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 .
Drawings
The drawings were received on 16 June 2026. These drawings are acceptable.
The drawings are objected to because no single reference character may be used for a given part and a modification of such part. MPEP 608.02(e). See at least 10 which has been used to designate multiple different inserts.
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 & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westgeest (US 10625918) further in view of Lee (US 20210221595).
Claim 1: Wesetgeest discloses a packaging insert comprising: cushions A1, A2, & A3 formed of foamed cellulose-based polymers (plurality of cellulose-based solid foam substrates) [see C. 8 L. 49-54] each cushion A1, A2, & A3 (cellulose-based solid foam substrate) having a first main side and a second main side opposite to the first main side; a cover film made of paper (first paper-based sheet) [see C. 9 L. 3-11] attached to the first main sides of the cushions A1, A2, & A3 (cellulose-based solid foam substrates) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates); a base film made of paper (second paper-based sheet) [see C. 9 L. 3-11] attached to the second main sides of the cushions A1, A2, & A3 (cellulose-based solid foam substrates), wherein the cushions A1, A2, & A3 (cellulose-based solid foam substrates) are sandwiched between the cover film (first paper-based sheet) and the base film (second paper-based sheet) and form a plurality of sandwich sections, wherein the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) are spaced apart from each other when the sandwich sections are arranged one after another along a longitudinal axis of the packaging insert; and at least one hinge section comprising: a portion of the cover film (first paper-based sheet); and a portion of the base film (second paper-based sheet) that is not attached to any cushion A1, A2, & A3 (cellulose-based solid foam substrate), wherein each hinge section of the at least one hinge section is interposed between consecutive sandwich sections of the sandwich sections, and wherein the packaging insert is configured to fold in the at least one hinge section (see annotated fig. 1 above and fig. 2).
Wesetgeest does not disclose wherein the at least one hinge section comprises a portion of the first paper-based sheet that is not attached to any cellulose-based air-laid or solid foam substrate or to the second paper- based sheet; and a portion of the second paper-based sheet that is not attached to the first paper- based sheet.
Lee teaches a cooler box 10 having sidewall portions 110, 120, 130, 140, bottom portion 150, and lid portion 160 which each have a foam panel 11 therein, wherein an inner cover 12 and an outer cover 13 are provided to container the foam panels 11, wherein consecutive foam panels 11 are spaced apart from each other when arranged one after another along a longitudinal axis, wherein portions of the inner cover 12 and outer cover 13 are not attached to any foam panel 11 or to the other of the outer cover 13 and inner cover 12, and wherein at least the outer cover 13 extends straight across the spacing between the consecutive foam panels 11 in a planar manner (see fig. 1 & 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the hinge sections such that the portions of the cover film (first paper-based sheet) and base film (second paper-based sheet) were not been attached to one another or to any cushion A1, A2, & A3 (cellulose-based solid foam substrate) and to have made the portions of the cover film (first paper-based sheet) extend straight across the spacing between the consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) in a planar manner, as taught by Lee, in order to reduce materials and associated costs.
Claim 2: The combination discloses wherein a ratio between a cushion distance c (length) of at least one of the portions of the cover film (first paper-based sheet) and the portion of the base film (second paper-based sheet) that are not attached to any cushion A1, A2, & A3 (cellulose-based solid foam substrate) or to each other and a cushion height h (average thickness) of the cushion A1, A2, & A3 (cellulose-based solid foam substrate) of at least one of the consecutive sandwich sections is between 0.5 and 1.5 which discloses that the cushion distance c (length) of at least one of the portions of the cover film (first paper-based sheet) and the portion of the base film (second paper-based sheet) that are not attached to any cushion A1, A2, & A3 (cellulose-based solid foam substrate) or to each other can be less than the cushion height h (average thickness) of the cushion A1, A2, & A3 (cellulose-based solid foam substrate) of at least one of the consecutive sandwich sections (see fig. 1 and C. 11 L. 8-20).
Claim 3: The combination discloses wherein a ratio between a cushion distance c (length) of at least one of the portions of the cover film (first paper-based sheet) and the portion of the base film (second paper-based sheet) that are not attached to any cushion A1, A2, & A3 (cellulose-based solid foam substrate) or to each other and a cushion height h (average thickness) of the cushion A1, A2, & A3 (cellulose-based solid foam substrate) of at least one of the consecutive sandwich sections is between 0.5 and 1.5 which overlaps the claimed range (see fig. 1 and C. 11 L. 8-20).
Claim 4: The combination discloses wherein a ratio between a cushion distance c (maximum distance) that consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) are spaced apart from each other and a cushion height h (average thickness) of at least one of the consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) when the plurality of sandwich sections are arranged one after another along the longitudinal axis of the packaging insert is between 0.5 and 1.5 which discloses wherein that consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) can be spaced apart from each other at the cushion distance c (maximum distance) that is less than the cushion height h (average thickness) of at least one of the consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) when the plurality of sandwich sections are arranged one after another along the longitudinal axis of the packaging insert (see fig. 1 and C. 11 L. 8-20).
