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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated November 3, 2025. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
Specification
The disclosure is objected to because of the following informalities: Paragraph 0057 contains an error in lines 7 and 8, “Error! Reference source not found.”. The same issues may be found in Paragraphs 0071, 0073, 0090, and 0096. The Examiner recommends reviewing the entire specification for possible other incidents of the error.
Appropriate correction is required.
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 24 – 26, 37 and 38 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. Claim 24 contains the limitation “and wherein the pressure sensitive adhesive film of the second outermost component has a lesser adhesion strength than the pressure sensitive adhesive film of the fourth layer”, which has been added to claim 18 through amendment. 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.
Claims 25 – 26, 37 and 38 are also rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, due to their dependency on the above rejected claim.
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.
Claims 18 – 22, 24 – 26, 37, 38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (GB 2 375 495A).
Smith discloses an adhesive assembly configured for application on a substrate (Figure; Abstract), the adhesive assembly comprising: a first outermost component (Figure, #12); a second outermost component releasably coupled to the first outermost component (Figure, #10); a carrier layer permanently coupled to the second outermost component (Figure, #2, 6, and 8); a fourth layer permanently coupled to the carrier layer (Figure, #4); and a fifth layer releasably coupled to the fourth layer (Figure, #12); wherein at least one each of the second outermost component, the carrier layer, or and the fourth layer comprises at least one adhesive (Figure, #6, 10, 4), an adhesive strength of the second outermost component being less than an adhesive strength of the fourth layer (Figure, #4; Page 2, lines 26 – 37); and wherein the second outermost component is structured to adhere to the substrate when the first outermost component is removed from the second outermost component (Page 1, lines 3 – 5) as in claim 18. With respect to claim 19, the first outermost component and the fifth layer comprise a release liner (Figure, #12; Page 2, lines 18 – 20). Regarding claim 20, the release liner comprises silicone-coated substrate (Figure, #12; Page 2, lines 18 – 20). For claim 21, the carrier layer is structured as a flexible substrate, the flexible substrate being selected from the list consisting of plastic film and cloth (Page 2, lines 12 – 16). In claim 22, the carrier layer comprises a first side and a second side opposite the first side, wherein the at least one adhesive comprises a first adhesive, and wherein each of the first side and the second side comprises the first adhesive disposed thereon (Figure , #4 and 10). With regard to claim 24, the at least one adhesive comprises a second adhesive, and wherein each of the second outermost component and the fourth layer comprises the second adhesive, the second adhesive being a pressure sensitive adhesive film; and wherein the pressure sensitive adhesive film of the second outermost component has a lesser adhesion strength than the pressure sensitive adhesive film of the fourth layer (Figure, #4; Page 2, lines 26 – 37). As in claim 25, the pressure sensitive adhesive film of the second outermost component has a glass transition temperature between -20 0C to -80 0C (Page 2, lines 27 – 37, wherein the type of adhesive overlaps with the claimed adhesive, resulting in the desired glass transition temperature). With respect to claim 26, at least one of the pressure sensitive adhesive film of the second outermost component or the pressure sensitive adhesive film of the fourth layer comprises an acrylic pressure sensitive adhesive (Page 2, lines 27 – 37). Regarding claim 37,
the pressure sensitive adhesive film of the second outermost component comprises an acrylic pressure sensitive adhesive (Page 2, lines 27 – 37). For claim 38, the pressure sensitive adhesive film of the fourth layer comprises an acrylic pressure sensitive adhesive (Page 2, lines 27 – 37).
40. (Previously Presented) The adhesive assembly of claim 39, wherein the first outermost layer comprises silicone-coated paper (Page 2, lines 18 – 20).
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.
Claims 23, 39 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (GB 2 375 495A) in view of Dronzek, Jr. et al. (USPN 7,592,057).
Smith discloses an adhesive assembly configured for application on a substrate (Figure; Abstract), the adhesive assembly comprising: a first outermost component (Figure, #12); a second outermost component releasably coupled to the first outermost component (Figure, #10); a carrier layer permanently coupled to the second outermost component (Figure, #2, 6, and 8); a fourth layer permanently coupled to the carrier layer (Figure, #4); and a fifth layer releasably coupled to the fourth layer (Figure, #12); wherein at least one each of the second outermost component, the carrier layer, or and the fourth layer comprises at least one adhesive (Figure, #6, 10, 4), an adhesive strength of the second outermost component being less than an adhesive strength of the fourth layer (Figure, #4; Page 2, lines 26 – 37); and wherein the second outermost component is structured to adhere to the substrate when the first outermost component is removed from the second outermost component (Page 1, lines 3 – 5). However, Smith fails to disclose an area of the adhesive assembly is greater than or equal to 25 mm2, the first outermost layer has a thickness of about 0.08 mm, and each of the first outermost component, the second outermost component, the carrier layer, the fourth layer, and the fifth layer includes a plurality of perforations to facilitate dividing the adhesive assembly into discrete segments.
Dronzek, Jr. et al. teach an adhesive assembly configured for application on a substrate (Figures; Abstract), the first outermost layer has a thickness of about 0.08 mm (Claim 72), wherein each of the first outermost component, the second outermost component, the carrier layer, the fourth layer, and the fifth layer includes a plurality of perforations to facilitate dividing the adhesive assembly into discrete segments (Figure 3, #43) for the purpose of forming removable pieces (Column 4, line 56 to Column 5, line 2).
It would have been obvious to one of ordinary skill in the art at the time the applicant’s invention was made to have discrete segments in McClintock in order to form removable pieces as taught by Dronzek, Jr. et al.
With regard to the limitation of “an area of the adhesive assembly is greater than or equal to 25 mm2”, It would have been an obvious matter of design choice to change the size of the adhesive assembly, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.
Response to Arguments
Applicant’s arguments with respect to claims 18 – 26 and 37 – 41 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Please see the newly presented rejections in view of Smith.
Conclusion
The prior art made of record on the PTO-892 and not relied upon is considered pertinent to applicant's disclosure. The prior art of record cites additional adhesive assemblies that contain a similar construction.
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 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 November 21, 2025