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 .
Application Status
This action is responsive to the claims filed 28 March 2025.
Claims 39-59 are currently pending and being examined.
Claim Objections
Claim 48 is objected to because of the following informalities:
Claim 48 ends in a comma, which should end in a period.
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 40, 42, and their dependents 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.
Claim 40 recites “the insulative sheet comprises paper”, which is unclear because claim 39 already recites what the insulative sheet comprises. So, is this actually what the insulative sheet is made of or is it in addition to what was recited in claim 39. Examiner will interpret as “the insulative sheet further comprises paper”.
Claim 42 recites “the insulative sheet comprises a barrier sheet”, which is unclear because claim 39 already recites what the insulative sheet comprises. So, is this actually what the insulative sheet is made of or is it in addition to what was recited in claim 39. Examiner will interpret as “the insulative sheet further comprise a barrier sheet”.
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) 39-44, 47, 52, 54-56, and 58-59 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cals (US 2003/0145561).
Cals teaches:
Claim 39: A method for forming thermal insulation (abstract), the method comprising:
providing an insulative sheet (48-fig.4; 64-fig.5; 386-fig.21) having a thickness;
determining a layer count for the insulative sheet to obtain a desired insulation characteristic based on the thickness of the insulative material (¶[0076]-[0078];[0083]-[0085];[0113]-[0116]); and
forming a pad having a desired length and width by layering the insulative material the layer count times (¶[0041],[0105]-[0107],[0117],[0118]-[0119]),
wherein the layer count is greater than or equal to one (at least ¶[0043],[0113]), and
the insulative sheet comprises one or more of a sheet having an air gap (¶[0004],[0011]) or a fibrous material sheet (¶[0004]).
Claim 40: The method of claim 39, wherein the insulative sheet comprises paper (¶[0004],[0011]).
Claim 41: The method of claim 39, wherein the forming comprises forming the insulative sheet in-line with the forming of the thermal insulation (fig.25; ¶[0115]-[0120]).
Claim 42: The method of claim 39, wherein the insulative sheet comprises a barrier sheet (¶[0004],[0072],[0076]; kraft paper is a type of barrier sheet and the pads are made up of one or more plies of sheet material).
Claim 43: The method of claim 42, wherein the barrier sheet is disposed between two layers of the insulative sheet layers (¶[0004],[0072],[0076]; kraft paper is a barrier sheet and an insulative sheet and the pads are made of at least 3 plies).
Claim 44: The method of claim 42, wherein the barrier sheet forms an outer surface of the pad ((¶[0004],[0072],[0076]; kraft paper is a barrier sheet and an insulative sheet and the pads are made of at least 3 plies, therefore the barrier sheet would be on an outer surface of the pad).
Claim 47: The method of claim 39, wherein the determining comprises determining the layer count based on a cushioning requirement of the pad (¶[0041],[0105]-[0107],[0117],[0118]-[0119]).
Claim 52: The method of claim 39, wherein the insulative sheet is provided as a roll (see fig. 4 showing the pad 14 formed as smashed rolls; see fig.5 showing pad 64 being formed as a roll; ¶[0083]-[0085]).
Claim 54: The method of claim 39, wherein the forming comprises adjusting a dimension of a mandrel to form the pad to the desired length and width (¶[0083]-[0085],[0119]), and wrapping the insulative sheet around the mandrel to obtain the layer count (¶[0083]-[0085]).
Claim 55: The method of claim 39, further comprising receiving, from an input device, the desired physical characteristics of the pad (484-fig.25; ¶[0035],[0039],[0115]).
Claim 56: The method of claim 39, further comprising receiving, from an input device (484-fig.25), one or more of a minimum loop count, a minimum layer count, a transit time, a characteristic of a product to be shipped, and a desired number of units to be made (at least ¶[0035],[0039],[0083]-[0085],[0115]).
Claim 58: The method of claim 39, wherein the pad comprises a plurality of pads, each having a respective thickness and a respective length (10-fig.1; 20-fig.2; 30-fig.3; ¶[0072]-[0074]).
