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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication No. US 2023/0150748 (hereinafter “Sollie”), and further in view of WO 2023/283701 A1 (hereinafter “Delafosse”).Regarding claims 1, 23 and 24 Sollie teaches a cushioned mailer (liner insulation package) comprising an outer layer, an inner layer defining an inner cavity of the cushioned mailer, the inner cavity configured to receive contents therein, the inner cavity defining an opening at a top end of the cushioned mailer, the opening allowing access to the inner cavity, and an intermediate cushioning layer disposed between the outer layer and the inner layer, the intermediate cushioning layer comprising a textured sheet defining a plurality of cushioning sockets (paragraph [0009]). Sollie teaches first and second textured sheets (first liner panel/A-liner and second liner panel/B-liner, respectfully) 51110a, 51110b are placed within an interior box cavity 61122 of a box 61120 to cushion and/or insulate contents received in the interior box cavity 61122 (paragraph [0193]). Sollie teaches the box comprises sidewalls 61128a-d defined by a first box side panel (first side panel) 61128a, a second box side panel (second side panel) 61228b opposite the first box side panel 61128a, a third box side panel (third side panel) 61128c adjacent to the first box side panel 61128a and the second box side panel 61228b, and a fourth box side panel (fourth side panel) 61228d opposite the third box side panel 61128c, the box 61120 further comprising a bottom box panel (box bottom) 61124 connected to at least one of the sidewalls 61128a-d, wherein the sidewalls 61128a-d and bottom box panel 61124 at least partially define the interior box cavity 61122, the sidewalls 61128a-d at upper ends further defining a box opening (paragraphs [0193] – [0195], and Figure 61). Sollie teaches the first textured sheet (first liner panel/A-liner) 51110a is configured to be positioned in the box cavity 61122, the first textured sheet (first liner panel/A-liner) 51110a constructed from a first panel of liner material defining a first liner bend line 61116a and a second liner bend line 61116b spaced from the first liner bend line 61116a, the first liner bend line 61116a and the second liner bend line 61116b dividing the first textured sheet (first liner panel/A-liner) into a first side liner panel (first A-liner end portion) 61118a, a first center liner panel (central A-liner portion) 61114a, and a second side liner panel (second A-liner end portion) 61118b; and the second textured sheet (second liner panel/B-liner) 51110b is also configured to be positioned in the box cavity 61122 adjacent to the first textured sheet (first liner panel/A-liner) 51110a, the second textured sheet (second liner panel/B-liner) 51110b is constructed from a second panel of liner material defining a third liner bend line 61116c and a fourth liner bend line 61116d spaced from the third liner bend line 61116c, the third liner bend line 61116c and the fourth liner bend line 61116d dividing the second textured sheet (second liner panel/B-liner) 51110b into a third side liner panel (first B-liner end portion) 61118c, a second center liner panel (central B-liner portion) 61114b, and a fourth side liner panel (second B-liner end portion) 61118d (paragraphs [0193] – [0195], and Annotated Figure 61, shown below).
