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 .
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 3 is 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. Recited language of claim 3 is indefinite because it is unclear what structure of the cushioning material is further defined in the claim. The claim is indefinite because claim 1 is directed to a cushioning material which is an apparatus claim, and claim 3 is referring to a graph which does not further define any structural feature of the cushioning material.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luu (US 6,503,590).
Luu discloses a cushioning material (10) comprising cushioning structures (defined by layers of the cushioning material) stacked on top of another and configured to reduce an external force acting on an electrical device, wherein the cushioning structures include a first cushioning structure (14) that is positioned capable to intersect a direction of the external force acting on the electrical device and a second cushioning structure (16) that has a higher strength in the direction of the external force acting on the electrical device than the first cushioning structure and is positioned and capable to intersect the direction of the external force acting on the electrical device. Luu discloses the cushioning material comprises layer (16) made from polyethylene while layer (14) is made from Styrofoam material (see abstract), wherein polyethylene material is of higher strength than Styrofoam.
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Luu (US 6,503,590) as applied to claim 1 above, and further in view of Ryan, Jr. (3,231,079).
Claims 4 and 5
Luu further discloses an item (28) and packaging box (26) holding/enclosing the cushioning material and the item (see figure 12). Luu is silent disclosing the item enclosed within the packaging box is an electrical device. However, Ryan, Jr discloses a package (10) comprising a cushioning material (12) enclosing a radio article (see column 2 lines 3-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Luu having a radio within the cushioning material as taught by Ryan, Jr. as a type of item to be enclosed within the packaging box.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
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.
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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
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