Claim 59: The method of claim 39, further comprising lining a sidewall of a container (C-fig.7) with the pad (90-fig.7; ¶[0087]-[0088]).
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.
Claim(s) 45 and 57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cals (US 2003/0145561) in view of Fallgren (US 2018/0134427).
Cals teaches:
Claim 45: The method of claim 42.
Cals does not expressly teach the barrier sheet comprises a coating to repel water.
However, Fallgren teaches a barrier sheet (180-fig.13) comprises a coating to repel water (190-fig.13).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having a water vapor impermeable membrane bonded to the kraft paper, as taught by Fallgren, for "reducing or preventing paper disintegration due to paper wetness”. (Fallgren ¶[0062]).
Claim 57: The method of claim 39.
Cals does not expressly teach integrating the pad into a bag or liner comprising a moisture barrier.
However, Fallgren teaches integrating the pad (at least 180-fig.12) into a bag (20-fig.9) comprising a moisture barrier (190-fig.13).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having a water vapor impermeable membrane bonded to the kraft paper, as taught by Fallgren, for "reducing or preventing paper disintegration due to paper wetness”. (Fallgren ¶[0062]).
Claim(s) 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cals (US 2003/0145561) in view of De Luca (US 2013/0171422).
Cals teaches:
Claim 46: The method of claim 39.
Cals does not expressly teach one of the layers of the insulative sheet layers is white.
However, De Luca teaches one of the layers of the insulative sheet layers is white (¶[0069],[0073]-[0074]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having a layer being made of white kraft paper, as taught by De Luca, as a well-known color of kraft paper used in insulative pads.
Claim(s) 48-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cals (US 2003/0145561) in view of Crespo (US 2011/0072847).
Cals teaches:
Claim 48: The method of claim 39.
Cals does not expressly teach the air gap is between 0 centimeters and 1 centimeter.
However, Crespo an air gap is between 0 centimeters and 1 centimeter (¶[0024]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having small air pockets, as taught by Crespo, to trap air between the sheets to further increase the thermal properties of the material. (Crespo ¶[0009]-[0010],[0024]-[0025])
Claim 49: The method of claim 39.
Cals does not expressly teach the air gap is provided by protrusions.
However, Crespo teaches an air gap is provided by protrusions (see fig.1A showing a plurality of pockets 106 formed by a plurality of protrusions in the crumpled sheets 109).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having small air pockets, as taught by Crespo, to trap air between the sheets to further increase the thermal properties of the material. (Crespo ¶[0009]-[0010],[0024]-[0025])
Cals as modified by Crespo teaches:
Claim 50: The method of claim 49, wherein the protrusions are dome shaped (Crespo: see fig.1A showing the plurality of pockets are dome shaped).
Claim(s) 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cals (US 2003/0145561) in view of Crespo (US 2011/0072847), further in view of Madanagopal (US 2021/0253330).
Cals as modified by Crespo teaches:
Claim 51: The method of claim 49.
Cals as modified by Crespo does not expressly teach embossing the insulative sheet to form the protrusions.
However, Madanagopal teaches embossing the insulative sheet to form the protrusions (figs.21-23; ¶[0261]-[0263]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals and Crespo, by having the protrusions be formed by embossing, as taught by Madanagopal, to ensure that the protrusions are evenly spaced throughout the sheet and thus improving thermal efficiency. (Madanagopal ¶[0264])
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cals (US 2003/0145561) in view of Conway (US 2018/0141741).
Cals teaches:
Claim 53: The method of claim 39.
Cals does not expressly teach the insulative sheet has an emissivity value of less than 0.9.
However, Conway teaches an insulative sheet has an emissivity value of less than 0.9 (¶[0013],[0049]).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the method of Cals, by having an emissivity value of less than 0.9, as taught by Conway, depending on what is being packaged the emissivity value can ensure that the product is properly protected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT).
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, Shelley Self can be reached at (571)272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATIE L GERTH/Examiner, Art Unit 3731
Prosecution Insights