PNG
media_image1.png
646
652
media_image1.png
Greyscale
Sollie teaches the plurality of cushioning sockets of the textured sheet correspond to a plurality of bubbles (paragraphs [0009] and [0094]), which corresponds to the liner material (of the first textured sheet (first liner panel/A-liner) and the second textured sheet (second liner panel/B-liner)) comprising a first bubble layer defining an upper side and a lower side. As previously mentioned, Sollie teaches the first and second textured sheets (first liner panel/A-liner and second liner panel/B-liner, respectfully) 51110a, 51110b are used to cushion and/or insulate contents received in the interior box cavity 61122 (paragraph [0193]). Sollie does not explicitly teach the liner material comprises at least a first bubble layer formed from a first thermoplastic film, the bubble layer defining an upper side and a lower side, an upper metallized layer joined to the upper side of the bubble layer, and a lower metallized layer joined to the lower side of the bubble layer, wherein at least one of the thermoplastic film, the upper metallized layer, and the lower metallized layer is at least partially comprised of metallized high density polyethylene (MHDPE). Delafosse teaches a sheeting comprising an upper recyclable plastic layer (upper metallized layer), a lower recyclable layer (lower metallized layer), a recyclable fluted plastic layer (bubble layer defining an upper side and a lower side), interposed between the upper and lower layers, at least one of the upper or lower layers (upper metallized layer and lower metallized layer) comprise a base sublayer comprising a metallized film layer coating an HDPE sublayer (metallized HDPE) (upper metallized layer joined to the upper side of the bubble layer, and a lower metallized layer joined to the lower side of the bubble layer, wherein at least one of the fluted layer (thermoplastic film), the upper metallized layer, and the lower metallized layer is at least partially comprised of metallized high density polyethylene (MHDPE)) (abstract and paragraphs [0018] – [0021]). Delafosse teaches the fluted layer may comprise circular-shaped recesses, in a symmetrical repeat pattern (paragraph [0027]), which corresponds to a bubble layer. Delafosse also teaches the fluted layer comprises a PE plastic (thermoplastic film) (abstract). Delafosse teaches the sheeting provides effective thermal barrier properties (paragraph [0026]). Sollie and Delafosse are analogous inventions in the field of insulating liners. It would have been obvious to one skilled in the art at the time of the invention to modify the cushioned mailer of Sollie with the layered materials of Delafosse to improve the thermal barrier properties of the box, as desired by Sollie. In addition, Sollie teaches the sockets (bubbles) include a plurality of first sockets 130 and a plurality of second sockets 230, where the first sockets 130 and second sockets 230 align, forming a plurality of encapsulated bubbles, where the aligned plurality of first sockets 130 and plurality of second sockets 230 can be oriented in a plurality of linear rows and columns (defining a plurality of encapsulated bubbles arranged in a plurality of rows, each row defining an axis), and may be oriented in any other suitable arrangement or pattern (paragraphs [0086], [0087] and [0092]; and Figures 1-3 and 5-8). Sollie teaches the sockets (plurality of encapsulated bubbles) 130, 230 are spherical and have a diameter (paragraph [0094] and Figure 8). Sollie also teaches the sockets (plurality of encapsulated bubbles) of the textured sheet provides the cushioning effect to the cushioned/textured mailer (paragraphs [0009], [0101] and [0131]). Sollie does not explicitly teach a distance between axes of adjacent rows of sockets (plurality of encapsulated bubbles) is substantially the same as a diameter of a socket (encapsulated bubble). However, it would have been obvious to a person having ordinary skill in the art at the time of the invention to determine an appropriate spacing of adjacent sockets (plurality of encapsulated bubbles) relative to: (1) the distance between adjacent rows and/or columns; and (2) the diameters of the sockets using nothing more than routine experimentation to achieve the desired cushioning effect to the cushioned/textured mailer.Regarding claim 2 The combination of Sollie and Delafosse discloses the claimed invention except for the liner material further comprises a second bubble layer formed from a second thermoplastic film, the second bubble layer defining an upper side and a lower side, and a lower metallized layer joined to the lower side of the second bubble layer, wherein the upper side of the second bubble layer is joined to the lower metallized layer of the first bubble layer. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to provide an additional fluted layer (second bubble layer formed from a second thermoplastic film) and additional recyclable plastic layer (lower metallized layer) stacked on the sheeting disclosed by Delafosse to further improve the thermal insulative barrier properties of the sheeting. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP §2144.04(VI)(B). The stacking of the additional fluted layer and additional recyclable plastic layer corresponds to the claimed limitation requiring the second bubble layer defining an upper side and a lower side, and a lower metallized layer joined to the lower side of the second bubble layer, wherein the upper side of the second bubble layer is joined to the lower metallized layer of the first bubble layer.Regarding claim 3 The combination of Sollie and Delafosse discloses the claimed invention except for the liner material further comprises a third bubble layer formed from a third thermoplastic film, the third bubble layer defining an upper side and a lower side, and a lower metallized layer joined to the lower side of the third bubble layer, wherein the upper side of the third bubble layer is joined to the lower metallized layer of the second bubble layer. