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 § 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 - 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andersen (WO 2021/229057).
With regards to claim 1, Andersen teaches a method of manufacturing an insulating receptacle (Abstract) comprising providing a blank from one or more materials (Figure 3 item 24 and Figure 4 item 16), the blank formed from a unitary continuous material (page 14 line 11); and ultrasonic welding the blank to form the insulating receptacle (page 15 lines 8 – 11).
With regards to claim 2, the teachings of Andersen are presented above. Additionally, Andersen teaches that the method further comprises disposing an indicia on the blank prior to the ultrasonic welding of the blank (page 14 lines 5 – 9).
With regards to claim 3, the teachings of Andersen are presented above. Additionally, Andersen teaches that the blank is formed from at least one of a polyester weave material, a neoprene material, a foam material, a flexible material, a stretchy material, a liquid proof material, a liquid resistant material, and/or blends thereof (page 8 lines 19 – 21).
With regards to claim 4, the teachings of Andersen are presented above. Additionally, Andersen teaches that the blank includes a plurality of sides, each of the sides having one or more opposing edges (as seen in Figure 3 item 24).
With regards to claim 5, the teachings of Andersen are presented above. Additionally, Andersen teaches that the method comprises aligning an edge of one of the sires and an edge of another one of the sides prior to the ultrasonic welding of the blank (page 15 lines 18 – 23).
With regards to claim 6, the teachings of Andersen are presented above. Additionally, Andersen teaches that the ultrasonic welding occurs adjacent the edges of the sides to join the sides together (page 15 lines 9 – 11 and 18 – 23).
With regards to claim 7, the teachings of Andersen are presented above. Additionally, Andersen teaches that the ultrasonic welding of the blank is by a welding machine, and where the welding machine includes a fixture and a drive system having a welding horn (page 15 lines 25 – 31 and page 16 lines 1 – 21).
With regards to claim 8, the teachings of Andersen are presented above. Additionally, Andersen teaches that the fixture and/or the welding horn includes one or more engagement/welding elements (page 15 lines 25 – 31 and page 16 lines 1 – 21).
With regards to claim 9, the teachings of Andersen are presented above. Additionally, Andersen teaches that the one or more engagement/welding elements of the fixture includes one or more protuberances formed thereon (page 17 lines 4 – 22).
With regards to claim 10, the teachings of Andersen are presented above. Additionally, Andersen teaches that a distance between each of the protuberances is about 2.5 mm (page 17 lines 4 – 22).
With regards to claim 11, the teachings of Andersen are presented above. Additionally, Andersen teaches that the one or more protuberance is a plurality of teeth formed on the one or more engagement/welding elements of the fixture (page 17 lines 4 – 22).
With regards to claim 12, the teachings of Andersen are presented above. Additionally, Andersen teaches that the one or more engagement/welding elements of the welding horn includes one or more protuberances formed thereon (page 17 lines 4 – 22).
With regards to claim 13, the teachings of Andersen are presented above. Additionally, Andersen teaches that a distance between each of the protuberances is about 2.5 mm (page 17 lines 4 – 22).
With regards to claim 14, the teachings of Andersen are presented above. Additionally, Andersen teaches that the one or more protuberance is a plurality of teeth formed on the one or more engagement/welding elements of the fixture (page 17 lines 4 – 22).
With regards to claim 15, the teachings of Andersen are presented above. Additionally, Andersen teaches that the method comprises transporting the blank by a carrier shuttle (page 18 lines 1 – 10).
With regards to claim 16, the teachings of Andersen are presented above. Additionally, Andersen teaches that the ultrasonic welding has a total cycle time of about three seconds per insulating receptacle (page 17 lines 4 – 28).
With regards to claim 17, Andersen teaches a method of manufacturing an insulating receptacle (Abstract) comprising:
Providing a unitary continuous blank from one or more materials (Figure 3 item 24 and Figure 4 item 16, page 14 line 11), where the blank includes opposing sides having one or more edges and a bottom continuously formed with the opposing sides (as seen in Figure 3 item 24, page 14 line 11)
Folding the blank upon itself to move the sides towards each other and to align the one or more edges of the sides (page 15 lines 18 – 23)
Disposing the folded blank into a carrier shuttle (page 18 lines 1 – 10)
Transporting the folded blank to a welding machine by the carrier shuttle (page 18 lines 1 – 10), the welding machine including a welding horn and a fixture, each of the welding horn and the fixture includes a plurality of forming features (page 17 lines 4 – 22)
Ultrasonic welding the folded blank adjacent the edges of the sides to form the insulating receptacle (page 15 lines 8 – 11)
Transporting the welded blank form the welding machine (page 18 lines 1 – 10)
With regards to claim 18, the teachings of Andersen are presented above. Additionally, Andersen teaches that the method further comprises disposing an indicia on the blank prior to transporting the folded blank to the welding machine (page 14 lines 5 – 9).
With regards to claim 19, Andersen teaches an insulating receptacle (Abstract) comprising a blank formed from a unitary continuous material having opposing sides (page 14 line 11), where each of the sides includes one or more edges (Figure 3 item 24 and Figure 4 item 16) and an ultrasonic-welded seam adjacent each of the edges to form the insulating receptacle (page 15 lines 8 – 11).
With regards to claim 20, the teachings of Andersen are presented above. Additionally, Andersen teaches that an indicia is provided on the blank (page 14 lines 5 – 9).
Response to Arguments
Applicant's arguments filed January 2, 2026 have been fully considered but they are not persuasive.
Applicant argues that the amendment of stating that the materials comes from a unitary continuous blank overcomes the prior art of Andersen. The Examiner respectfully disagrees. Andersen states in page 14 line 11 that in one of the embodiments of the invention the sheet material can be provided in roll form, which indicates that the blanks comes from a unitary continuous blank. Prior to indicating that the materials may come in roll form it states that it can contain a crease line which makes the element easier to fold along a sharp line, indicating that it would fold the blank upon itself. Therefore Applicant’s argument that the amendment overcomes the rejection is not persuasive.
Regarding the argument that the prior art does not teach the distance between protuberances, the Examiner disagrees since it is stated in Andersen that the protuberances, which are defined as jaws, are moved towards each other to clamp the edges and weld them, in which during the movement the distance would be in a point about 2.5 mm (page 17 lines 4 – 22).
Conclusion
THIS ACTION IS MADE FINAL. 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 JOSHEL RIVERA whose telephone number is (571)270-7655. The examiner can normally be reached M-F 12pm - 8pm.
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/JOSHEL RIVERA/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746