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 .
Terminal Disclaimer
The terminal disclaimer filed on 2/20/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,422,085 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Withdrawn Rejections
Any rejections made in the previous Office Action mailed on 11/26/2025 and not repeated below are hereby withdrawn due to Applicant's amendment filed on 2/20/2026.
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 14-17 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 14 recites the limitation "the first continuous paper sheet" in line 13. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
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.
Claims 14, 16, 17, 21, 27, 29 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlson (US3617428).
Regarding claim 14, Carlson discloses an insulation or cushioning product (Fig. 1), comprising a first layer (layer 12), a second layer (layer 11) and a paper core (medium 13) comprising an adhesive coating (14), the paper core formed into a plurality of flexible loops (flutes) on the first layer and the second layer, the plurality of flexible loops (flutes) comprising a first flexible loop formed on and attached to the first layer (12) when formed (Fig. 1), a second flexible loop formed on and attached to the second layer (11) when formed (Fig. 1), and a third flexible loop formed on and attached to the first layer (12) when formed (Fig. 1), and wherein the second flexible loop is disposed between the first and third flexible loops proximate the second layer (Fig. 1), wherein the paper core (13) is disposed between and attached to the first layer (12) and the second layer (11), and wherein the first continuous paper sheet (13) has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (col. 2, lines 42-47).
Regarding claim 16, Carlson discloses the adhesive coating (14) being disposed on a plurality of regions of the paper core (Fig. 1, core 13), the paper core (13) is attached to the first layer (11) only at one or more first contact points (14), and the paper core (13) is attached to the second layer (12) only at one or more second contact points (14).
Regarding claim 17, Carlson discloses the one or more first contact points (14) form a first pattern on the first layer (11), and the one or more second contact points (14) form a second pattern on the second layer (12).
Regarding claim 21, Carlson discloses an insulation or cushioning product (Fig. 1), comprising a first layer (layer 11 or 12) comprising a first adhesive coating (adhesive 14), and a first continuous paper sheet (medium 13) formed into a first plurality of flexible loops (flutes) on the first layer, at least one flexible loop of the first plurality of flexible loops attached to the first layer when formed (Fig. 1), and the first plurality of flexible loops defining a first plurality of air channels that extend in a direction that is substantially perpendicular with a machine direction of the insulation or cushioning product (Fig. 1), wherein the first continuous paper sheet has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (col. 2, lines 42-47).
Regarding claim 27, Carlson discloses the first adhesive coating is activated by pressure (col. 10, lines 24-28).
Regarding claim 29, Carlson discloses the first continuous paper sheet having a basis weight that is less than a basis weight of the first layer (col. 2, lines 42-47 and lines 57-62).
Regarding claim 30, Carlson discloses the first continuous paper sheet having a basis weight that is greater than a basis weight of the first layer (col. 2, lines 42-47 and lines 57-62).
Claims 14-17, 21, 27, 29 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gray et al. (WO 96/38295) [hereinafter Gray].
Regarding claim 14, Gray discloses an insulation or cushioning product (Figs. 1-3), comprising a first layer (top layer 10), a second layer (bottom layer 10) and a paper core (16) comprising an adhesive coating (adhesive layer 11; page 5, line 3), the paper core formed into a plurality of flexible loops (corrugations) on the first layer and the second layer (layers 10), the plurality of flexible loops comprising a first flexible loop formed on and attached to the first layer (top layer 10) when formed (Fig. 1-3), a second flexible loop formed on and attached to the second layer (bottom layer 10) when formed (Fig. 1), and a third flexible loop formed on and attached to the first layer (top layer 10) when formed (Fig. 1), and wherein the second flexible loop is disposed between the first and third flexible loops proximate the second layer (Figs. 1-2), wherein the paper core (13) is disposed between and attached to the first layer (10) and the second layer (10), and wherein the first continuous paper sheet (16) has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (page 1 of Description).
Regarding claim 15, Gray discloses the adhesive coating (11) comprising a continuous adhesive coating covering a surface of the paper core (Figs. 1-3).
Regarding claim 16, Gray discloses the adhesive coating (11) being disposed on a plurality of regions of the paper core (core 16), the paper core (16) is attached to the first layer (top layer 10) only at one or more first contact points (Y), and the paper core (16) is attached to the second layer (bottom layer 10) only at one or more second contact points (X).
Regarding claim 17, Gray discloses the one or more first contact points (Y) form a first pattern on the first layer (10), and the one or more second contact points (X) form a second pattern on the second layer (10).
Regarding claim 21, Gray discloses an insulation or cushioning product (Figs. 1-3), comprising a first layer (layer 10) comprising a first adhesive coating (adhesive layer 9 or 11), and a first continuous paper sheet (layer 16) formed into a first plurality of flexible loops (corrugations) on the first layer, at least one flexible loop of the first plurality of flexible loops attached to the first layer when formed (Figs. 1-3), and the first plurality of flexible loops defining a first plurality of air channels that extend in a direction that is substantially perpendicular with a machine direction of the insulation or cushioning product (Figs. 1-3), wherein the first continuous paper sheet has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (see page 1 of Description).