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to provide an additional fluted layer (third bubble layer formed from a third thermoplastic film) and additional recyclable plastic layer (lower metallized layer) stacked on the sheeting disclosed by Delafosse to further improve the thermal insulative barrier properties of the sheeting. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP §2144.04(VI)(B). The stacking of the additional fluted layer and additional recyclable plastic layer corresponds to the claimed limitation requiring the third bubble layer defining an upper side and a lower side, and a lower metallized layer joined to the lower side of the third bubble layer, wherein the upper side of the third bubble layer is joined to the lower metallized layer of the second bubble layer.Regarding claim 4 In addition, Sollie teaches an adhesive may be used to secure adjacent layers together (paragraph [0088]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the interface between the third bubble layer and the second bubble layer, from the combination of Sollie and Delafosse, with the adhesive disclosed by Sollie to secure the third bubble layer and the second bubble layer together.Regarding claims 5 and 6 In addition, Delafosse teaches the upper (metallized) layer and the lower (metallized) layer of the fluted layer (first bubble layer) each comprise a metallized film layer (first material layer comprising a metallized film) coating an HDPE sublayer (second material layer) (abstract and paragraphs [0018] – [0021]).Regarding claim 7 In addition, Delafosse generally teaches the plastics material can be any plastics material capable of extrusion or other process to result in a sheet form, and the density of the material used can depend on the intended application (paragraph [0116]). Delafosse does not explicitly teach the metallized high density polyethylene has a density ranging from and including 931 kg/m3 to and including 970 kg/m3. It would have been obvious to one having ordinary skill in the art at the time of the invention to determine a suitable density of the metallized high density polyethylene using nothing more than routine experimentation depending on its intended application. It has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art unless such a range is shown to be critical. Please see MPEP § 2144.05(II)(A).Regarding claim 8 In addition, Delafosse teaches the fluted plastic layer (first thermoplastic film), the upper plastic layer (upper metallized layer), and the lower plastic layer (lower metallized layer) comprise recyclable material (abstract).Regarding claim 9 In addition, Delafosse teaches the plastic material used can be any plastic or combination of recyclable plastics and/or recyclable plastics with additives (paragraph [0114]). Delafosse also teaches the plastics material can be a composite material, where the composite material may include PE, calcium carbonate or talcum, and recycled PE, and the percentages of polyethylene, calcium carbonate or talcum, and recycled polyethylene can depend on the application of the sheeting (paragraph [0115]). Delafosse does not explicitly teach the liner material comprises recyclable material from and including 15% to and including 40% of the liner material. It would have been obvious to one having ordinary skill in the art at the time of the invention to determine a suitable quantity of recyclable material in the liner material using nothing more than routine experimentation depending on its intended application. It has been held where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art unless such a range is shown to be critical. Please see MPEP § 2144.05(II)(A).Regarding claim 10 In addition, Delafosse teaches the upper (metallized) layer and the lower (metallized) layer of the fluted layer (first bubble layer) each comprise a metallized film layer (single layer of metallized film) coating an HDPE sublayer (abstract and paragraphs [0018] – [0021]). Regarding claim 11 In addition, Delafosse teaches the upper (metallized) layer and the lower (metallized) layer of the fluted layer (first bubble layer) each comprise a metallized film layer (layer of metallized film) coating an HDPE sublayer (abstract and paragraphs [0018] – [0021]). Delafosse discloses the claimed invention except for the metallized film layer comprising a double layer of metallized film. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to provide an additional metallized film layer to at least one of the upper (metallized) layer and the lower (metallized) layer of the fluted layer (first bubble layer) to further improve the thermal insulative barrier properties of the sheeting that is facilitated by the metallized film layer. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP §2144.04(VI)(B).Regarding claim 12 In addition, Sollie teaches the first textured sheet (A-liner) 51110a further defines a first A-liner end and a second A-liner end spaced from the first A-liner end, a first longitudinal A-liner edge extending between the first A-liner end and the second A-liner end, and a second longitudinal A-liner edge extending between the first A-liner end and the second A-liner end opposite the first longitudinal A-liner edge, the A-liner further defining an inner A-liner surface and an outer A-liner surface, and the second textured sheet (B-liner) 51110b further defines a first B-liner end and a second B-liner end spaced from the first B-liner end, a first longitudinal B-liner edge extending between the first B-liner end and the second B-liner end, and a second longitudinal B-liner edge extending between the first B-liner end and the second B-liner end opposite the first longitudinal B-liner edge, the B-liner further defining an inner B-liner surface and an outer B-liner surface (paragraphs [0193] – [0195], and Annotated Figure 61-1, shown below).
