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 without traverse of Group I (Claims 1-6 and 12-14) in the reply filed on 11/01/2025 is acknowledged.
Claims 7-11 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/01/2025.
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.
Claim 5 is 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 5 recites two instances of the limitation "the layer" in line 9-10. It is unclear if the layer is referring back to the film layer or the outfit layer recited previously in Claim 5. For the purpose of examination, the layer is assumed to be the film layer.
Claim 6 recites two instances of the limitation "the layer" in line 9-10. It is unclear if the layer is referring back to the film layer or the outfit layer recited previously in Claim 5. For the purpose of examination, the layer is assumed to be the film layer.
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) 1-3, 6, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baines (US 9,623,622).
1: Baines teaches a packing bag (bag generally shown in Figure 1-10), comprising: a film layer (layer generally shown as 10) having a first transverse sealing edge (sealing edge at 23), a second transverse sealing edge (sealing edge at 21, Figure 10), a longitudinal sealing edge (edge at 20, Figures 1 and 10) and a folding line (fold line at 22), the film layer being folded along the folding line, the longitudinal sealing edge being opposite to the folding line (20 is opposite 22, see Figure 10), the first transverse sealing edge being connected to the longitudinal sealing edge (first sealing edge 23 connected to 20 where 23 and 20 meets, and where 23 and 22 meets Figures 1 and 10) and the folding line, the second transverse sealing edge being connected to the longitudinal sealing edge (second sealing edge 21 connected to 20 where 21 and 20 meets, and where 21 and 22 meets Figures 1 and 10) and the folding line and opposite to the first transverse sealing edge, the first transverse sealing edge (21 is opposite 23), the second transverse sealing edge,
the longitudinal sealing edge and the folding line collectively forming an accommodating space, the accommodating space (space within 100, cavity 101, Figure 11) being for accommodating an object (capable of accommodating an unclaimed object, 102, Figure 11); and at least one airbag disposed on the film layer, the at least one airbag (one of air columns 12 or 14, Figures 1 and 10) transitioning from a flat state (generally flat state in Figures 1 and 10) to an inflated state by being inflated (inflated state in Figure 12).
2: Baines teaches the invention as discussed above for Claim 1 and Baines further teaches that the film layer further has a first film edge and a second film edge (see Figure 10 below); after the film layer is folded along the folding line (see film layer folded along the fold line), the first film edge is corresponding to the second film edge and the first film edge and the second film edge define an opening (see opening in Figure 10); and the longitudinal sealing edge is for sealing the first film edge and the second film edge, so as to seal the opening (the edge has an end flap, which folds along the longitudinal sealing edge to seal the opening).
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3: Baines teaches the invention as discussed above for Claim 2 and Baines further teaches that the first transverse sealing edge of the film layer is formed by a transverse sealing portion (23 forms a sealing portion), the object (unclaimed object is capable of entering through the opening) enters the accommodating space through the opening, a part of the film layer (the air chambers) near the first transverse sealing edge is driven by an activation mechanism (when air is filled) when the unclaimed object enters the accommodating space, such that the first film edge and the second film edge are collectively formed the longitudinal sealing edge by a longitudinal sealing portion (the longitudinal sealing portion is formed along the longitudinal sealing edge, which is along the first and second film edge).
6: Baines teaches the invention as discussed above for Claim 1 and Baines further teaches that the film layer has a film outer surface and a film inner surface, the film inner surface defines the accommodating space (see Figure 10 above), the film outer surface and the film inner surface are respectively located on opposite sides of the film layer (see Figure 10 above), the packing bag further comprises: an identification component selectively disposed at least one of on the layer outer surface (component 66A-C, which can be a logo located on the film layer, Figure 6), on the layer inner surface, in the accommodating space and on the object; wherein the identification component is for providing an identification message.
12: Baines teaches a packing bag (bag generally shown in Figure 1-12), comprising: a film layer (layer generally shown as 10) having a first transverse sealing edge (sealing edge at 23), a second transverse sealing edge (sealing edge at 21, Figure 10), a longitudinal lug sealing edge (edge at 20, Figures 1 and 10), a first folding portion and a second folding portion (see fold portions at Figure 12 below), the first transverse sealing edge being opposite to the second transverse sealing edge (23 and 21 are opposite one another), the first folding portion being opposite to the second folding portion (20 is opposite 22, see Figure 10); wherein the longitudinal lug sealing edge is connected to the first transverse sealing edge and the second transverse sealing edge (23 and 21 connected to the lug sealing edge, when 23/21 meets the lug sealing edge, see Figure 10 below), and located between the first folding portion and the second folding portion; the first transverse sealing edge, the second transverse sealing edge (see lug sealing edge between the first and second fold, when the package is stood on the folded end, when viewed from directly above or directly below), the longitudinal lug sealing edge, the first folding portion and the second folding portion are collectively forming an accommodating space (space within 100, cavity 101, Figures 11-12); the accommodating space is for accommodating an object (capable of accommodating an unclaimed object, 102, Figure 11); and at least one airbag disposed on the film layer (one of air columns 12 or 14, Figures 1 and 10), the at least one airbag transitioning from a flat state (generally flat state in Figures 1 and 10) to an inflated state by being inflated (inflated state in Figure 12).
