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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 9, 2026 has been entered.
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated July 9, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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.
Claim 21 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Shaw (USPN 6,951,676).
Shaw discloses a material tape system (Figure 7A; Abstract) comprising a backing tape, which has a first end section and a second end section and extends from the first end section to the second end section (Figure 7A, #21 and 20), a fixing adhesive tape having a fixing adhesive surface, by means of which the fixing adhesive tape is detachably connected to the first end section of the backing tape on a first side of the backing tape (Figure 7A, #10, 11’ and 11”), and a first connecting adhesive tape having a connecting section, by means of which the first connecting adhesive tape is connected to the first end section of the backing tape on a second side of the backing tape, which is opposite to the first side of the backing tape (Figure 7A, #31 and 32), wherein the fixing adhesive tape and the first connecting adhesive tape are connected to the backing tape in such a way that, when the fixing adhesive tape is connected to the backing tape, a connecting adhesive surface of the first connecting adhesive tape is covered (Figure 7A, #10, 11’ and 11”; Figure 7A, #31 and 32), and, when the fixing adhesive tape is detached from the backing tape, the connecting adhesive surface of the first connecting adhesive tape is exposed (Figure 7A, #31 and 32, release liners removed, exposing adhesive), wherein the material tape system has a release tape having a first side and a second side, wherein, when the fixing adhesive tape is connected to the backing tape, the release tape is arranged between the fixing adhesive tape and the first connecting adhesive tape in such a way that the fixing adhesive surface faces the first side of the release tape and the connecting adhesive surface faces the second side of the release tape (Figure 7, #13), wherein the release tape is connected on its first side to the fixing adhesive tape and is detachably connected on its second side to the connecting adhesive surface of the first connecting adhesive tape in such a way that, when the fixing adhesive tape is detached from the backing tape, the release tape is detached from the connecting adhesive surface (Figure 7A, #13), wherein the connecting adhesive surface of the first connecting adhesive tape is covered by the release tape (Figure 7A, #12, 31), wherein a first adhesive force acting from the fixing adhesive surface to the backing tape is less than a second adhesive force acting from a connecting section of the fixing adhesive tape to the release tape (Figure 3), wherein the second adhesive force acting from the connecting section of the fixing adhesive tape to the release tape is greater than a third adhesive force acting from the connecting adhesive surface of the first connecting adhesive tape to the release tape (Column 9, lines 30 – 50; Column 9, line 66 to Column 10, line 8; Column 11, lines 4 – 14; Column 13, lines 23 - 33, wherein the adhesive abilities and separation of layers of the tape system may be controlled by the adhesive and treatment of the release liner), wherein the third adhesive force acting from the connecting adhesive surface of the first connecting adhesive tape to the release tape is less than a fourth adhesive force acting from the connecting section of the first connecting adhesive tape to the first end section of the backing tape (Column 9, lines 30 – 50; Column 9, line 66 to Column 10, line 8; Column 11, lines 4 – 14; Column 13, lines 23 - 33, wherein the adhesive abilities and separation of layers of the tape system may be controlled by the adhesive and treatment of the release liner) as claim 21.
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 1 – 11, 13 and 14 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (USPN 6,951,676) in view of Rohde et al. (USPN 9,346,980).
Shaw discloses a material tape system (Figure 7A; Abstract) having a backing tape having a first end section that has first end face and a second end section opposite the first end section (Figure 7A, #21 and 20), wherein a total length of the backing tape is defined between the first end section and the second end section (Figure 7A, #21 and 20), and the first end section terminates at the first end face (Figure 7A, #21 and 20, the left end), a fixing adhesive tape having a fixing adhesive surface, by means of which the fixing adhesive tape is detachably connected to the first end section of the backing tape on the first side of the backing tape (Figure 7A, #10, 11’ and 11”), a first connecting adhesive tape having a connecting section, by means of which the first connecting adhesive tape is connected to the first end section of the backing tape on a second side of the backing tape, which is opposite to the first side of the backing tape (Figure 7A, #31 and 32), and a release tape disposed at the first end section of the backing tape such that the first end face is covered by the release tape and the fixing adhesive tape and the first connecting adhesive tape is separated by the release tape (Figure 7A, #13), wherein the fixing adhesive tape and the first connecting adhesive tape are connected to the backing tape in such a way that, when the fixing adhesive tape is connected to the backing tape, a connecting adhesive surface of the first connecting adhesive tape is covered (Figure 7A, #10, 11’ and 11”; Figure 7A, #31 and 32), and, when the fixing adhesive tape is detached from the backing tape, the connecting adhesive surface of the first connecting adhesive tape is exposed (Figure 7A, #31 and 32, release liners removed, exposing adhesive) as in claim 1. With respect to claim 2, the release tape has a first side and a second side, wherein when fixing adhesive tape is connected to the backing tape, the release tape is arranged between the fixing adhesive tape and the first connecting adhesive tape in such a way that the fixing adhesive surface faces the first side of the release tape and the connecting adhesive surface faces the second side of the release tape (Figure 7A, #13). Regarding claim 3, the release tape is connected on its first side to the fixing adhesive tape and is detachably connected on its second side to the connecting adhesive surface of the first connecting adhesive tape in such a way that, when the fixing adhesive tape is detached from the backing tape, the release tape is detached from the connecting adhesive surface (Figure 7A, #13). For claim 4, the connecting adhesive surface