Claim 5: The combination discloses wherein a ratio between a cushion distance c (maximum distance) that consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) are spaced apart from each other and a cushion height h (average thickness) of at least one of the consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) when the plurality of sandwich sections are arranged one after another along the longitudinal axis of the packaging insert is between 0.5 and 1.5 which overlaps the claimed range (see fig. 1 and C. 11 L. 8-20).
Claim 6: The combination discloses wherein the packaging insert comprises: a first sandwich section comprising a cushion A1 (first cellulose-based solid foam substrate), a second sandwich section comprising a cushion A2 (second cellulose-based solid foam substrate) and a third sandwich section comprising a cushion A3 (third cellulose-based solid foam substrate); a first hinge section interposed between the first sandwich section and the second sandwich sections; and a second hinge section interposed between the second sandwich section and the third sandwich sections (see fig. 1).
Claim 7: The combination discloses wherein an end portion of the cover film (first paper-based sheet) extends beyond a cushion A3 (last cellulose-based solid foam substrate) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates); wherein an end portion of the base film (second paper-based sheet) extends beyond the cushion A3 (last cellulose-based solid foam substrate); and wherein the end portions of the cover film (first paper-based sheet) and the end portion of the base film (second paper-based sheet) are attached to each other (see annotated fig. 1 above).
Claim 8: The combination discloses wherein a front portion of the cover film (first paper-based sheet) extends beyond a cushion A1 (front cellulose-based solid foam substrate) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates); wherein a front portion of the base film (second paper-based sheet) extends beyond the cushion A1 (front cellulose-based solid foam substrate) of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates); and wherein the front portions of the cover film (first paper-based sheet) and the end portion of the base film (second paper-based sheet) are attached to each other (see annotated fig. 1 above).
Claim 9: The combination discloses discloses wherein the cover film (first paper-based sheet) comprises an adhesive provided onto at least a portion of a main side of the cover film (first paper-based sheet) and attached to the first main sides of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) with the main side of the cover film (first paper-based sheet) facing the first main sides of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates); and wherein the base film (second paper-based sheet) comprises an adhesive provided onto at least a portion of a main side of the base film (second paper-based sheet) and attached to the second main sides of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) with the main side of the base film (second paper-based sheet) facing the second main sides of the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) (see fig. 1 and C. 14 L. 36-37).
Claim 10: The combination discloses wherein the cover film (first paper-based sheet) and the base film (second paper-based sheet) are each selected from a group consisting of: paper sheets (see C. 9 L. 3-11).
Claim 12: The combination discloses wherein the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) are formed of cellulose-based polymers (cellulose fibers) [see C. 8 L. 49-54] and also that the cushioning material may comprise wood pulp (cellulose fibers) (see C. 8 L. 25-32).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westgeest (US 10625918) and Lee (US 20210221595) as applied to claim 1 above, and further in view of Sollie (US 20190359414).
Claim 11: The combination discloses the claimed invention except wherein the first paper-based sheet and the second paper-based sheet are each selected from a group consisting of: Kraft paper sheets, cardboard sheets, cartonboard sheets, and corrugated board sheets.
Sollie teaches a liner panel assembly 2150 having an insulative batt 2010 captured between an inner panel 2075 and an outer panel 2070 formed of kraft paper (see P. 0051 and fig. 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have made the cover film (first paper-based sheet) and the base film (second paper-based sheet) out of kraft paper, as taught by Sollie, due to its enhanced strength and tear resistance and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westgeest (US 10625918) and Lee (US 20210221595) as applied to claim 12 above, and further in view of Mayes (US 20210024706).
Claim 13: The combination discloses the claimed invention except wherein the cellulose fibers or the lignocellulose fibers are pulp fibers in a pulp selected from a group consisting of; sulfate pulp, sulfite pulp, dissolving pulp, thermomechanical pulp (TMP), high temperature thermomechanical pulp (HTMP), mechanical fiber intended for medium density fiberboard (MDF-fiber), chemi-thermomechanical pulp (CTMP), high temperature chemi-thermomechanical pulp (HTCTMP), and a combination thereof.
Mayes teaches natural wood fibers that container cellulose produced by chemical, mechanical or chemo-mechanical pulping of softwood or hardwood including sulfate pulp, sulfite pulp, thermomechanical pulp (TMP) mechanical fiber intended for medium density fiberboard (MDF-fiber) chemo-thermomechanical pulp (CTMP) (see P. 0020).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used sulfite pulp, as taught by Mayes, due to its high pulp yield and reduce environmental impact and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westgeest (US 10625918) and Lee (US 20210221595) as applied to claim 1 above, and further in view of Henderson (US 20200071056).
