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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 7-9, 11-12, 14 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Mase (US 2011/0165360) in view of Friedland et al. (US 6,238,762), Herbig et al. (US 2007/0212509), and Hager (US 4,979,619).
Regarding claim 1, Mase teaches multilayer films which includes a base sheet (“a first sheet of material supported by the substrate”), an adhesive layer applied to the back surface and a separator sheet (“substrate”) temporarily attached to the adhesive layer (Paragraph [0010]). As illustrated in figures 1-6, the separator sheet is provided with a slit which permits easy removal of the separator sheet from the adhesive and the base sheet (“the first sheet of the first material configured to be removed from the substrate”) (Paragraphs [0047]-[0061]). Furthermore, the films may include an effective area and a disposable area which is removed following the application of the films, or before the application of the films, and the disposable area may be in any shape (Paragraphs [0068]-[0071]). The sheets of Mase are defined to be protective sheets (Paragraph [0050]).
Mase is silent with respect to the detachable area is provided with a first perforation extending partially through the first sheet.
Friedland teaches a cover sheet which is adapted to facilitate hand-tearing through the use of reticulated through-cut microperforations and embossed prescores (Col. 7-13). The sheets are provided with a rectangular grid lines, or lines of weakness, extending in two directions which are perpendicular to each other (Col. 44-57). The grid lines may be formed such that they only extend partway through the thickness of the face sheet (Col. 3, Lines 39-45). The face sheet is further taught to be a transparent film which is able to be seen through while protecting surfaces (Col. 4, Lines 30-34).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the lines between the disposable area and the effective area as grid lines which extend only partway through in order to allow for easy removal though hand-tearing as taught by Friedland.
Mase is further silent with respect to the base sheet or the separable layers further including a tab configured to facilitate removal of the base sheet from the separable layer.
Herbig teaches an adhesive cutout for adhering an object to another object (Paragraph [0003]). The cutouts include an adhesive layer which is sandwiched between first and second release liners (Paragraph [0032]; Figs. 1A-1C). The liners may further include tabs in order to facilitate removal of the liners (Paragraphs [0046]-[0047]; Figs. 8-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the base sheet or the separator sheet to further include tabs to facilitate easy removal of the sheets as taught by Herbig.
Mase is lastly silent with respect to the films further being sized to be coupled to a casing for a trading card.
Hager teaches cases for protective long-term storage of sports cards which may be stacked and interlocked (Col. 3, Line 4-Col. 4, Line 20). The cases are designed to be able to be provided in a reviewable display (Col. 4, Lines 18-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to configure the films of Mase to be designed to protect the trading card cases of Hager such that the films of Mase are designed to be protective sheets and Hager teaches a display system for trading cards.
Regarding claim 2, Mase teaches the films as discussed above with respect to claim 1. As discussed above, the cover sheets may be used as a protective sheet. The sheets may further be formed from a polymer or a copolymer (Col. 3, Lines 46-55).
Therefore, it would have been obvious to one of ordinary skill in the art to form the protective films of Mase from a polymer or copolymer which is suitable for a protective sheet as taught by Friedland.
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Regarding claim 3, Mase teaches the films as discussed above with respect to claim 1. As discussed above, the films are sized to protect the casings of Hager. As shown in the figure below, the sizing of the films to the casing would result in the films having a first length and first width corresponding to a length and width of the casing.
Regarding claims 7-9, Mase teaches the films as discussed above with respect to claim 3. As discussed above, the films are sized to a trading card casing and may include effective areas and disposable areas which are separated by lines of weakness. Additionally, with would have been obvious to one of ordinary skill in the are that the effective areas would include the areas 31 and 17 in the figure above, which would correspond to the lines of weakness enclosing a first protective area having a second length and width which is less than the first lengths and widths and correspond to a slab area (#31).
Regarding claims 11-12, Mase teaches the films as discussed above with respect to claim 7. As discussed above, the films are sized to have effective areas which match the areas 31 and 17 wherein an effective area would match area 17. This would ultimately teach a second perforation, lines of weakness with a second protective area having a third length and width which is different from the second length and width.
Regarding claim 14, Mase teaches the films as discussed above with respect to claim 1. As discussed above, the cover sheets may be used as a protective sheet. The sheets may further be formed from a polymer or a copolymer (Col. 3, Lines 46-55).
Therefore, it would have been obvious to one of ordinary skill in the art to form the protective films of Mase from a polymer or copolymer which is suitable for a protective sheet as taught by Friedland.
Regarding claim 29, Mase teaches the films as discussed above with respect to claim 1. As discussed above, the films are sized to the casings of Hager and the films further include an effective area defined by the lines of weakness (“a portion of the first sheet extends beyond the at least one first perforation towards a length or width of the casing”).
Claims 16-18, 21-23, 25-26 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Mase (US 2011/0165360) in view of Lariviere, Jr. et al. (US 2001/0045022), Herbig et al. (US 2007/0212509), and Hager (US 4,979,619).