of the first connecting adhesive tape is covered by the release tape (Figure 7A, #13, 31). In claim 5, a first adhesive force acting from the fixing adhesive surface to the backing tape is less than a second adhesive force acting from a connecting section of the fixing adhesive tape to the release tape (Figure 3). With regard to claim 6, the second adhesive force acting from the connecting section of the fixing adhesive tape to the release tape is greater than a third adhesive force acting from the connecting adhesive surface of the first connecting adhesive tape to the release tape (Column 9, lines 30 – 50; Column 9, line 66 to Column 10, line 8; Column 11, lines 4 – 14; Column 13, lines 23 - 33, wherein the adhesive abilities and separation of layers of the tape system may be controlled by the adhesive and treatment of the release liner). As to claim 7, the third adhesive force acting from the connecting adhesive surface of the first connecting adhesive tape to the release tape is less than a fourth adhesive force acting from the connecting section of the first connecting adhesive tape to the first end section of the backing tape (Column 9, lines 30 – 50; Column 9, line 66 to Column 10, line 8; Column 11, lines 4 – 14; Column 13, lines 23 - 33, wherein the adhesive abilities and separation of layers of the tape system may be controlled by the adhesive and treatment of the release liner). With respect to claim 8, when the fixing adhesive tape is connected to the backing tape (Figure 7A, #32 and 20, the connecting adhesive surface of the first connecting adhesive tape is arranged on the first side of the backing tape (Figure 7A, #20 and 21, 31). However, Shaw fails to disclose the first connecting adhesive tape extends in a first connecting adhesive tape direction of extent away from the first end section of the backing tape, wherein an extent of the connecting section of the first connecting and adhesive tape and the first connecting adhesive tape direction of extent corresponds to between 20% and 40% or between 30% and 35% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent, a multiplicity of punch parts is arranged on the first side of the backing tape, , the material tape system has a second connecting adhesive tape having a connecting section, by means of which the connecting adhesive tape is connected to the second end section of the backing tape on the first side of the backing tape and having a connecting adhesive surface, the material tape system has a roll core with a circumferential outer surface, wherein the second connecting adhesive tape is connected to the outer surface by means of which the connecting of the connecting adhesive surface, a first tape system according to claim 1 and a second material tape system according to claim 1, wherein the connecting adhesive surface of the first connecting adhesive tape of the first material tape system is connected to the second end section of the backing tape of the second material tape system on a second side of the backing tape of the second material tape system, the connecting adhesive surface of the second connecting adhesive tape of the second material tape system is connected to the first end section of the backing tape of the first material tape system on the first side of the backing tape of the first material tape system, the backing tape of the first material tape system and the backing tape of the second material tape system are arranged in such a way that a first tangential surface running perpendicularly to the connecting adhesive surface of the first connecting adhesive tape of the first adhesive tape material system runs along a first edge region of the first end section of the backing tape of the first material tape system and along a first edge region of the second end section of the backing tape of the second material system, and a second tangential surface running parallel to the first tangential surface runs along a second edge region of the first end section of the backing tape of the first material tape system and along a second region of the second end section of the backing tape of the second material system, and a first and face of the first end section of the backing tape of the first material tape system and a second end face of the second end section of the backing tape of the second material system rest against one another.
Rohde et al. teach a material tape system (Figures; Abstract) having a backing tape (Figure 1, #1), which has a first end section and a second end section and extends from the first end section to the second end section (Figure 1, #1a and 1b), a fixing adhesive tape having a fixing adhesive surface (Figure 1, #5), by means of which the fixing adhesive tape is detachably connected to the first end section of the backing tape on the first side of the backing tape (Figure 1, #5, wherein release liners are removable), a first connecting adhesive tape having a connecting section (Figure 1, #2), by means of which the first connecting adhesive tape is connected to the first end section of the backing tape on a second side of the backing tape (Figure 1, #22), which is opposite to the first side of the backing tape (Figure 1, #1, 5, and 2), wherein the fixing adhesive tape and the first connecting adhesive tape are connected to the backing tape in such a way that, when the fixing adhesive tape is connected to the backing tape, a connecting adhesive surface of the first connecting adhesive tape is covered (Figure 1, #5 and 2), and, when the fixing adhesive tape is detached from the backing tape, the connecting adhesive surface of the first connecting adhesive tape is exposed (Figure 1, #5 and 2, wherein when the release liner is removed, the adhesive is exposed on the adhesive layer 22), the first connecting adhesive tape extends in a first connecting adhesive tape direction of extent away from the first end section of the backing tape, wherein an extent of the connecting section of the first connecting and adhesive tape and the first connecting adhesive tape direction of extent corresponds to between 20% and 40% or between 30% and 35% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent (Column 5, lines 4 – 9), and a multiplicity of punch parts is arranged on the first side of the backing tape (Figure 1, #50) for the purpose of splicing two rolls of material together (Column 6, lines 25 – 32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have multiplicity of punch parts is arranged on the first side of the backing tape and first connecting adhesive tape direction of extent corresponds to between 20% and 40% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent in Shaw in order to splice two rolls of material together as taught by Rohde et al.
