10522473 (P.T.A.B. Mar. 27, 2013)

Ex Parte Kannankeril et al

Patent Trial and Appeal BoardMar 27, 2013

10522473 (P.T.A.B. Mar. 27, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/522,473 09/26/2005 Charles Kannankeril D-30298-01-US 3671 7590 03/27/2013 Sealed Air Corporation P O Box 464 Duncan, SC 29334 EXAMINER SCHATZ, CHRISTOPHER T ART UNIT PAPER NUMBER 1746 MAIL DATE DELIVERY MODE 03/27/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte CHARLES KANNANKERIL, BOB O'DOWD, and MIKE METTA ____________________ Appeal 2011-013602 Application 10/522,473 Technology Center 1700 ____________________ Before RICHARD E. SCHAFER, CATHERINE Q. TIMM, and GRACE KARAFFA OBERMANN, Administrative Patent Judges. TIMM, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF CASE Appellants appeal under 35 U.S.C. § 134 from the Examiner’s decision to reject claims 1-8 and 10-20 under 35 U.S.C. § 103(a) as obvious over Schornstheimer1 in view of Chavannes2 and Caputo3. We have jurisdiction under 35 U.S.C. § 6(b). 1 Schornstheimer, US 3,070,481, patented Dec. 25, 1962. App App claim infla mad 41 (S 2 Ch 3 Cap eal 2011-0 lication 10 We AFF Appellan 1 as repr table lamin Figure 3 e accordin D Inflatabl pec. 10:1 avannes, U uto, US 4 13602 /522,473 IRM. ts do not esentative ated artic , reproduc g to the pr iagrammat e article 2 8). The he S 3,142,5 ,576,669, argue any . Claim 1 le. ed below d ocess: ic view of 0 has heat at sealed p 99, patente patented M 2 claim apar is directed epicts a se a section (Spec. 4:2 sealed por ortions co d Jul. 28, ar. 18, 19 t from the to a proce ction of a of an infla 6) tions 40 an rrespond i 1964. 86. others. W ss for mak n inflatabl table artic d unseale n shape to e select ing an e article le 20 d portions the App App patte seco infla eal 2011-0 lication 10 rn raised p nd films u Figure 1 table artic Schem 13602 /522,473 ortions on sed to form depicts th le and is re atic of a p the surfac the inflat e process produced referred p (Sp 3 e of a roll able articl and appara below: rocess for ec. 4:24) er used to e (Spec. 1 tus used to making th laminate f 0:18-21). produce e inflatab irst and the le article Appeal 2011-013602 Application 10/522,473 4 Claim 1 is reproduced below with the reference numerals from Figures 1 and 3 to illustrate the claimed invention. Claim 1: A process for making an inflatable laminated article [20], comprising the steps of: (A) contacting a first flat film [8] with a second flat film [10]; (B) heating selected portions of at least one the first and second flat films [8, 10] to a temperature above a fusion temperature of the first and second flat films [8, 10], so that the first and second flat films [8, 10] are heat sealed to one another to produce a laminated article [20] having heat seal pattern which provides a plurality of inflatable chambers [41] between the first flat film [8] and the second flat film [10], including passing the first and second flat films [8, 10] together in a partial wrap around a heated roller [16] having a raised surface [24]; and (C) rolling up or transporting the first and second flat films [8, 10] after they are heat sealed to one another, for subsequent inflation and sealing; and wherein the first and second flat films [8, 10] are forwarded at a speed of at least 120 feet per minute while coming into contact with one another, and wherein the heating is carried out by contacting the first flat film [8] with the heated raised surface roller [16] having a release coating thereon. OPINION There is no dispute that Schornstheimer discloses methods of making an inflatable article in which a first flat film (13’) is contacted with a second flat film (15’) and the two films heat sealed between rollers, one of which has a raised surface 20 (Compare Ans. 5 with Br. 12-15). The Examiner and Appellants disagree over whether Schornstheimer teaches or suggests “passing the first and second flat films together in a partial wrap around a App App heate 5 wi emb of Fi findi seale Ther teach Scho eal 2011-0 lication 10 d roller ha th Br. 14). Schornst odiments o Schem proc It is the gure 7 par ng. Both d films ar efore, we the partia With res rnstheime 13602 /522,473 ving a rai heimer’s F f Schorns atic repres ess (Scho Examiner’ tially wrap films 13’ a e laminate cannot agr l wrappin pect to the r teaches h sed surfac igures 1 a theimer’s p entation o rnstheimer s position around ro nd 15’ par d and conv ee with Ap g aspect of heated ro eating rol 5 e” as requi nd 7, repr rocess: f two emb , col. 2, ll. that Schor ller 33 (A tially wrap eyed past pellants th the claim ller limitat ler 33 (Br. red by cla oduced be odiments o 21-23 and nstheimer ns. 5). Fig around a the roller at Schorn limitation ion, it is n 14). im 1 (Com low, depic f Schorns ll. 42-44) ’s films 13 ure 7 sup roller 33 (Figure 7) stheimer f . ot dispute pare Ans. t two theimer’s ’ and 15’ ports this as the heat . ails to d that App App furth (see and 66). raise exten the b coop lami The base eal 2011-0 lication 10 The que er found b Ans. 5 and In Schor 15’ are lam The roll 1 d portions While S sion roll road discl erating ro nate the fil function o d upon wh Schornst D inventio thermop resulting surround sheets or of the sh 13602 /522,473 stion is wh y the Exam 9). nstheimer inated in 8’, analog 20. Roll Elevati (Sc chornsthei 18’ of Figu osure of th lls, e.g., ro ms and at f heat seal ich of the heimer di efined in i n comprise lastic mate from unio ing the ch films and eets or film ether Scho iner, con ’s Figure 7 the nip bet ously to th 18 is furth onal view hornstheim mer’s Figu re 7, as ha e referenc lls 18’ and least one ing only at rolls inclu scloses tha ts broadest s laminati rial with a n of the sh amber. Th exerting p s is in a h 6 rnstheime figuring ro embodim ween rolle e roll 18 o er shown i of a roll ha er, col. 2, re 2 depic ving the r e that the c 33 of Fig of the rolls the raised des the rai t aspects, t ng togethe n inflation eets or fil is is achie ressure th ot, plastic r teaches o ller 33 wi ent, previo rs 18’ and f Figure 1 n Figure 2 ving rece ll. 24-27) ts roll 18 o aised porti ritical asp ure 7, app includes portions d sed portion he method r two shee chamber ms only in ved by sup ereon whi condition r suggest th a raised usly mad 33 (col. 4 , has reces , reproduc sses f Figure 1 ons, it is c ect is that ly pressure the raised oes not ch s. of this ts or films therebetw the regio erposing t le at least , the press s, as surface e films 13’ , ll. 43- ses 19 and ed below: , and by lear from the two to portions. ange of een ns he one ure Appeal 2011-013602 Application 10/522,473 7 being applied substantially concomitantly with the superposition through the agency of cooperating rigid and resilient surfaces at least one of which has recesses corresponding in configuration with that of the desired inflation chamber in the completed article. Hence laminating pressure is exerted only upon the portions of the sheets or films externally of the desired inflation chamber and the portions of the sheets or films within the margins of the inflation chamber are not adhered so that these portions of the sheets or films form the walls of the chamber. (Schornstheimer, col. 2, ll. 45-62) (emphasis added). The broader disclosure of Schornstheimer supports the obviousness of placing the raised portions onto roll 33 of Schornstheimer. A preponderance of the evidence supports the Examiner’s conclusion of obviousncess. CONCLUSION We sustain the Examiner’s rejection. DECISION The Examiner’s decision is affirmed. TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1). AFFIRMED cam