Regarding claim 27, Gray discloses the first adhesive coating is activated by pressure (page 5, third paragraph).
Regarding claim 29, Gray discloses the first continuous paper sheet having a basis weight that is less than a basis weight of the first layer (page 1 of Description).
Regarding claim 30, Gray discloses the first continuous paper sheet having a basis weight that is greater than a basis weight of the first layer (page 1 of Description).
Claims 14, 16, 17, 21, 22, 25, 27, 29 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bonner (US 5,702,052).
Regarding claim 14, Bonner discloses an insulation or cushioning product (Figs. 3, 6 and 26), comprising a first layer (Fig. 3, outer liner 1 or Fig. 26, outer liner 26), a second layer (Fig. 10; and Fig. 26, layer 27) and a paper core (Figs. 3-6, flute medium 2 or Fig. 26, flute medium 28 or 29) comprising an adhesive coating (Fig. 6, adhesive 6; col. 3, lines 51-60), the paper core formed into a plurality of flexible loops on the first layer and the second layer (Fig. 10), the plurality of flexible loops comprising a first flexible loop formed on and attached to the first layer when formed (Fig. 10), a second flexible loop formed on and attached to the second layer when formed (Fig. 10), and a third flexible loop formed on and attached to the first layer when formed (Fig. 10), and wherein the second flexible loop is disposed between the first and third flexible loops proximate the second layer (Fig. 10), wherein the paper core (2) is disposed between and attached to the first layer and the second layer (Fig. 10), and wherein the first continuous paper sheet (2) has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (120 g/m2; col. 5, lines 55-58).
Regarding claim 16, Bonner discloses the adhesive coating (6) being disposed on a plurality of regions of the paper core (core 2), the paper core (2) is attached to the first layer only at one or more first contact points, and the paper core (2) is attached to the second layer only at one or more second contact points (Figs. 6 and 10).
Regarding claim 17, Bonner discloses the one or more first contact points form a first pattern on the first layer, and the one or more second contact points form a second pattern on the second layer (Figs. 6 and 10; col. 3, lines 51-60).
Regarding claim 21, Bonner discloses an insulation or cushioning product (Figs. 3, 6 and 26), comprising a first layer (Fig. 3, outer liner 1 or Fig. 26, outer liner 26) comprising a first adhesive coating (Fig. 6, adhesive 6; col. 3, lines 52-60), and a first continuous paper sheet formed into a first plurality of flexible loops (Fig. 3, flute medium 2 or Fig. 26, flute medium 28 or 29) on the first layer, at least one flexible loop of the first plurality of flexible loops attached to the first layer when formed (Fig. 6), and the first plurality of flexible loops defining a first plurality of air channels that extend in a direction that is substantially perpendicular with a machine direction of the insulation or cushioning product (Fig. 1), wherein the first continuous paper sheet has a basis weight of about 18 lbs. per 3000 ft.2 to about 120 lbs. per 3000 ft2 (120g/m2; col. 5, lines 55-58).
Regarding claim 22, Bonner discloses a pitch between at least some of the plurality of flexible loops is about 0.01 inches to about 8 inches (claim 8).
Regarding claim 25, Bonner discloses a pitch between at least some of the plurality of flexible loops is about 0.3 inches to about 8 inches (claim 8).
Regarding claim 27, Bonner discloses the first adhesive coating is activated by pressure (claim 2).
Regarding claim 29, Bonner discloses the first continuous paper sheet having a basis weight that is less than a basis weight of the first layer (col. 5, lines 51-59).
Regarding claim 30, Bonner discloses the first continuous paper sheet having a basis weight that is greater than a basis weight of the first layer (col. 5, lines 51-59; claim 6).
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 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Bonner.
Bonner teaches the claimed insulation or cushioning product, but fails to teach the pitch between at least some of the plurality of flexible loops being about 0.3 inches to about 0.8 inches and 0.01 inches to about 0.8 inches. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pitch between at least some of the flexible loops in Bonner to be from about 0.3 inches to about 0.8 inches or be from 0.01 to about 0.8 inches, since it has been held that 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. MPEP 2144.05 (II).
Allowable Subject Matter
Claims 1-6, 8-13 and 18-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The closet prior art of record, Allan (US2938567), fails to teach or suggest the distinct limitation “wherein the first continuous paper sheet has a basis weight of about 18 lbs. per 3000 ft2 to about 120 lbs. per 3000ft2 as now recited in independent claim 1. Additionally, the cited prior art fails to teach or reasonably suggest the distinct feature of “wherein the insulation or cushioning product has an indentation force deflection of 1.5 to 180 pounds per square inch at 50% thickness reduction” as recited in independent claim 18.
Claim 23 and 28 are 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.
Response to Arguments
Applicant’s arguments, filed 2/20/2026, with respect to claims have been considered, but are moot in view of the new grounds of rejection and because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new grounds 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 CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781