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 § 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.
Claim(s) 1-10 & 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neal et al. (U.S. Pub. No. 2023/0066112).
Regarding claim 1: Neal discloses a flight of wicketed envelopes, the flight comprising:
a plurality of container units (Figs. 1-2; via mailer packages 104; each envelope could be considered as a single unit; stacked envelopes 104 are plurality of “units”), each including:
an envelope (via 104), comprising:
first flexible wall (via inner surface of package 104);
a second flexible wall (via outer surface 116) overlying the first flexible wall and fixed to the first flexible wall about at least a portion of a pocket border, which pocket border encloses a pocket defined between the walls and configured and dimensioned to contain an item (via cavity 118), at least one of the walls defining a pocket opening allowing access to the pocket from an exterior of the envelope for loading the item into the pocket, see for example (Figs. 1, 5-7; via the shown envelopes with openings); and
a wicketing flap removably connected to the envelope (via 102), via a region of weakness located between the wicketing flap and the envelope, see for example (Figs. 1-4; via the shown top perforation line 126) and configured to facilitate separation of the wicketing flap from the envelope (intended use limitations of the flap; not given much patentable weight), the wicketing flap having a first and a second hole formed therein (via holes 110a/110b) and configured to receive respective portions of a wicket to suspend the container unit from the wicket (intended use limitations of the holes; not given much patentable weight);
wherein the wicketing flaps of the plurality of container units are affixed to each other at multiple transverse locations on each of the wicketing flaps, see for example (Fig. 2; via coupling locations 106) to cumulatively define a wicketing spine (paragraph 0032; “the wickets 110a, 110b of the fixed release liners 102 may be utilized to fixedly couple the fixed release liners 102 to an external surface”), such that the spine has an elevated rigidity and resistance to tearing in relation to a single one of the wicketing flaps (Figs. 2-3; via shown flexibility at the top portion of the flaps).
Neal may not suggest the amended claims as filed on 01/12/2026 referring to the multiple transverse locations including a first transverse location between the first hole and an adjacent first side edge of the wicketing flap, a second transverse location between the first and second holes, and a third transverse location between the second hole and an adjacent second side edge of the wicketing flap.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention to have modified Neal’s multiple transverse locations to be in different number and/or positioned differently on the flaps, such as a first transverse location to be between the first hole and an adjacent first side edge of the wicketing flap, a second transverse location to be between the first and second holes, and a third transverse location to be between the second hole and an adjacent second side edge of the wicketing flap, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 and/or rearranging parts of an invention also involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Being that said, the Office further takes an official notice that a use of three different affixing points at different location on the flaps to be positioned at a first transverse location between the first hole and an adjacent first side edge of the wicketing flap, a second transverse location between the first and second holes, and a third transverse location between the second hole and an adjacent second side edge of the wicketing flap, is old and known, see for example (U.S. Pub. No. 2002/0112452, Figs. 1-2; via the shown unitizing areas 66, 68, 69 between holes 70/72 and edges of the flap).
Regarding claim 2: wherein the spine is configured to distribute at least a portion of a force exerted on one of the container units to the wicketing flaps of at least some of the other container units, see for example (paragraph 0032; “stacked packaging system 100 is mounted to the external surface, a packaging employee or worker may then quickly and easily remove the one or more mail packages 104 from the fixed release liners 102 fixedly coupled to the external surface by simply pulling on respective ones of the mail packages 104 removing them one by one from the fixed release liners 102”).
Regarding claim 3: wherein the force is a pulling force (via “simply pulling on respective ones”).
Regarding claim 4: wherein:
the spine is configured to be held on a wicket (via wickets 110a & 110b); and
the wicketing flap is configured to detach from the first flexible wall in response to the pulling force (via detaching flaps 102 from the walls of envelope 104), the pulling force being exerted on one or both of the first and second flexible walls in a direction away from the wicket (via “fixed release liners 102 fixedly coupled to the external surface by simply pulling on respective ones of the mail packages 104 removing them one by one from the fixed release liners 102”).
Regarding claim 5: wherein the wicketing flap is configured to engage a wicket to suspend the container unit from the wicket, and to remain engaged with the wicket upon separating from the envelope (paragraph 0032; “one or more wickets 110a, 110b of the fixed release liners 102, and the pins may then be inserted into the external surface to fixedly coupled of stationarily mount the fixed release liners 102 to the external surface by pushing the pins into the external surface”).
