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 § 102
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.
(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(s) 1-8, 10, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhangzhou (CN 211520161 U).
Regarding claims 1, 6-8, 10, and 21, Zhangzhou discloses a packaging insulation liner comprising an insulation pad (101); and a foil paper (102/104) coupled to the insulation pad, the foil paper comprising a paper layer and a metallic layer directly attached the paper layer (see Par. 0024), wherein the foil paper is recyclable (Examiner considers Zhangzhou’s foil paper to be recyclable).
Regarding claims 2-3 and 5, Zhangzhou discloses a packaging insulation liner wherein the insulation pad has a first surface and a second surface opposite of the first surface, and the foil paper is attached to the first surface (see Fig. 2). Examiner notes that the foil paper is attached on both sides of the insulation pad.
Regarding claim 4, Zhangzhou discloses a packaging insulation liner wherein a foil-free paper is attached to the second surface (Examiner notes that the portion of the foil paper that corrugated paperboard 102 is attached to the surfaces of the insulation pad and is free of a metallic layer). Examiner further notes that the polymer waterproof layer (106) is separate and distinct from the foil paper (102/104; see Fig. 2)
Claim(s) 1, 6-8, 10, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Palmer et al. (US 2011/0284556 A1; hereinafter Palmer).
Regarding claims 1, 6-8, 10, and 21, Palmer discloses an insulated shipping container comprising an insulation pad (6; see Fig. 3); and a foil paper (7) coupled to the insulation pad, the foil paper comprising a paper layer and a metallic layer directly attached the paper layer (see Par. 0020; Examiner notes that the foil paper is disclosed as an aluminum foil with a paper backing), wherein the foil paper is recyclable (Examiner considers Palmer’s foil paper to be recyclable).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhangzhou in view of Tornblom et al. (US 2023/0249889 A1; hereinafter Tornblom).
Regarding claim 9, Zhangzhou discloses the claimed invention except for substrate binder fibers being bi-component thermoplastic polymer fibers. Tornblom teaches a packaging comprising a plurality of fibers including substrate fibers and binder fibers, the substrate fibers are made of the material selected from the group consisting of thermoplastic, cellulose (see Par. 0048), and combinations thereof, and the binder fibers are bicomponent fibers made of thermoplastic (see Par. 0051 and 0057). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to modify Zhangzhou’s liner to incorporate bi-component thermoplastic binder finders in order to further provide shock absorption and insulative characteristics to Zhangzhou’s insulating pad (Tornblom; see Par. 0004).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palmer in view of Collison et al. (US 2019/0248573 A1; hereinafter Collison).
Regarding claim 11, Palmer discloses the claimed invention except for a cardboard box. Collison teaches an insulated shipping system including an insulative insert wherein the shipping system includes a container that is a cardboard box (see Par. 0037). It would have been obvious to one of ordinary skill in the art at the time of Applicant’s filing to place Palmer’s insulative pad and liner within a cardboard box in order to provide a container that is environmentally friendly (Collison; see Par. 0005).
Response to Arguments
Applicant’s arguments, see Pages 6-8, filed 07/20/2026, with respect to the rejection(s) of claim(s) 1-11 under USC 103(a)—Collison in view of Humphries have been fully considered and are persuasive. The combination lacks a metallic layer directly attached to the paper layer. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of USC 102(a)(1)—Zhangzhou or Palmer.
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 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 CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
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