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 § 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 1, 4, 7, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nowak et al. (WO 2021/142093 A1) [hereinafter referenced via US 2021/0206152 A1].
Regarding Claim 1, Nowak teaches a tear tape for packaging (Paragraph 0064-0066; Fig 17) comprising a paper substrate (Fig. 17, Item 38), and an adhesive layer arranged on at first side of the paper substrate. (Fig 17, Item 15). Nowak teaches the adhesive layer is a dot pattern, an uneven surface structure with relative elevations and relative depressions at least in some regions. (Paragraph 0066).
Regarding Claim 4, Nowak teaches the adhesive layer is applied to the first side all over. (Fig. 17).
Regarding Claim 7, Nowak teaches a separating strip arranged on a side of the adhesive layer facing way from the paper substrate. (Paragraph 0065).
Regarding Claim 18, Nowak teaches the adhesive layer has a regular structure that is a dot pattern. (Paragraph 0066).
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 2, 3, and 5, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nowak.
Regarding Claim 2, Nowak teaches the entire paper tear tape, which includes the paper substrate, can be biodegradable. (Paragraph 0037).
Regarding Claim 3, Nowak teaches the paper substrate can be FIBER FORM white 3D Paper from BILLERUDKORSNAS AB (Paragraph 0051), a bleached paper.
Regarding Claim 5, Nowak teaches the surface structure of the adhesive layer comprises a dot pattern. (Paragraph 0066). Nowak shows Figures of the dot pattern (Fig. 1-9, 17, Item 15). In Figs 1-9, Nowak teaches the dot pattern has a periodic structural element in at least some regions. Thus, it would have been obvious to one with ordinary skill in the art to have the dot pattern in the tear tape to also have a periodic structural element in at least some regions. A dot would have an extension vector of periodicity of the structural element arranged obliquely to the main extension direction of the paper substrate. (Fig. 1-9, 17).
Regarding Claim 17, Nowak also teaches the paper substrate has a basis weight of 50 to 250 gsm. (Paragraph 0067). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nowak in view of DOW (NPL).
Regarding Claims 6 and 19, Nowak teaches a release coating layer is arranged all over the second side of the paper substrate. (Fig. 17, Item 39). Nowak teaches release coating layer can be a silicone material. (Paragraph 0070)
Nowak does not specifically teach the basis weight of the release coating layer.
DOW teaches apply SYL-OFF, a silicone, to be applied to paper substrates as a release coating. (Page 2, 4). Dow teaches the amount of silicone release coating should range from 0.3 to 1.3 gsm. (Page 4). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05). DOW teaches SYL-OFF in this amount provides a non-migrating, good release, and a fast low temperature cure that leads to lower costs. (Page 2). Thus, it would have been obvious to use the silicone coating and the claimed amount of silicone coating taught by DOW in Nowak to ensure a release coating that non-migrating, cheaper to process, and offers premium release.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nowak in view of Alexander (NPL)
Regarding Claim 8, Nowak teaches the paper reinforced tear tape can be wound into rolls.
Nowak does not teach traverse winding onto a reel.
Alexander teaches rolling tape onto a teel using traverse winding allows for large amount of tape material to attached to reel while preventing the rolled material from being too large and difficult to handle. Thus, it would have been obvious to one with ordinary skill in the art to roll the tape of Nowak onto a reel with traverse winding to yield a manageable roll with a large amount of tape.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Nowak in view of Wengelski (NPL)
Regarding Claim 20, Nowak does not specifically teach the first side of the paper substrate has a smooth surface.
Wengelski teaches having a smooth surface of paper to apply adhesives provides benefits of reduced adhesive weight coats, as less surface texture needs to be filled, which reduces costs. (Page 3). Thus, it would have been obvious to one with ordinary skill in the have the first side of the paper in Nowak be smooth to reduce the amount of adhesive and reduce the cost of producing the tape.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781