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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.
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.
Claim(s) 4-5 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baines (US 9,623,622) in view of Wehrmann (US 2022/0340351).
4: Baines teaches the claimed invention as discussed above for Claim 1 except an outfit layer covering the film layer, the outfit layer having a first outfit edge and a second outfit edge, two sides of the outfit layer are respectively combined with the first transverse sealing edge and the second transverse sealing edge of the film layer, the outfit layer and the film layer are collectively folded by the folding line, such that the first outfit edge and the second outfit edge of the outfit layer are combined with the longitudinal sealing edge.
Wehrmann teaches an outer layer generally shown as 612, (Figure 8B) where in the outer layer have a first and second outfit edge (see Figure 8B below), where in the first and second outfit edges are capable of lining up with the top edges and folding edges of the interior liner (see Figure 8B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baines such that the teaching of an outer layer was provided over an interior layer, wherein the outer layer upper edges are capable of lining up with the interior layer and the top fold line at the first outfit edge was applied, in order to further protect the interior layer and objects contained within from damage.
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5: Baines-Wehrmann teaches the claimed invention as discussed above for Claim 4 and the modified Baines-Wehrmann further teaches that the film layer has a film outer surface (see Figure 10 above of Baines) and a film inner surface (see Figure 10 above of Baines), the film inner surface defines the accommodating space (the accommodating space is defined by the inner surface of the film of Baines), the film outer surface and the film inner surface are respectively located on opposite sides of the film layer (see Figure 10, where the outer and inner surfaces are located on opposing sides, interior vs. exterior of Baines), the outfit layer has an outfit outer surface and an outfit inner surface (see Figure 8B above of Wehrmann), the outfit outer surface faces the film inner surface, the outfit outer surface and the outfit inner surface are located on opposite sides of the outfit layer (see Figure 8B above of Wehrmann), the packing bag further comprises: an identification component selectively disposed at least one of on the layer outer surface (component 66A-C of Baines, which can be a logo located on the film layer, Figure 6, of the inner layer of the modified Baines-Wehrmann), on the layer inner surface, in the accommodating space, on the outfit outer surface, on the outfit inner surface, between the outfit inner surface and the film outer surface and on the object; wherein the identification component is for providing an identification message.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baines-Wehrmann such that the teaching of the combination of the elements were applied in order to provide a visual indicia to convey information quickly to a user.
13: Baines-Wehrmann teaches the claimed invention as discussed above for Claim 12 and the modified Baines-Wehrmann further teaches that the film layer has a film outer surface (see Figure 10, under claim 12, above of Baines) and a film inner surface (see Figure 10, under claim 12, above of Baines), the film inner surface defines the accommodating space (the accommodating space is defined by the inner surface of the film, see Figure 10, under claim 12, above of Baines), the film outer surface and the film inner surface are respectively located on opposite sides of the film layer (see Figure 10, under claim 12, above of Baines, where the outer and inner surfaces are located on opposing sides, interior vs. exterior of Baines), the outfit layer has an outfit outer surface and an outfit inner surface (see Figure 8B above of Wehrmann), the outfit outer surface faces the film inner surface, the outfit outer surface and the outfit inner surface are located on opposite sides of the outfit layer (see Figure 8B above of Wehrmann), the packing bag further comprises: an identification component selectively disposed at least one of on the layer outer surface (component 66A-C, which can be a logo located on the film layer, Figure 6 of Baines, of the inner layer of the modified Baines-Wehrmann), on the layer inner surface, in the accommodating space, on the outfit outer surface, on the outfit inner surface, between the outfit inner surface and the film outer surface and on the object; wherein the identification component is for providing an identification message.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baines-Wehrmann such that the teaching of the combination of the elements were applied in order to provide a visual indicia to convey information quickly to a user.
14: Baines teaches the claimed invention as discussed above for Claim 12 except an outfit layer covering the film layer, the outfit layer having a first outfit edge and a second outfit edge, two sides of the outfit layer are respectively combined with the first transverse sealing edge and the second transverse sealing edge of the film layer, the outfit layer and the film layer are collectively folded by the folding line, such that the first outfit edge and the second outfit edge of the outfit layer are combined with the longitudinal sealing edge.
Wehrmann teaches an outer layer generally shown as 612, (Figure 8B) where in the outer layer have a first and second outfit edge (see Figure 8B above), where in the first and second outfit edges are capable of lining up with the top edges and folding edges of the interior liner (see Figure 8B above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Baines such that the teaching of an outer layer was provided over an interior layer, wherein the outer layer upper edges are capable of lining up with the interior layer and the top fold line at the first outfit edge was applied, in order to further protect the interior layer and objects contained within from damage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272 - 4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/King M Chu/Primary Examiner, Art Unit 3735