Regarding claim 16, Mase teaches multilayer films which includes a base sheet (“a kit” & “a first sheet of material supported by the substrate”), an adhesive layer applied to the back surface and a separator sheet (“substrate”) temporarily attached to the adhesive layer (Paragraph [0010]). The sheets of Mase are defined to be protective sheets (“a protector”) (Paragraph [0050]). As illustrated in figures 1-6, the separator sheet is provided with a slit which permits easy removal of the separator sheet from the adhesive and the base sheet (“the first sheet of the first material configured to be removed from the substrate”) (Paragraphs [0047]-[0061]). Furthermore, the films may include an effective area and a disposable area which is removed following the application of the films, or before the application of the films, and the disposable area may be in any shape (Paragraphs [0068]-[0071]).
Mase is silent with respect to the base sheet or the separable layers further including a tab configured to facilitate removal of the base sheet from the separable layer.
Herbig teaches an adhesive cutout for adhering an object to another object (Paragraph [0003]). The cutouts include an adhesive layer which is sandwiched between first and second release liners (Paragraph [0032]; Figs. 1A-1C). The liners may further include tabs in order to facilitate removal of the liners (Paragraphs [0046]-[0047]; Figs. 8-9).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the base sheet or the separator sheet to further include tabs to facilitate easy removal of the sheets as taught by Herbig.
Mase is silent with respect to the films further being sized to be coupled to a casing for a trading card.
Hager teaches cases for protective long-term storage of sports cards which may be stacked and interlocked (Col. 3, Line 4-Col. 4, Line 20). The cases are designed to be able to be provided in a reviewable display (Col. 4, Lines 18-20).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to configure the films of Mase to be designed to protect the trading card cases of Hager such that the films of Mase are designed to be protective sheets and Hager teaches a display system for trading cards.
Mase is silent with respect to the films further being provided with a template having a body including at least one surface configured to guide an instrument to facilitate cutting the protector, wherein the body of the first template defines a first guide extending through the body from a first side to a second side, the guide including the at least one surface, and wherein the first guide defines one or more interruptions, the one or more interruptions coupling together an inner wall and an outer wall of the first guide.
Lariviere teaches templates for guiding a cutting instrument for cutting selected materials so as to produce selected shapes (Paragraph [0002]). The templates include a sheet or panel which further include grooves in order to guide the cutting instrument (Paragraph [0018]; Fig. 1). The guides may take any form including rectangular shapes (Paragraph [0027]; Fig. 6). The templates allow for easy cutting of materials (Paragraphs [0017]; [0032]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing of the invention to form the films of Mase such that the effective areas and disposable areas are separated using the templates of Lariviere which allow for easy cutting of the areas. Furthermore, one of ordinary skill in the art would recognize that the templates of Lariviere would ultimately teach “a template having a body including at least one surface configured to guide an instrument to facilitate cutting the protector, wherein the body of the first template defines a first guide extending through the body from a first side to a second side, the guide including the at least one surface, and wherein the first guide defines one or more interruptions, the one or more interruptions coupling together an inner wall and an outer wall of the first guide.”
Regarding claim 17, Mase teaches the films as discussed above with respect to claim 16. As discussed above, Mase and Hager teaches the films being sized to protect a casing for a trading card case shown below:
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As shown in the figure above, the areas to be protected include the total casing, the slab area (#31), and the card area (#17). Furthermore, as discussed above, Lariviere teaches the templates with the guide grooves which may have any shape. Therefore, it would have been obvious to form the grooves to shape the films to the areas above. This would ultimately teach “the body of the template including an outer periphery and an inner periphery, at least one of the outer periphery and the inner periphery including the at least one surface and having dimensions corresponding to a dimension of an area to be protected on the casing.
Regarding claim 18, Mase teaches the films as discussed above with respect to claim 16. As discussed above, the films are cut using the template to protect the casings shown above, including the slab area (#31).
Regarding claim 21-23, Mase teaches the films as discussed above with respect to claim 16. As discussed above, the films are cut using the template having grooves to protect the casings shown above, including the slab area which would be a first length and width.
Regarding claims 25-26, Mase teaches the films as discussed above with respect to claim 21. As discussed above, the films are cut using the template having grooves to protect the casings shown above, including the slab area which would be a first length and width. The guide grooves may further be shaped to cover the card area which has a second length and width which is different from the first area.
Regarding claim 30, Mase teaches the films as discussed above with respect to claim 16. Lariviere teaches the templates as discussed above and further teaches the grooves being channels which extend fully through the template (Claim 15).
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 07/29/2026, with respect to the rejections of claims 1 and 16 under 35 U.S.C. 103 have been fully considered and are persuasive.
On pages 6-8, applicant argues that the limitations of claim 1 are not taught by Thomas such that the cuts of Thomas fail to teach the perforation extending partially through the first sheet. Instead, the cuts of Thomas would extend fully through the sheets.
Applicant further argues that claim 16 is not taught by Thomas such that the sizing grid fails to include a groove extending from a first surface to a second surface as required by the claim.
The examiner concedes in that these amendments are not taught by Thomas, nor by any of the secondary references of Hager, Chou or Mase. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Mase, Friedland, Herbig and Hager as discussed above with respect to claim 1 and Mase, Herbig, Hager and Lariviere as discussed above with respect to claim 16.
The current rejection is made Non-Final.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL P DILLON whose telephone number is (571)270-5657. The examiner can normally be reached Mon-Fri; 8 AM to 5 PM.
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/DANIEL P DILLON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