Claim 14: The combination discloses the claimed invention except wherein the plurality of cellulose-based air-laid or solid foam substrates comprises cellulose-based air-laid substrates.
Henderson teaches an air laid insulating batt 10 (cellulose-based air-laid substrate) comprised of large paper particles 11 and binder fibers 12, wherein the batt 10 is faced with sheets of paper 20, wherein the batt 10 (cellulose-based air-laid substrate) uses less than 5% binder fibers (see P. 0026 & 0035 and fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have made the cushions A1, A2, & A3 (plurality of cellulose-based solid foam substrates) out of an air laid insulating batt 10 (cellulose-based air-laid substrate) comprising large paper particles 11 and less than 5 % binder fibers 12, as taught by Henderson, in order to provide enhanced insulative properties to the packaging insert and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
The combination results in cushions A1, A2, & A3 (cellulose-based air-laid substrates).
Claim 15: The combination discloses wherein the cellulose-based air-laid substrates comprise a binder fibers 12 (polymer binder).
Claim 16: The combination discloses wherein each of the cushions A1, A2, & A3 (cellulose-based air-laid substrates) comprises: paper particles 11 (cellulose fibers) at a concentration of 95% (at least 70 % by weight) of the cushions A1, A2, & A3 (cellulose-based air-laid substrates); and the binder fibers 12 (polymer binder) at a concentration of 5% (selected within an interval of from 2.5 up to 30 % by weight) of the cushions A1, A2, & A3 (cellulose-based air-laid substrates) (see P. 0026).
Response to Arguments
The drawing objections in paragraphs 6-7 and 9-10 of office action dated 19 February 2026 are withdrawn in light of the amended disclosure filed 16 June 2026.
The specification objections in paragraphs 11-17 of office action dated 19 February 2026 are withdrawn in light of the amended disclosure filed 16 June 2026.
The claim objections in paragraph 18 of office action dated 19 February 2026 are withdrawn in light of the amended claims filed 16 June 2026.
The 35 U.S.C. § 112 rejections in paragraphs 19-21 of office action dated 19 February 2026 are withdrawn in light of the amended claims filed 16 June 2026.
Applicant's arguments filed 16 June 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that packaging inserts identified by 10 in FIGS. 7 are all the same packaging insert, i.e., the packaging insert of the present invention according to an embodiment, the Examiner replies that figures 1-7 are not directed to a single embodiment, but rather are directed to multiple embodiments as evidenced by the brief description of the drawings of the original specification.
In response to applicant’s argument that neither Westgeest nor Lee disclose of a packaging insert comprising a hinge section which comprises a portion of the first paper-based sheet that is not attached to any cellulose-based air-laid or solid foam substrate or to a second paper- based sheet and a portion of the second paper-based sheet that is not attached to any cellulose-based air-laid or solid foam substrate or to the first paper-based sheet, the Examiner replies that this is a piecemeal analysis of the references as the rejection does not rely on Westgeest or Lee alone. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s argument that neither the inner cover nor outer cover disclosed by Lee are paper-based sheets; the inner sheet is silver or aluminum foil and the outer cover is tarpaulin and accordingly, the hinge section disclosed by Lee does not comprise a portion of the first paper-based sheet and a portion of a second paper-based sheet which are not attached to any cellulose-based air-laid or solid foam substrate or to the first paper-based sheet, the Examiner responds that this argument is a piecemeal analysis of the references as the rejection does not rely on Lee for teaching first or second paper-based sheets. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s argument that combining the teachings of Westgeest and Lee would not create a packaging insert with reduced materials and associated costs as suggested by the Office as the hinge section disclosed by Westgeest is a thin base film and adding the outer cover disclosed by Lee would add more materials to the packaging insert disclosed by Westgeest, not less, the Examiner replies that these arguments are not commensurate in scope with the rejection at hand which does not rely on the embodiment of Westgeest which only has a base film, but rather relies on the embodiment in which a cover film is present [see C. 9 L. 3-11]. Additionally, the combination does not add the outer cover disclosed by Lee, but rather modifies the hinge sections such that the portions of the cover film (first paper-based sheet) and base film (second paper-based sheet) to have made the portions of the cover film (first paper-based sheet) extend straight across the spacing between the consecutive cushions A1, A2, & A3 (cellulose-based solid foam substrates) in a planar manner and not attached to one another or to any cushion A1, A2, & A3 (cellulose-based solid foam substrate). Examiner notes that Westgeest discloses that the cushion comprises at least one cover film and a cushioning material, wherein the cushioning material is enclosed between the base film and the at least one cover film (see C. 7 L. 30-33).
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 ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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