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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1 – 17, in the reply filed on December 19, 2025 is acknowledged. The traversal is on the ground(s) that “The Examiner alleges a serious search and/or examination burden exists between Groups I-III because the respective groups are classified in different classes and/or subclasses. However, Applicant respectfully submits that a complete and thorough search for the elected system and assembly claims will require searching also in areas where methods of using the same or a structural system and assembly can be found. Accordingly, Examination of Group I will require searching in the areas where Groups II and III are classified. Consequently, it will not, in fact, occasion a “serious” search and/or examination burden on the Examiner to search and examine Groups I-III in this single application.
Moreover applicants meant that EP 2674465 A1 does not disclose, teach, or suggest all of the structural limitations and relationship of the presently material tape system and assembly recited and elected claims 1 – 17.”
This is not found persuasive because burden of examination is not a factor in restrictions in 371 cases, and EP 2674465 A1 does disclose, teach, or suggest all of the structural limitations and relationship of the presently material tape system as shown by the rejection made below.
The requirement is still deemed proper and is therefore made FINAL.
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, 8, 9 and 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Rohde et al. (USPN 9,346,980).
Rohde et al. discloses 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) as in claim 1. For claim 4, the connecting adhesive surface of the first connecting adhesive tape is covered by the release tape (Figure 1, #5 and 22). With respect to claim 8, when the fixing adhesive tape is connected to the backing tape, the connecting adhesive surface of the first connecting adhesive tape is arranged on the first side of the backing tape (Figure 1, #1 and 22). Regarding claim 9, 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% of an extent of the first connecting adhesive tape in the first connecting adhesive tape direction of extent (Column 5, lines 4 – 9). As in claim 13, a multiplicity of punch parts is arranged on the first side of the backing tape (Figure 1, #50).
Claims 1 – 8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Miro et al. (USPN 3,616,109).
Miro et al. discloses a material tape system (Figures; Abstract) having 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 3, #16), 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 3, #7), 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 3, #8), 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 2, #7 and 8), 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 3, #7 and 8) as in claim 1. With respect to claim 2, the material tape system has a release tape having 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 (Figures 2 and 3, #17). 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 3, #17 and 8). For claim 4, the connecting adhesive surface of the first connecting adhesive tape is covered by the release tape (Figure 2, #17). 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 (Figure 3). 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 (Figure 3). With respect to claim 8, when the fixing adhesive tape is connected to the backing tape, the connecting adhesive surface of the first connecting adhesive tape is arranged on the first side of the backing tape (Figures 2 and 3, #16 and 8).
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 10 – 12 and 14 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Miro et al. (USPN 3,616,109) in view of White (USPN 2,940,884).
Miro et al. discloses a material tape system (Figures; Abstract) having 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 3, #16), 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 3, #7), 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 3, #8), 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 2, #7 and 8), 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 3, #7 and 8). However, Miro et al. fails to disclose the material tape system has a roll core with a circumferential outer surface, wherein the fixing adhesive tape has a connecting section by means of which the fixing adhesive tape is connected to the outer surface, 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.
White teaches a material tape system (Figures; Abstract), the material tape system has a roll core with a circumferential outer surface (Figure 1) for the purpose of conveniently storing individual adhesive tapes (Column 1, lines 50 – 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a core in Miro et al. in order to conveniently store individual adhesive tapes as taught by White.
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.
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.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 February 13, 2026