PNG
media_image2.png
640
652
media_image2.png
Greyscale
Sollie discloses the claimed invention except for the first textured sheet (A-liner) 51110a is seated in the box cavity such that the outer A-liner surface at one of the A-liner end portions can contact the box bottom, the outer A-liner surface at the central A-liner portion can contact one of the sidewalls, and the other of the A-liner end portions defines a liner lid, wherein the second textured sheet (B-liner) 51110b is seated in the box cavity such that one of the first longitudinal B-liner edge and the second longitudinal B-liner edge rests atop the A-liner end portion contacting the box bottom, the other of the first longitudinal B-liner edge and the second longitudinal B-liner longitudinal edge defines a liner ridge, and such that the outer B-liner surface can contact the sidewalls of the box that are not contacted by the outer A-liner surface at the central A-liner portion. However, it would have been obvious to one having ordinary skill in the art at the time of the invention to change the orientation of the first and second textured sheets within the box, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP §2144.04(VI)(C). Such a change to the orientation of the first and second textured sheets within the box is illustrated below (Annotated Figure 61-2).
PNG
media_image3.png
535
437
media_image3.png
Greyscale
This modification corresponds to the claimed features requiring the A-liner is seated in the box cavity such that the outer A-liner surface at one of the A-liner end portions can contact the box bottom, the outer A-liner surface at the central A-liner portion can contact one of the sidewalls, and the other of the A-liner end portions defines a liner lid, wherein the B-liner is seated in the box cavity such that one of the first longitudinal B-liner edge and the second longitudinal B-liner edge rests atop the A-liner end portion contacting the box bottom, the other of the first longitudinal B-liner edge and the second longitudinal B-liner longitudinal edge defines a liner ridge, and such that the outer B-liner surface can contact the sidewalls of the box that are not contacted by the outer A-liner surface at the central A-liner portion, wherein the B-liner end consisting of one of the first B-liner end and the second B-liner end can contact the inner A-liner surface at the central A-liner portion. See also Annotated Figure 61-1, shown above. Sollie also teaches an embodiment where the cushioned mailer is sealed to itself or an adjacent layer to close the cavity defined therein, where the seal is facilitated by a tape, adhesive, or other suitable fastener (defining a tight seam between adjacent layers, the tight seam excluding any air gaps) (paragraph [0117]). Sollie does not explicitly teach sealing the first textured sheet (A-liner) 51110a to the second textured sheet (B-liner) 51110b in the embodiment taught in paragraphs [0193] – [0195] and Figure 61. However, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the interface between the first textured sheet (A-liner) 51110a and the second textured sheet (B-liner) 51110b of the embodiment disclosed in paragraphs [0193] – [0195] and Figure 61, as modified in the rearrangement rationale disclosed above, with the sealing means disclosed in paragraph [0117] to facilitate a means of closing the interior box cavity 61122 of the box 61120 in such an embodiment. This modification corresponds to the B-liner end consisting of one of the first B-liner end and the second B-liner end can contact the inner A-liner surface at the central A-liner portion to define a tight seam between the B-liner end and the central A-liner portion, the tight seam excluding any air gaps between the B-liner end and the central A-liner portion.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sollie and Delafosse as applied to claim 12 above, and further in view of United States Patent Application Publication No. US 2022/0267081 (hereinafter “Conway”), and United States Patent Application Publication No. US 2024/0002117 (hereinafter “Kapinos”).Regarding claim 13 The limitations from claim 12 have been set forth above. In addition, Sollie illustrates the A-liner as seated in the box cavity defines an A-liner height, the B-liner as seated in the box cavity defines a B-liner height, and the sidewalls 61128a-d define a box height (Annotated Figure 61-2, shown above). Sollie teaches a top box panel (not shown) can be