover, in order to provide a pad for protecting objects for shipping, and thereby arriving at the presently claimed invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over each of Corrigan‘612/ Corrigan‘613/Corrigan‘659/ Corrigan‘660 in view of Cheich as applied to claim 1 above, and further in view of Hoffman et al. (US 2019/0100369) (Hoffman).
In reference to claim 3, Corrigan‘612/ Corrigan‘613/Corrigan‘659/ Corrigan‘660 in view of Cheich teaches the limitations of claim 1, as discussed above.
Corrigan‘612/ Corrigan‘613/Corrigan‘659/ Corrigan‘660 in view of Cheich does not explicitly teach at least one of the top cover or bottom cover is curved, as presently claimed.
Hoffman teaches a packaging cushion including a mesh cushion layer between a first outer layer and a second outer layer (Abstract; [0021]). The padded packaging cushion is wrapped around an item to provide protection ([0046]). Fig. 14 shows the layered packaging cushion wrapped around an item will include a curved portion where the first and second outer layers are curved (corresponding to at least one of the first substrate or the second substrate is curved).
In light of the disclosure of Hoffman, it would have been obvious to one of ordinary skill in the art before the effective filing date of the presently claimed invention to have the packaging material of Corrigan‘612/ Corrigan‘613/Corrigan‘659/ Corrigan‘660 in view of Cheich wrap around an item to be shipped or stored, in order to provide protection to the item, and thereby arriving at the presently claimed invention.
Response to Arguments
In response to amended claim 1, the previous Claim Objection and 35 USC 112(b) rejections of record are withdrawn.
Applicant primarily argues:
“Prud'homme discloses a honeycomb material formed by a specific stack-and-expand manufacturing process. Paragraph [0030] of Prud'homme teaches that the core is manufactured by applying spaced apart, parallel glue strips across each of a plurality of sheets superimposing aligned sheets and thereafter expanding the said edge portion to form the core. Ideally, this results in a honeycomb structure with hexagonal cells (See Prud'homme, Fig. 1). The structural integrity and function of Prud'homme's core rely on this stacked, glued, and expanded geometry.
In contrast, Corrigan discloses a single-sheet, tension-activated material. Corrigan's structure is formed not by stacking and gluing separate sheets, but by cutting a specific slit pattern into a single sheet and applying tension to rotate regions of that sheet out of the plane (See Corrigan, [0063], Fig. 8G).
Substituting the stacked honeycomb core of Prud'homme with the single, tension- activated slit sheet of Corrigan would fundamentally change the principle of operation of Prud'homme's invention. It would require abandoning the stacking and gluing manufacturing process that defines Prud'homme's core in favor of a completely different tension-activation mechanism. A combination that changes the principle of operation of the prior art invention is not prima facie obvious (MPEP 2143.01(VI)).”
Remarks, p. 8
The examiner respectfully traverses as follows:
Prud’homme teaches a flexible packaging material including a geometrically pattered structure core portion (Abstract; [0002]). While Prud’homme teaches the core portion may be manufactured by applying spaced apart, parallel glue strips across each of a plurality of sheets superimposing aligned sheets and thereafter expanding the said edge portion to form the core. However, Prud’homme does not exclude other methods of forming the core such as cutting a specific slit pattern into a single sheet and applying tension to rotate regions of that sheet out of the plane.
Prud’homme and Corrigan are both drawn to packaging materials including layers having a lattice structure. Further, Corrigan provides proper motivation to combine, namely to provide increased or enhanced protection to the flexible packaging material. Given that Prud’homme is drawn to a flexible packaging material including a core portion and not drawn to a method of making the core portion nor excludes the core portion being made by a tension-activated expanding sheet, it is the examiner’s position absent evidence to the contrary that modifying the cellular core of Prud’homme to be the tension activated cushioning material of Corrigan would not change the principle operation of the flexible packaging material of Prud’homme.
It is noted that each Corrigan reference is prior art under both 35 USC 102(a)(1) and 102(a)(2). However, Corrigan is a grace period disclosure. The Applicant can invoke exception 35 USC 102(b)(2)(C) by including a statement of common ownership in the remarks. See MPEP 2154.02(c). Such a statement will disqualify Corrigan as prior art under 35 USC 102(a)(2). If the subject matter disclosed by Corrigan and relied on to teach the claimed limitations was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor, the Applicant can file a declaration to invoke 35 USC 102(b)(1)(A) and disqualify Corrigan as prior art under 35 USC 102(a)(1). See MPEP 2155.01.
Applicant further argues:
“The Patent Office asserts that Corrigan teaches these features (citing Corrigan Figs. 8G, 8H). However, Corrigan discloses a tension-activated sheet where the beams 820 are non- rotating beams that remain generally in the plane of the sheet while the folding wall regions 830 rotate (See Corrigan, [0119]-[0120]). If Corrigan's sheet were used as a core between two substrates (as in Prud'homme), the beams would be suspended in the mid-plane between the substrates.
However, typically in a honeycomb core like Prud'homme, the walls extend fully from one liner to the other to provide compressive strength. There are no beams connecting adjacent walls in the manner claimed; the walls themselves connect at the glue lines. Thus, by introducing Corrigan's floating beams into Prud'homme's rigid honeycomb context, the proposed combination would create a structure that lacks the necessary compressive continuity of the primary reference while also failing to inherently provide the specific smaller height wall geometry in the context of a bonded spacer.
Furthermore, claim 1 requires the beams to be positioned parallel to one or both of the first substrate or the second substrate. Even to the extent that Corrigan's beams may be interpreted as being parallel to the sheet plane, creating a spacer where these beams are permanently fixed parallel to bonded substrates (e.g., liners) would negate the tension-activation mechanism of Corrigan. If the liners are bonded before expansion, the sheet cannot expand. If bonded after, the tension-activated nature is lost, and the beams are merely internal struts.
The Patent Office has not articulated a motivation or rational reason for why person having ordinary skill in the art would take a tension-dependent, flexible sheet like Corrigan and freeze it inside the rigid, bonded liner construction of Prud’homme, thereby stripping it of its primary tension-activated utility.
Thus, the proposed combination is based on hindsight reconstruction. It forces a tension-activated slit film (Corrigan) into the context of a stacked honeycomb packaging material (Prud’homme), changing the principle of operation of the primary reference.”
Remarks, p. 9-10
The examiner respectfully traverses as follows:
In response to Applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
While Prud’homme teaches a flexible honeycomb type structure as the geometrical pattered structure of the core portion, Prud’homme further teaches the core portion can include any other lattice structure and/or geometrically pattered structure which provides enhanced strength for supporting and protecting loads creating an air space as a result of that structure ([0010]; [0027]). Corrigan discloses such a structure.
Prud’homme and Corrigan are both drawn to packaging materials including layers having a lattice structure. Corrigan provides proper motivation to combine, namely to provide increased or enhanced protection to the flexible packaging material. Therefore, one of ordinary skill in the art would be motivated to use the tension activated (i.e., expanded) cushioning material of Corrigan as the geometrical patterned structure of the core portion of Prud’homme. Further, there is no evidence that using the expanded (i.e., tension activated) cushioning material of Corrigan in a sandwich panel would strip it of its primary tension-activated utility, given that once the sheet is expanded its tension activated utility is achieved.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary I Omori whose telephone number is (571)270-1203. The examiner can normally be reached M-F 8am-4pm.
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/MARY I OMORI/Primary Examiner, Art Unit 1784
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