With regard to the limitations of “the fixing adhesive tape has a connecting section by means of which the fixing adhesive tape is connected to the outer surface (Figure 1, #1), the material tape system has a second connecting adhesive tape having a connecting section, by means of which the connecting adhesive tape is connected to the second end section of the backing tape on the first side of the backing tape and having a connecting adhesive surface, the material tape system has a roll core with a circumferential outer surface, wherein the second connecting adhesive tape is connected to the outer surface by means of which the connecting of the connecting adhesive surface, a first tape system according to claim 1 and a second material tape system according to claim 1, wherein the connecting adhesive surface of the first connecting adhesive tape of the first material tape system is connected to the second end section of the backing tape of the second material tape system on a second side of the backing tape of the second material tape system, the connecting adhesive surface of the second connecting adhesive tape of the second material tape system is connected to the first end section of the backing tape of the first material tape system on the first side of the backing tape of the first material tape system, the backing tape of the first material tape system and the backing tape of the second material tape system are arranged in such a way that a first tangential surface running perpendicularly to the connecting adhesive surface of the first connecting adhesive tape of the first adhesive tape material system runs along a first edge region of the first end section of the backing tape of the first material tape system and along a first edge region of the second end section of the backing tape of the second material system, and a second tangential surface running parallel to the first tangential surface runs along a second edge region of the first end section of the backing tape of the first material tape system and along a second region of the second end section of the backing tape of the second material system, and a first and face of the first end section of the backing tape of the first material tape system and a second end face of the second end section of the backing tape of the second material system rest against one another”, it is well settled that a particular shape, or arrangement, of a prior invention carries no patentable weight unless the applicant can demonstrate that the new shape, or arrangement, provides significant unforeseen improvements to the invention. In the instant case, the application does not indicate any new, significant attributes of the invention due to its shape, or arrangement, which would have been unforeseen to one of ordinary skill in the art. It has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04.
Response to Arguments
Applicant's arguments filed July 9, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “None of Shaw, Rohde, and White, taken singly or in combination, discloses, teaches, or suggests at least a material tape system having a first connecting adhesive tape that extends in a first connecting adhesive tape direction of extent away from the first end section of the backing tape, and an extent of the connecting section of the first connecting adhesive tape in the first connecting adhesive tape direction of extent corresponds to between 20% and 40% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent, as recited in amended independent claim 1.
Neither Shaw nor Rohde, taken singly or in combination. provides any teaching, suggestion, or motivation for a person of ordinary skill in the art to select the presently claimed range to solve the specific technical problem addressed by the presently claimed invention.
The presently claimed invention achieves integration of the splicing end to simultaneously ensure (a) a mechanically robust overlapping connection between the backing tape and the first connecting tape, and (b) a sufficiently large connecting adhesive surface for reliable splicing to a second tape system. Rohde does not recognize such integration problem of balancing two competing structural requirements. Rohde's disclosure is a mere recitation of dimensional examples for its own distinct structure and does not guide a skilled person on how to optimally intergrate an entirely different tape system, such as, the tape system of amended claim 1.
It is well-established that the discovery of a critical range within a broader range be non- obvious, especially when the presently claimed range is shown to produce new or unexpected results. The Applicant's specification provides clear evidence of such unexpected results. As disclosed in paragraph [0038] of the application as filed”, the Examiner respectfully disagrees.
This is not deemed persuasive since arguments cannot take the place of evidence in the record to overcome a rejection. See MPEP 2145. Applicant has not provided any evidence of unexpected results due to the “an extent of the connecting section of the first connecting and adhesive tape and the first connecting adhesive tape direction of extent corresponds to between 20% and 40% or between 30% and 35% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent”. Cited Paragraph 0038 of the printed patent publication (submitted specification does not contain paragraph numbers) implies that determining these percentages is only simple geometry to calculate the surface area, followed by a calculation of the percentage. There is nothing unexpected about calculating these results. Nor has Applicant shown any evidence that the specific percentages are an unexpected advantage over other percentages.
Conclusion
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 July 20, 2026
Prosecution Insights