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 .
This Office Action is in response to the Non-Final Rejection filed on May 21, 2026 wherein claim(s) 1 was amended. Examiner notes amendments in claims are directed to overcome rejections under 35 USC § 103 / 35 USC § 103. Therefore, claim(s) 1-6 are pending and will be examined.
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(s) 1-6 is/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-Al A 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, recites --the pair of cushioning portions being disposed away from each other along the second direction so as to face each other;-- [lines 8-10] since --face each other-- is vague and indefinite. For purposes of examination --face each other-- will be interpreted as “mutually mirror”.
Claim(s) 2-6 rejected by dependency of claim 1.
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 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Suzuki (Japan Patent Application Publication JP2000203643A) hereinafter SUZUKI.
Regarding claim 1, SUZUKI teaches (see FIG. 1 - FIG. 5 below) a packing member 1 having a storage space 4 formed by bending a single sheet material (FIG. 1), comprising:
a floor 3 in a rectangular shape (FIG. 3);
a pair of side walls 5 formed by being bent upward from circumferential edges S1-01 of the floor 3, the pair of side walls 5 being arranged opposite each other across the storage space 4 in a first direction S3-01;
a pair of cushioning portions S3-04 arranged respectively at opposite ends S3-05, S3-06 across the storage space 4 in a second direction S3-02 orthogonal to the first direction S3-01, the pair of cushioning portions S3-04 being disposed away from each other along the second direction S3-02 so as to face each other;
wherein
the cushioning portion S3-04 has
a first cushioning portion S3-07 formed in a shape of a plate (FIG. 3) extending along the second direction S3-02 and are arranged on an extension line of the floor 3 along the second direction S3-02 to extend parallel to the floor 3, and
a plate-form second cushioning portion 13 arranged above the first cushioning portion S3-07 at an interval therefrom and extending along the second direction S3-02, the second cushioning portion 13 being formed in an inverted V-shape (FIG. 3) as viewed from the second direction S3-02, and a vertex S3-08 of the inverted V-shape (FIG. 3) arranged away from and above the first cushioning portion S3-07 at an interval therefrom.
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Regarding claim 2, SUZUKI teaches (see FIG. 1 - FIG. 5 above) packing member 1, wherein the second cushioning portion 13 is arranged at opposite ends S3-05, S3-06 of the sheet material in the second direction S3-02, is located outside of the first cushioning portion S3-07, and is formed by being bent along a boundary with the first cushioning portion S3-07 toward a middle in the second direction S3-02, so as to be arranged above the first cushioning portion S3-07.
Regarding claim 3, SUZUKI teaches (see FIG. 1 - FIG. 5 above) packing member 1, wherein the second cushioning portion 13 is formed by being bent in an inverted V-shape (FIG. 3) along a pair of valley fold lines formed at an interval from each other that is larger than a length of the first cushioning portion S3-07 of the sheet material in the first direction S3-01, the pair of valley fold lines extending in the second direction S3-02, and a mountain fold line formed between the pair of valley fold lines and extending in the second direction S3-02.
Regarding claim 4, SUZUKI teaches (see FIG. 1 - FIG. 5 above) packing member 1, wherein the first cushioning portion S3-07 is arranged on an extension line of the floor 3 in the second direction S3-02 and extends parallel to the floor 3.
Regarding claim 5, SUZUKI teaches (see FIG. 1 - FIG. 5 above) packing member 1, wherein the first cushioning portion S3-07 is formed in an inverted V-shape (FIG. 3) that inclines more gently than the second cushioning portion 13 with respect to the floor 3.
Regarding claim 6, SUZUKI teaches (see FIG. 1 - FIG. 5 above) packing member 1, wherein at least one of the first 13 and second cushioning portions S3-04 has, in a part thereof facing the storage space 4, a recessed portion 14 recessed toward an end in the second direction S3-02.
Response To Arguments
Applicant's arguments / amendments regarding rejections under 35 USC § 102 / 35 USC § 103 of claim(s) 1-6 in the reply filed May 21, 2026 have been considered but are moot because the new ground of rejections under 35 USC § 102 does not rely on exactly all references / arguments applied in the prior rejection of record for any teaching or matter specifically challenged in the Applicant’s arguments.
With respect to the art rejections, in accordance with MPEP 2111.01, during examination, the
claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of
Science Tech Center, 367 F.3d 1359, 70 USPQ2D 1827, 1834 (Fed. Cir. 2004).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Furuta (Japan Patent Application Publication JP2010132325A): teaches a “packaging” with similar characteristics as the claimed invention.
Ishikawa et al. (Japan Patent Application Publication JP2001122338A): teaches a “case” with similar characteristics as the claimed invention.
Tanaka et al. (Japan Patent Application Publication JP2000153828A): teaches a “packaging” with similar characteristics as the claimed invention.
Yoshimura (Germany Patent Application Publication DE19944038A1): teaches a “package” with similar characteristics as the claimed invention.
Miyazaki et al. (W. I. P. O. Patent Application Publication WO0181198A1): teaches a “packaging” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (571) 272-4561. 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 ttps://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.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights