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 without traverse of Group I, claims 1 – 13, 16, and 18 – 20, in the reply filed on December 3, 2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 13, 16, and 18 – 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase “an adhesive tape support substrate for supporting adhesive tape in use” in claims 1 and 18 is unclear, which render the claims vague and indefinite. It is unclear from the specification and figures what is meant by the above phrase. In the field of adhesive tapes, the terms “support”, “substrate”, or “carrier” are used interchangeably and usually denote the layer onto which an adhesive is applied. However, the current figures and specification appear to be directed towards the core of the tape, not the tape itself, phone thereby making the claims unclear and indefinite.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitation “the entire or substantially the entire outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour, or is or appears visually as another colour other than black or near black and has a LRV of approximately 65% or less and/or a LAV of approximately 35% or more of light”, and the claim also recites “wherein approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour, or is or appears visually as another colour other than black or near black and has a LRV of approximately 65% or less and/or a LAV of approximately 35% or more of light” which is the narrower statement of the range/limitation. In the present instance, claim 3 recites the broad recitation “approximately 100% of the surface area of the outer surface”, and the claim also recites multiple narrower limitations including “approximately 35% or more of the surface area” which is the narrower statement of the range/limitation. Please see the broad limitations followed by narrower limitations in claims 4, 6, 7, 18 and 19. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 2, 3, 5, 8 – 13, 16 and 20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to their dependency on the above rejected claims.
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 – 13, 16 and 18 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over BR 202016018386.
A machine-generated translation of BR 202016018386 accompanies this action. In reciting this rejection, the examiner will cite this translation.
BR 202016018386 discloses an adhesive tape support substrate for supporting adhesive tape in use (Figure 1, #1; Abstract), comprising an outer surface, an outwardly facing surface and/or an outermost surface of the support substrate is or visually appears black or near black in colour (Figure 1, #1; Abstract) as in claims 1 and 18. With respect to claim 2, the entire or substantially the entire outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour (Figure 1, #1; Abstract), or wherein approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black (Figure 1, #1; Abstract). Regarding claims 3 and 19, wherein approximately 35% or more of the surface area; approximately 40% or more of the surface area; approximately 45% or more of the surface area; approximately 50% or more of the surface area; approximately 55% or more of the surface area; approximately 60% or more of the surface area; approximately 65% or more of the surface area; approximately 70% or more of the surface area; approximately 75% or more of the surface area; approximately 80% or more of the surface area; approximately 85% or more of the surface area; approximately 90% or more of the surface area; approximately 95% or more of the surface area; or approximately 100% of the surface area of the outer surface, outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour (Figure 1, #1; Abstract). In claim 5, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is a matte surface or a gloss surface (Figure 1, #1; Abstract, wherein plastic may be either matte or glossy; Page 1, lines 19 - 22). With respect to claims 8 and 20, the adhesive tape support substrate includes a surface that is or appears black or near black in colour (Figure 1, #1; Abstract). Regarding claim 9, a surface or layer, the outermost surface or layer and/or an outwardly facing surface or layer of the adhesive tape support substrate is provided with, consists of and/or includes a heat resistant or heat protective layer, coating or surface (Figure 2, #2). For claim 10, the adhesive tape is wound onto or around the adhesive tape support substrate; or wherein the adhesive tape is wound onto or around the adhesive tape support substrate multiple times to provide a multi-layered adhesive tape product (Figure 2, #2). In claim 11, the support substrate is cylindrical or substantially cylindrical in shape (Figures 1 and 2). With regard to claim 12, the adhesive tape is transparent or substantially transparent (Figure 1, #2). As in claim 13, the adhesive tape is single sided adhesive tape (Figure 1, #2). BR 202016018386 further disclose an adhesive tape, said adhesive tape wound around an adhesive tape support substrate according to claim 1 (Figures 1 and 2, #2) as in claim 16. However, BR 202016018386 fails to disclose a light reflection value (LRV) of approximately 65% or less and/or a light absorption value (LAV) of approximately 35% or more of light, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LRV of approximately 60% or less, approximately 55% or less; approximately 50% or less; approximately 45% or less; approximately 40% or less; approximately 35% or less; approximately 30% or less; approximately 25% or less; approximately 20% or less; approximately 15% or less; approximately 10% or less; or approximately 5% or less; or wherein the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LAV of approximately 40% or more; approximately 45% or more; approximately 50% or more; approximately 55% or more, approximately 60% or more; approximately 65% or more; approximately 70% or more; approximately 75% or more; approximately 80% or more; approximately 90% or more; or approximately 95% or more, approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has a LRV of approximately 65% or less at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm), and a LAV of approximately 35% or more at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm); or wherein 30% or more surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has an average LRV of approximately 25% or less across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), and an average LAV of approximately 75% or more across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), the average LRV is 20% or less, 15% or less, 10% or less, or 5% or less, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm); or wherein the average LAV is 80% or more, 85% or more, 90% or more or 95% or more, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm).
