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 .
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.
Election/Restrictions
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 13 March 2026.
Applicant's election with traverse of Group I, claims 1-19 in the reply filed on 13 March 2026 is acknowledged.
The traversal is on the ground(s) that because of the amendments to claim 20 and because claim 20 requires the structure of claim 1, the two inventions would not be a serious search or examination burden.
This is not found persuasive because applicant’s invention as written in claim 1 could read on objects not necessarily used for shipping items or for being placed in a shipping box. Finding the claimed structure of the device does not inherently result in discovering a product holder that cushions a product that is intended for a box. The claimed structure could be used as a product display stand, often packaging doubles as a product display stand and is not necessarily used as claimed. If the product claims are found allowable and the method claims include the allowable subject matter, the method claims will be rejoined at the time of allowance.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: the tapered inner walls do not have a reference character; this could be because the tapered inner walls and the wall structure are the same structures.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The channel structure shown in the figures has a curved shape rather than a recurve shape, as claimed.
A recurve shape is a curved shape that changes direction, like a bow or an ”s.” The channel of the figures does not show a channel that changes in direction (claims 3 and 10).
The recurve shape must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 5 and 13 are objected to because of the following informalities:
In claims 5 and 13, “from” should be “of.”
Appropriate correction is required.
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.
Claims 1-19 are 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.
Regarding claims 1 and 9:
The limitation, “the wall structure comprising a plurality of product contact portions” is indefinite. It is not clear if applicant intends to claim regions of the wall where a product is capable of contacting the wall structure or some structural feature. Is the term “product contact portions” meant to identify a particular structural aspect other than a region of the surface? For the purposes of examination, the product contact portions are interpreted as surfaces of the wall that do not have any structural modifications but are areas of the wall surface where a product could come in contact with the wall during use.
The limitations, “a tapered cushion disposed about a portion of the product receiving area to absorb impact in tri-axial vector directions, the tapered cushion having a plurality of shock value zones and comprising” (claim 1) and “a series of inverted tapered cushions that are adjacent to the product receiving area to absorb impact in tri-axial vector directions, wherein each inverted tapered cushion in the series of inverted tapered cushions has a plurality of shock value zones and comprises,” (claim 9) are indefinite. It is not clear if the limitations following comprising/comprises are further defining the tapered cushions in general or are specific to the shock value zones of the tapered cushions. For the purposes of examination, the former is assumed.
Claims 1 and 9 include both “a wall structure” and “a tapered inner wall.”
However, at least based on claims 5 and 13, “the wall structure comprises a curved portion… the tapered inner wall… comprises the curved portion,” that the wall structure and the tapered inner wall are the same wall and not two separate walls.
With this in mind claims 1 and 9 are misleading and suggest that two walls are present, the wall structure and the tapered inner wall; claims 1 and 9 have double inclusion of the wall structures. In addition, the wall structure and tapered inner wall portion are disclosed as being the same in the specification 24 in para [0045] and [0050], and later disclosed as being the same structures at least in claims 5 and 13.
Regarding claims 7 and 15, the limitation, “the tapered inner wall is defined by a first cone and the cushion outer wall is defined by a second cone,” is indefinite. What aspect of the wall is defined by a cone? What portion of the cone defines the wall? No cone is shown in the drawings. Defining a wall by a cone requires speculation and there is no clear meaning. For the purposes of examination, the invention is understood as having two curved walls that taper in opposite directions.
Regarding claim 12, what is the structure of a “a stress concentrator”? The term “stress concentrator” is vague and indefinite.
The claims not addressed above are rejected since they depend from a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 9-14, 18, and 19 are rejected under 35 U.S.C. 35 U.S.C. 102(a)(1) as being anticipated by Smith (US 6520337).
Regarding claims 1 and 9, Smith discloses, fig. 1, a product cushioning device for protecting a shock sensitive product, said product cushioning device comprising:
a wall at 24 defining a receiving area 16, the receiving area having a base 28 and an opening, the wall extends from the base to the opening, the product is capable of contacting the wall at plural contact portions, and
a series of inverted tapered cushions (fig. 4) disposed about a portion of the product receiving area to absorb impact in tri-axial vector (in at least three) directions, the tapered cushion having a plurality of shock value zones at 20 and comprising:
a tapered inner wall 24, fig. 3, proximate to the receiving area and extending from an end proximate to the base (28) to a second end proximate to the opening (top of the wall), and a curved, tapered outer wall at 20 (the edges of 20 are curved inward and are seen as tapering in cross section), fig. 2 and 4 (the taper is better seen in fig. 8); and
a compressible channel structure 30 connecting the tapered inner wall and the curved, tapered outer wall.
Regarding claims 2 and 18, Smith discloses the product cushioning device is formed of a single sheet of thermoform material, col. 10: 5-10, fig. 6.
Regarding claims 3 and 10, the compressible channel structure of fig. 1 has a recurve shape, the curve changes direction at least at 72, fig. 1.
Regarding claim 4, the compressible channel structure comprises a channel inner wall, fig. 2, connected to the second end (end near the opening) of the tapered inner wall by a first curved ridge 26, a curved channel base, at 30 fig 3, a second curved ridge (ridge above 20, fig. 3) connecting the curved channel base to the cushion outer wall.
Regarding claim 11, Smith discloses that the series of inverted tapered cushions comprises, fig. 4:
an end tapered cushion; and
an intermediate tapered cushion.
Regarding claim 12, As best as can be understood, the gaps at the corners disclosed by Smith, fig. 4, between the end tapered cushion and the intermediate tapered cushion are understood to be stress concentrators since they allow movement of the adjacent cushions.
Regarding claims 5, 6 and 13, Smith discloses that the wall structure comprises a curved portion at each corner that spans between adjacent product contact portions (straight sides) from the plurality of product contact portions (areas of the wall on opposite sides of the corners where a product can contact the wall), wherein the wall structure/tapered inner wall 24 of the intermediate tapered cushion comprises the curved portion, and a corresponding outer wall portions at corners of the cushion outer wall that spans between adjacent product contact portions of the plurality of product contact portions, fig. 1 and 4.
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Regarding claim 14, if the product contacts the wall structure intermittently, possibly at an end and at some of the side, then the cushion outer wall of the intermediate tapered cushion of Smith spans between the adjacent product contact portions, fig. 4.
Regarding claim 19, Smith discloses, fig. 1, that the product cushioning device is capable of being used as an end cap.
Allowable Subject Matter
Claims 7, 8, and 15-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claims 7 and 15, in as much as can be interpreted from the language regarding the cones, the available prior art does not teach a channel between two curved tapered concentric walls that taper in combination with the other claimed structure.
The claims not addressed above are allowable because they depend from a claim with indicated potential allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stephens et al. (US 6123200) discloses a channel at 60, fig. 1, and reads on at least claim 1.
Bontrager et al. (US 8511473) discloses a product cushioning with a channel at 114, fig. 1, and reads on at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLIE L IMPINK whose telephone number is (571)270-1705. The examiner can normally be reached Monday-Friday (7:30-3:30).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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MOLLIE LLEWELLYN IMPINK
Primary Examiner
Art Unit 3799
/MOLLIE IMPINK/Primary Examiner, Art Unit 3799