formed at the top box end 61126 of the box (paragraph [0195]). Sollie does not explicitly teach the top box panel comprises a first top flap joined to the first side panel by a first fold line, a second top flap joined to the second side panel by a second fold line, a third top flap joined to the third side panel by a third fold line, and a fourth top flap joined to the fourth side panel by a fourth fold line. Conway teaches a conventional box having a plurality of sidewalls (side panels) 127-1 through 127-4, a plurality of bottom closure flaps, and a plurality of top closure flaps 129-1 through 129-4 (paragraph [0074]). Conway teaches a first top closure flap 129-1 is joined to a first sidewall (side panel) 127-1 by a first fold line, a second top closure flap 129-2 is joined to a second sidewall (side panel) 127-2 by a second fold line, a third top closure flap 129-3 is joined to a third sidewall (side panel) 127-3 by a third fold line, and a fourth top closure flap 129-4 joined to the fourth sidewall (side panel) 127-4 by a fourth fold line (Figure 4). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the top box panel of Sollie from the plurality of top closure flaps disclosed by Conway motivated by the expectation of successfully practicing the invention of a conventional top box panel for a packaging box. Sollie does not explicitly teach the box height is smaller than the A-liner height and smaller than the B-liner height, wherein the A-liner and the B-liner undergo compression upon closure of the liner lid across the liner ridge and closure of the first top flap, the second top flap, the third top flap, and the fourth top flap across the box opening, the compression effecting a sealing engagement of the A-liner and the B-liner with one another and with the box. Kapinos teaches in packaging applications, components loosely packaged therein may shift during transit causing damage (paragraph [0030]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the size of the box of Sollie to facilitate a compressive force onto the components packaged therein (compression effecting a sealing engagement of the materials located within the packaging) upon closing the lid to prevent shifting and possible damage to said components from the components being loosely packaged. Such a modification corresponds to the box height being smaller than the A-liner height and smaller than the B-liner height from Sollie.
Response to Arguments
Applicant's arguments filed 24 February 2026 have been fully considered but they are not persuasive.
The applicant argued the prior art of record does not teach the amendment to the claims. Specifically, Sollie does not disclose a bubble layer in which the axes of adjacent rows of bubbles are separated by a distance that is substantially the same as the diameter of the encapsulated bubbles, and Delafosse fails to remedy the alleged deficiencies of Sollie. The examiner respectfully disagrees. As is provided in the updated rejection of record, Sollie is shown to teach: (1) the sockets, which correspond to the claimed plurality of encapsulated bubbles, may be provided in a plurality of linear columns and rows; (2) the sockets provide the cushioning effect to the cushioned/textured mailer; and (3) the sockets may be oriented in any suitable arrangement or pattern. Therefore, it is the position of the examiner that it would require nothing more than routine skill to determine a suitable arrangement or pattern, which includes the spacing, of the plurality of sockets to achieve a desired cushioning effect to the mailer.
The remaining arguments have been considered, but fail to articulate any additional position. Therefore, the examiner’s response to the previous argument is considered to be applicable and is incorporated herein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0117239 teaches a plurality of spherical encapsulated bubbles which are tightly arranged (distance between axes of adjacent rows is substantially the same as a diameter of an encapsulated bubble) for insulation (paragraph [0218]; and Figures 5B and 23).
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 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 BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
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, Veronica Ewald can be reached at (571) 272-8519. 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.
/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783