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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 15, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 and 6 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claims 4 and 6 appear to be present in claim 1, thereby failing to further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, 6, 10 – 13, and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Baratto et al. (USPN 5,465,900).
Baratto et al. disclose a multi-use adhesive tape (Figures; Abstract) including: a) a first backing layer (Figures 9a-9c, #70n); b) a first adhesive layer on at least part of a surface of the first backing layer (Figures 9a-9c, #70m); c) a second backing layer (Figures 9a-9c, #60n); and, d) a second adhesive layer on at least part of a surface of the second backing layer (Figures 9a-9c, #60m), wherein the second adhesive layer is releasably engaged directly onto the first backing layer (Column 8, lines 59 – 64) and wherein the tape is configured to: i) adhere the first adhesive layer, the first backing layer, the second adhesive layer and the second backing layer to an article using the first adhesive layer (Figures 9a – 9c); and, ii) remove the first adhesive layer, the first backing layer, the second adhesive layer and the second backing layer from the article, and after removal from the article, release the second backing layer and second adhesive layer from the first backing layer and directly adhere the second backing layer and the second adhesive layer to the article without the first adhesive layer and without the first backing layer using the second adhesive layer (Figures; Abstract; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Baratto et al. clearly discloses the claimed structure that may be used to seal a box.); wherein the first adhesive layer extends over at least part of a first surface of the first backing layer (Figures 9a – 9c); and the second adhesive layer is releasably engaged directly onto a second surface of the first backing layer (Figures 9a – 9c; Column 8, lines 59 – 64); wherein the second adhesive layer extends over part of at least one of the first and second backing layers to thereby facilitate separation of the second adhesive layer from the first backing layer (Figures 9a – 9c; Column 8, lines 59 – 64) as in claim 1. With respect to claim 4, a) the first adhesive layer extends over a first part of a first surface of the first backing layer; and, b) the second adhesive layer is releasably engaged with a second part of the first surface of the first backing layer (Figures 9a – 9c; Column 8, lines 59 – 64). Regarding claim 6, the tape includes: a) a first tape portion including: i) the first backing layer; and, ii) the first adhesive layer on at least part of a surface of the first backing layer; and, b) a second tape portion including: i) the second backing layer; and, ii) the second adhesive layer, wherein the second adhesive layer is releasably engaged with the first backing layer so that the first and second tape portions can be separated and wherein the tape is configured so that after removal from the article, the first and second tape portions can be separated so that the second tape portion can be applied to the article using the second adhesive layer (Figures 9a – 9c; Column 8, lines 59 – 64). For claim 10, the tape includes a release layer between the second adhesive layer and the first backing layer, and wherein the release layer includes polyolefin films and polyester films (Column 7, lines 34 – 37 and Column 8, lines 58 – 67). In claim 11, at least one of the first backing layer and the second backing layer includes paper, polypropylene polyester and filament/fiber combinations (Column 7, lines 34 – 37 and Column 8, lines 58 – 67). Regarding claim 12, the adhesive layers include at least one of a) pressure sensitive adhesive; b) heat activated adhesive; and, c) water activated adhesive (Column 7, lines 41 – 51). As in claim 13, the adhesive layers include at least one of ethylene vinyl acetate, acrylate, and rubber adhesives (Column 7, lines 40 – 56). With respect to claim 16, the article includes a box, and wherein the tape is configured to close the box with the first adhesive layer and subsequently reclose the box with the second adhesive layer (Figures; Abstract).
Response to Arguments
Applicant’s arguments with respect to claims 1, 4, 6, 10 – 13, and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record on the PTO-892 and not relied upon is considered pertinent to applicant's disclosure. The cited prior art is directed towards multilayered tapes used to seal different items.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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, Alicia Chevalier can be reached at 571-272-1490. 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.
/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/ Primary Examiner, Art Unit 1788 June 24, 2026
Prosecution Insights