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 .
Specification
The abstract of the disclosure is objected to because of its length. The abstract should not contain more than 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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. Therefore, the “second width larger than the first width”, as required in claim 1, must be shown or the feature(s) canceled from the claim(s). Figure 7, form applicant’s disclosure, appear to show the first width same as the second width. 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, the limitation “a second width larger than the first width” raises a written description issue because nowhere in the Specification is disclosed how the second cushioning member has a channel with a width larger than the width of the first cushioning member. Paragraphs [0030] and [0033] mentioned the recited limitation but does not disclose how the condition is met. Figure 7, shows a first width which appears same or similar compared to second width. Claims 2-6 inherit the issue of claim 1 because of its dependency on the claim.
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 1-6 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 claim 1, the claim is indefinite for the reasons explained in the 112, first paragraph, above. It is unclear how a width of a channel formed in the second cushioning member could be larger than a width of the first cushioning member. Regarding claim 3, it is unclear what applicant meant by “flute direction” for the second cushioning member. The claim requires the flutes extends along the width direction of the second cushioning member. However, Figure 6A shows flutes extending along a length of the sidewalls of the second cushioning members, assuming the flutes of the bottom wall also extend along the length of the cushioning member. Claims 2-6 inherit the issue of claim 1 because of its dependency on the claim.
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.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 8,720,691) in view of Hu (US 8,777,008) and Taravella (5,339,958).
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Claim 1
Hu discloses a cushioning member/supporting frame (610) disposed inside a side of a packing frame surrounding a packed object, the cushioning member being provided to protect the packed object secured on an inner bottom of the packing frame (see column 2 lines 41-44 and column 3 lines 5-6), the cushioning member/supporting frame comprising a first cushioning member (defined by pair of cushion members 620) made of a foam material (see column 6 lines 15-17) having a front face disposed adjacent to the packed object, a back side extending with a first width in a longitudinal direction on an opposite side from the front face, a side extending between a side edge of the back side and the front face, and an end face extending between an end edge of the back side in the longitudinal direction and the front face (see figure above); and a second cushioning member (defined by structure 610 including panels 611-615) comprising a corrugated board assembly (see column 6 lines 48-52), the second cushioning member having a bottom wall (611) extending in the longitudinal direction, a pair of side walls (614 and 615) connected on both sides of the bottom wall via folding portions (see figure above), wherein the second cushioning member being configured such that the bottom wall and the side walls form a channel extending in the longitudinal direction with a second width larger than the first width. The width of the first cushioning member is smaller than the width of the second cushioning member by the fact that the first cushioning member is disposed within the second cushioning member. Hu does not disclose a plurality of bridge portions, as required. However, Hu ‘008 discloses bridge portions/connection plates (6) disposed between sidewalls of cushioning members (2) (see figure 6). Hu ‘008 discloses the bridges are used for connecting the cushioning members (see column 4 lines 19-21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hu including bridge portions/connection plates as taught by Hu ‘008 for connecting the pair of cushioning members. After Hu is modified by Hu ‘008 the bridge portions/connection plates will be extending between the pair of side walls so as to bridge the pair of side walls and will extend in a direction perpendicular to the bottom wall, wherein the first cushioning member is fixed on the second cushioning member in a state in which the back side will be in contact with upper ends of the bridge portions in a range of the channel. From the argument the second cushioning member does not include folding portions, Taravella discloses a cushioning member (300) formed by a first cushioning member (318) and a second cushioning member (312) formed from corrugated fiberboard (see column 4 lines 23-24) comprising a base and sidewalls (332 and 336) folded along fold lines (334 and 338) (see column 5 lines 7-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hu having the second cushioning member formed by foldable portions because cardboard or fiberboard structures formed by foldable portions are well-known and common in the art.
Claim 6
Hu ‘008 discloses a length from the upper end to a lower end of the bridge portion is shorter than a length from the upper end to a lower end of the side wall, and a clearance could be formed between the lower end of the bridge portion and the bottom wall (see figure 5). If the bridge portion is not fully inserted through the to the bottom of the first cushioning portion, a clearance would be formed Hu ‘008 discloses a between the lower end of the bridge portion and the bottom wall. After Hu is modified by Hu ‘008 the limitations recited in the claim will be met.
Claim 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 8,720,691), Hu (US 8,777,008) and Taravella (5,339,958) as applied to claim 1 above, and further in view of Ting (US 8,251,220).
Claim 2
Hu further discloses the second cushioning member includes a pair of end flaps (612 and 613) connected on both sides of the bottom wall (see figure above). After Hu is modified by Taravella, panels 612 and 613 will be foldable along bottom wall (611). Hu further discloses the first cushioning member is fixed on the second cushioning member by joining or engaging the back side having protrusions (622) attached to through-holes by snap-fit in panels (612 and 613) (see column 6 lines 48-52). Hu does not disclose the first cushioning members joining the end face to walls of the second cushioning members cutouts. However, Ting discloses a cushioning member (300) including a jaw portions (350 and 365) for engaging into openings formed by tongue plates (510 and 530) (see figures 2, 7a, column 4 lines 35-39 and column 6 lines 19-24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hu having an engaging portion at the end face of the first cushioning engaging with openings in the sidewalls of the second cushioning member as taught by Ting to further restrict any movement of the first cushioning with respect to the second cushioning member.
Claim 3
Hu ‘008 discloses the bridge portions, formed by corrugated board (see column 4 lines 48-49), therefore the bridge portion comprises flutes. After Hu is modified by Hu ‘008, the flutes of the bridge portions will be perpendicular to the bottom wall of the second cushioning member. Hu further discloses the bottom wall, the pair of side walls, and the pair of end flaps of the second cushioning member are formed from corrugated board.
As best understood, Hu does not explicitly disclose the width direction orthogonal to the longitudinal direction serves as a flute direction. However, Taravella, appears to disclose a flute of carboard panel extending along a length of a panel, wherein a width direction orthogonal to the longitudinal direction serves as a flute direction (see figures 1 and 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hu having width direction orthogonal to the longitudinal direction serving as a flute direction as taught by Taravella because direction of flutes extending along a length of carboard panels are well known and nominal in the art.
Claim 4
Hu ‘008 discloses the bridge portion has a pair of engaging portions that are engaged with the pair of side walls to bridge the pair of side walls, and the engaging portion of includes an engagement tab (62) extending laterally to be engaged into a slit (24) extending from an upper end of the side wall toward the bottom wall (see figure 4). After Hu is modified by Hu ‘008, the engagement tab of Hu ‘008 will be engaging with slot (621) of the first cushioning member (see figure 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736