DETAILED ACTION
Applicant's submission filed on 9/8/25 has been entered.
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.
Claim(s) 1, 3-6, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joehren (US 11354556 B1) in view of Fjelstad (US 20080277151 A1).
Re Claim 1: Joehren discloses a label comprising:
a top surface (fig 1a: 55) to retain printed content;
a bottom surface (fig 1a: 15) ;
a power storing element (fig 1a: 25) embedded between the top surface and the bottom surface;
a plurality of electrical lead contacts (fig 1a: 17) located on the bottom surface;
connection that traverses from one side of the label to an opposite side of the label (fig 1a & 1b: examiner: the contacts 17 are not isolated, thus, the connection traverses one to another side of the label),
wherein the plurality of electrical lead contacts delivers electricity from an external power source to charge the power storing element (col 6 ll 54+: The communication/ charging station 60 provides the charging current for the batteries 25);
one or more radio antennas (fig 1a & 1b: 50) to receive identifier information; and
one or more microprocessors configured to receive the identifier information via the one or more radio antennas (col 1 ll 39+: The communication for the smart label is generally a radio frequency transmitter or transmitter/receiver through an antenna placed on the plastic or paper package. The communication protocols are a radio frequency identification (RFID) protocol).
However, Joehren does not disclose that each contact connected to a respective lead that traverses between the top surface and the bottom surface.
Fjelstad however discloses that each contact (fig 4: 436) connected to a respective lead (fig 4: 430) that traverses between the top surface and the bottom surface (p81-p82).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Fjelstad’s teaching in the label of Joehren for the purpose of maintaining connection among components on the label, e.g. a contact on one side of the label and another contact on another side of the label.
Re Claims 3 and 17: Joehren modified by Fjelstad discloses the label of claim 1, and the method of claim 15, wherein the plurality of electrical lead contacts comprises: a first set of electrical lead contacts located on the one side and a second set of electrical lead contacts located on the opposite side (fig 1a & 2a: 17).
Re Claim 4: Joehren modified by Fjelstad discloses the label of claim 3 wherein the first set of electrical lead contacts is connected to a respective second plurality of electrical lead contacts of a second label (fig 2a: examiner: 17 of first label is connected to 17 of second label).
Re Claim 5: Joehren modified by Fjelstad discloses the label of claim 4, wherein the second set of electrical lead contacts is connected to a respective third plurality of electrical lead contacts of a third label (fig 2a: examiner: 17 of second label is connected to 17 of third label).
Re Claims 6 and 20: Joehren modified by Fjelstad discloses the label of claim 5 and the method of claim 19, wherein the label, the second label and the third label are fan-folded on top of one another and simultaneously receive an electrical charge via the external power source (col 3 ll 7+: The carrier tape with mounted smart label substrates is placed on a reel or in a fanfold container. The reel or container is connected to a communications or power source to charge in the smart label device).
Re Claim 15: Joehren discloses a method, comprising:
by a power storing element (fig 1a: 25) embedded between a top surface (fig 1a: 55) and a bottom surface (fig 1a: 15) of a label,
receiving electricity from an external power source via a plurality of electrical lead contacts (fig 1a: 17) located on a bottom surface (fig 1a: 15) of the label (col 6 ll 54+: The communication/ charging station 60 provides the charging current for the batteries 25), wherein
connection that traverses from one side of the label to an opposite side of the label (fig 1a & 1b: examiner: the contacts 17 are not isolated, thus, the connection traverses one to another side of the label),
by one or more microprocessors of the label, receiving identifier information via one or more radio antennas (col 1 ll 39+: The communication for the smart label is generally a radio frequency transmitter or transmitter/receiver through an antenna placed on the plastic or paper package. The communication protocols are a radio frequency identification (RFID) protocol).
However, Joehren does not disclose that each electrical lead contacts connects to a respective lead that traverses between the top surface and the bottom surface.
Fjelstad however discloses that each electrical lead contacts (fig 4: 436) connects to a respective lead (fig 4: 430) that traverses between the top surface and the bottom surface.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Fjelstad’s teaching in the method of Joehren for the purpose of maintaining connection among components on the label, e.g. a contact on one side of the label and another contact on another side of the label.
Re Claim 18: Joehren modified by Fjelstad discloses the method of claim 17, comprising; connecting the first set of electrical lead contacts to a respective second plurality of electrical lead contacts of a second label (fig 2a: examiner: 17 of first label is connected to 17 of second label).
Re Claim 19: Joehren modified by Fjelstad discloses the method of claim 18, comprising; connecting the second set of electrical lead contacts to a respective third plurality of electrical lead contacts of a third label (fig 2a: examiner: 17 of second label is connected to 17 of third label).
Claim(s) 2, 7, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joehren (US 11354556 B1) modified by Fjelstad (US 20080277151 A1) in view of Mehta (US 20140268617 A1).
Re Claims 2 and 16: Joehren modified by Fjelstad discloses the label of claim 1 and the method of claim 15, wherein the plurality of electrical lead contacts comprises a center tab and a positive voltage tab (fig 1b: 67).
However, Joehren modified by Fjelstad does not disclose a ground tab.
Mehta however discloses a ground tab (p51: a ground contact tab).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Mehta’s teaching in the label and the method of Joehren modified by Fjelstad for the purpose of ensuring safety.
Re Claims 7 and 21: Joehren modified by Fjelstad discloses the label of claim 1 and the method of claim 15, wherein the plurality of electrical lead contacts comprises electrical lead contacts (fig 1a: 17, fig 1b: 67).
However, Joehren modified by Fjelstad does not disclose that the lead contacts are three or more.
Mehta however discloses three or more lead contacts (fig 1a, p39).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinarily skill in the art to incorporate Mehta’s teaching in the label and the method of Joehren modified by Fjelstad for the purpose of improving the efficiency and ease of contacting the device (Mehta p43).
Response to Arguments
Applicant’s arguments have been considered but are moot due to the new ground of rejection.
For instance, Joehren discloses a plurality of electrical lead contacts (fig 1a: 17) located on the bottom surface; connection that traverses from one side of the label to an opposite side of the label (fig 1a & 1b: examiner: the contacts 17 are not isolated, thus, the connection traverses one to another side of the label); and the plurality of electrical lead contacts delivers electricity from an external power source to charge the power storing element (col 6 ll 54+: The communication/ charging station 60 provides the charging current for the batteries 25).
In addition, Fjelstad discloses that each contact (fig 4: 436) connected to a respective lead (fig 4: 430) that traverses between the top surface and the bottom surface (p81-p82).
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 TAE W KIM whose telephone number is (571)272-5971. The examiner can normally be reached M-F 9:30AM-5:30PM.
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/TAE W KIM/Examiner, Art Unit 2876
/STEVEN S PAIK/Supervisory Patent Examiner, Art Unit 2876