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 .
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 1-4, 6, 8 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over De Luca (5,535,888) in view of Eckel (10,850,906). De Luca discloses a gas-fillable insulating packaging material (see column 6, lines 46-60 and column 8, lines 30-49) comprising a low-emitting internal film material (see column 6, lines 61 through column 7, line 4, column 7, lines 39 through column 8, line 2, and column 8, lines 30-49, baffles 305 are made of insulating material having a high emissivity because the material being a thermally insulating white color that resists heat transfer which is low-emitting and not high-emitting, see column 3, lines 51-56), and outer pouch layers that encapsulate the low-emitting internal film material on a bottom side and a top side of the low-emitting internal film material (see layers 2, 2’ encapsulating the baffles 305 on the top and bottom of the baffles), and the outer pouch layers are inflatable via an air cushion machine (see column 7, line 31 through column 8, line 29, the area between layers 2, 2’ is inflated by an air source) where the outer pouch layers are sealed on a sealed side (see Figure 4 and column 7, lines 5-30 at perimeter P), but does not disclose the outer pouch layers are unsealed on an open side prior to inflation and subsequently sealed after inflation. However, Eckel discloses a gas-fillable insulating packaging material (see column 3, line 35 through column 4, line 40) comprising outer pouch layers (see column 3, line 48 through column 4, line 40) and the outer pouch layers are configured to be inflatable (column 4, lines 10-31), where the outer pouch layers are sealed on a sealed side (see column 4, lines 10-31, see cushion 34 at edge 28) and unsealed on an open side prior to inflation and subsequently sealable on the open side after inflation (see column 4, lines 10-31 and Figures 6A-6B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the packaging material of De Luca with an unsealed open side prior to inflation and being subsequently sealable on the open side after inflation in the manner of Eckel as claimed, as such a modification would predictably provide improved efficiency of inflation of the packaging material.
As to claims 2-4, in the modification above, De Luca would provide the low-emitting internal film material including a low thermal emission (see column 6, line 61 through column 7, line 4, column 7, line 39 through column 8, line 2 and column 8, lines 30-49, baffles 305 have a high emissivity). De Luca further describes the packaging material as being a thermally insulating white color that is low-emitting. To provide an appropriate thermal emissivity to provide proper and sufficient thermal protection is within the level of ordinary skill in the art.
As to claim 6, the modified De Luca discloses the low-emitting internal film material including a multilayered internal film structure including at least one low-emissivity surface on each layer of the multilayered internal film structure (baffle 305 comprises film layers 601, 604, 607 and 610 each comprising the same material.
As to claim 8, the modified De Luca discloses the multilayered internal film structure includes material consisting of polymer sheets (polyethylene, see column 7, line 31 through column 8, line 2), paper sheets, biodegradable material sheets and thin sheets.
As to claim 16, the modified De Luca is formed in an elongated roll of the packaging material (see Figure 9, column 9, lines 15-28, roll 651), the low-emitting internal film material is offset from the open side of the outer pouch layers (see Figures 9-11 and column 10, lines 9-33, roll 651 including layers 601, 604, 607, 610 is offset from rolls 60 with layers 2, 2’)., the outer layers comprise heat weldable film (column 7, lines 5-15) wherein the heat weldable film is configured to be inflatable (see column 7 line 31 through column 8, line 29) .
As to claims 17 and 18, the modified De Luca discloses the multilayered internal film structure configured for cold chain packages (see column 1, lines 5-47, column 5, lines10-20 and column 8, lines 20-29) so that they insulate the cold chain packages, do not require specialty gasses or excessive storage spaces, and structurally supports products in transit and adds an ability to thermally insulate comparably with existing containers including expanded polystyrene containers.
Claims 14-15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over De Luca in view of Hurley Jr. (2009/0017261). De Luca has been described above, and further includes a gas sealed inside the outer pouch layers (thin film layers 2, 2’ encapsulating the baffles 305 on the top and bottom, and column 7, line 31 through column 8, line 29), but does not disclose a carrier layer connecting the top side and the bottom side of the low-emitting film internal structure to the outer pouch layers. However, Hurley Jr. discloses a gas-fillable insulating envelope (see Figures 3 and 4 and paragraphs 0034-0036) comprising an inner layer (Z), outer pouch layers (X) and a carrier layer (Y) the carrier layer configured to connect a top side and a bottom side of the inner layer to the outer pouch layers (see Figure 4, and paragraphs 0044, 0047 and 0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the packaging envelope of De Luca with a carrier layer in the manner of Hurley Jr. as claimed, as such a modification would predictably provide securement between the layers of material as suggested by Hurley Jr..
As to claim 15, De Luca further discloses a thin, heat-sealable polymer adhered to the top side and the bottom side of the film material of the multilayered internal film structure and the outer pouch layers employing adhesive Hurley Jr., paragraphs 0044 and 0049).
As to claim 20, De Luca further discloses a box (see Figures 6a-6b and box blank 47) with a bottom surface (41), a top surface (43), a front surface (42), a back surface (68), a left surface (38) and a right surface (108).
Claims 5, 7 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over the art as applied to claims 4 and 6 above, and further in view of Yializis et al. (2019/0210324). Yializis et al. disclose a similar packaging material including an aluminum surface (see paragraphs 0041-0045). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the modified packaging material of De Luca with an aluminum surface in the manner of Yializis et al. as claimed, as such a modification would predictably provide improvement in the thermal protection of the packaging material.
As to claim 10, the modified De Luca discloses the multilayered internal film structure is configured to expand when the outer pouch layers are inflated to create an insulating structure (see column 7, line 31 through column 8, line 29, baffles 305 are inflated and expanded when air flows through strip 1).
As to claims 11 and 13, the modified De Luca discloses the multilayered internal film structure includes a bonding layer configured to bond the top side and the bottom side of the multilayered internal film structure to the outer pouch layers to create an insulating structure with spacing for internal air gaps (see Figures 9 and 10, column 9, lines 15-40, bonding alternates between adhesive 650 and spots between with no adhesive), the alternating bonding pattern configured for creating the spacing for the internal air gaps (column 9, lines 15-40), whereby the alternating bonding pattern is configured to expand into a voided or honeycomb internal structure to ensure proper expansion during inflation.
As to claim 12, the modified De Luca discloses the alternating bonding patterns including bonding of adjacent layers selected from adhesive bonding (column 9, lines 15-40, adhesive used at points 650 bonding between layers 2 and 2’), heat weld bonding, embossing, taping and combinations thereof.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (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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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