Regarding claim 6: wherein the wicketing flap is removably connected to the first wall (via tear strip 128).
Regarding claim 7: wherein the wicketing flaps of the plurality of container units are configured to be stacked to further cumulatively define the wicketing spine, see for example (Figs. 1-4; via the shown stacked containers 104 and/or paragraph 0032; “the wickets 110a, 110b of the fixed release liners 102 may be utilized to fixedly couple the fixed release liners 102 to an external surface”).
Regarding claim 8: further comprising at least five of the container units, see for example (Figs. 1-4; appears to be more than 5 stacked envelope units).
Regarding claim 9: wherein:
the envelope further comprises: a closure flap that adjoins, and is disposed between the first flexible wall and the wicketing flap (via closure ends 108 and/or closure flap 114); and a sealing element disposed on at least one of the closure flap and the second flexible wall (via “After removing the mailer package 104, at least enough of the adhesive layer remains on the closure flap 114 such that enough of the adhesive layer is left behind and remains on the closure flap 114 for adhering the closure flap 114 to an outer surface 116 of the mailer package 104”);
the wicketing flap is removably connected to the closure flap (via “Each one of the one or more mailer packages 104 is removably coupled to each one of the one or more flaps 112 of the fixed release liners 102 by a corresponding adhesive layer”);
the closure flap is configured to rotate from a first position, to a second position at which the closure flap covers the pocket opening to retain the item in the pocket; and
the sealing element is configured to form a closure seal that fixes the closure flap to the second flexible wall when the closure flap is in the second position, (via “adhering the closure flap 114 to an outer surface 116 of the mailer package 104”; inherently flap 114 rotates to reach out and seal into outer surface 116).
Regarding claim 10: wherein:
the pocket is sealed on a first, a second, and a third side of the pocket, and is open on a fourth side of the pocket when the closure flap is in the first position (Figs. 1-4; via the shown closed three sides of envelope 104 and being open in the top side to be sealed by the closure flap 114; and
the pocket is sealed on the first, second, third, and fourth sides of the pocket when the closure flap is fixed in the second position by the closure seal (via closing the top opening with the closure flap 114).
Regarding claim 13: wherein:
the wicketing flaps of the plurality of container units are connected by at least one of a staple, a clamp, and an adhesive (paragraph 0032; via “one or more pin(e.g., tacks, nails, or some other suitable type of structure or component)”); and
the at least one of a staple, a clamp, and an adhesive is configured to transmit at least a portion of the force to the wicketing flaps of the other container units (via “the pins may then be inserted…by pushing the pins into the external surface”).
Regarding claim 14: wherein at least one of the first and second flexible walls comprises paper (via “mailer package 104”, inherently made of paper).
Regarding claim 15: wherein the wicketing flap has at least two of holes formed therein (via 110a & 110b), the holes being configured to receive a respective first and second leg of the wicket (paragraph 0032; “via pins”).
Regarding claim 16: wherein:
the wicketing spine is further configured to hold each of the wicketing flaps in contact with one or more adjacent wicketing flaps within the flight of wicketed flaps, (paragraph 0032; “the wickets 110a, 110b of the fixed release liners 102 may be utilized to fixedly couple the fixed release liners 102 to an external surface”).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 & 13-16 have been considered but are moot because the new ground of rejection does not rely sole on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Office as set forth above believes that since the applied art of record Neal ‘112 discloses two flap fixing points at different locations on the flaps (Fig. 2; via coupling locations 106 on flap 112); a use of more than two fixing points on the flaps and to be positioned at different and specific location in respect to the end sides of the flap and made holes would be nothing more than a design choice to be made, since it has been held that duplication of parts and/or rearranging of parts would involves only routine skill in the art.
Further, the Office believes that such argued upon matter and amended claims referring to a specific number and location of those fixing points on the flaps in respect to made holes and sides of the flaps, is old and known as such specific number and arrangements clearly suggested and disclosed by U.S. Pub. No. 2002/0112452, Figs. 1-2; via unitarizing areas 66, 68, 69 between holes 70/72 and edges of flap 36.
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 SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731