With regard to the limitations of “a light reflection value (LRV) of approximately 65% or less and/or a light absorption value (LAV) of approximately 35% or more of light, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LRV of approximately 60% or less, approximately 55% or less; approximately 50% or less; approximately 45% or less; approximately 40% or less; approximately 35% or less; approximately 30% or less; approximately 25% or less; approximately 20% or less; approximately 15% or less; approximately 10% or less; or approximately 5% or less; or wherein the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LAV of approximately 40% or more; approximately 45% or more; approximately 50% or more; approximately 55% or more, approximately 60% or more; approximately 65% or more; approximately 70% or more; approximately 75% or more; approximately 80% or more; approximately 90% or more; or approximately 95% or more, approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has a LRV of approximately 65% or less at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm), and a LAV of approximately 35% or more at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm); or wherein 30% or more surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has an average LRV of approximately 25% or less across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), and an average LAV of approximately 75% or more across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), the average LRV is 20% or less, 15% or less, 10% or less, or 5% or less, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm); or wherein the average LAV is 80% or more, 85% or more, 90% or more or 95% or more, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm)”, Although BR 202016018386 does not explicitly teach the above limitations, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an outer surface, an outwardly facing surface and/or an outermost surface of the support substrate is or visually appears black or near black in colour having a cylindrical shape that is covered by a transparent adhesive article) and in the similar production steps (i.e. a molding process) used to produce the adhesive tape support. The burden is upon the Applicant to prove otherwise. MPEP 2112.
Claims 1 – 11, 13, 16 and 18 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006298991 A.
A machine-generated translation of JP 2006298991 A accompanies this action. In reciting this rejection, the examiner will cite this translation.
JP 2006298991 A discloses an adhesive tape support substrate for supporting adhesive tape in use (Abstract), comprising an outer surface, an outwardly facing surface and/or an outermost surface of the support substrate is or visually appears black or near black in colour, or is or appears visually as another colour other than black or near black (Page 3, line 21 to Page 4, line 33) as in claims 1 and 18. With respect to claim 2, the entire or substantially the entire outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour, or is or appears visually as another colour other than black or near black (Page 3, line 21 to Page 4, line 33). Regarding claims 3 and 19, wherein approximately 35% or more of the surface area; approximately 40% or more of the surface area; approximately 45% or more of the surface area; approximately 50% or more of the surface area; approximately 55% or more of the surface area; approximately 60% or more of the surface area; approximately 65% or more of the surface area; approximately 70% or more of the surface area; approximately 75% or more of the surface area; approximately 80% or more of the surface area; approximately 85% or more of the surface area; approximately 90% or more of the surface area; approximately 95% or more of the surface area; or approximately 100% of the surface area of the outer surface, outwardly facing surface and/or the outermost surface of the support substrate is or visually appears black or near black in colour, or is or appears visually as another colour other than black or near black (Page 3, line 21 to Page 4, line 33). In claim 5, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate is a matte surface or a gloss surface (Page 3, line 21 to Page 4, line 33, wherein plastic may be either matte or glossy). With respect to claims 8 and 20, the adhesive tape support substrate includes an intermediate layer or surface that is or appears black or near black in colour, or is or appears visually as another colour other than black or near black (Page 3, line 21 to Page 4, line 33). Regarding claim 9, a surface or layer, the outermost surface or layer and/or an outwardly facing surface or layer of the adhesive tape support substrate is provided with, consists of and/or includes a heat resistant or heat protective layer, coating or surface (Page 3, line 21 to Page 4, line 33, wherein the substrate may contain additional materials to give it different properties). For claim 10, the adhesive tape is wound onto or around the adhesive tape support substrate; or wherein the adhesive tape is wound onto or around the adhesive tape support substrate multiple times to provide a multi-layered adhesive tape product (Page 8, lines 19 – 26). In claim 11, the support substrate is cylindrical or substantially cylindrical in shape, (Page 8, lines 19 – 26, wherein a roll is cylindrical). As in claim 13, the adhesive tape is single sided adhesive tape or double sided adhesive tape (Abstract). JP 2006298991 A further disclose an adhesive tape, said adhesive tape wound around an adhesive tape support substrate according to claim 1 (Page 8, lines 19 – 26, wherein a roll is cylindrical) as in claim 16. However, JP 2006298991 A fails to disclose a light reflection value (LRV) of approximately 65% or less and/or a light absorption value (LAV) of approximately 35% or more of light, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LRV of approximately 60% or less, approximately 55% or less; approximately 50% or less; approximately 45% or less; approximately 40% or less; approximately 35% or less; approximately 30% or less; approximately 25% or less; approximately 20% or less; approximately 15% or less; approximately 10% or less; or approximately 5% or less; or wherein the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LAV of approximately 40% or more; approximately 45% or more; approximately 50% or more; approximately 55% or more, approximately 60% or more; approximately 65% or more; approximately 70% or more; approximately 75% or more; approximately 80% or more; approximately 90% or more; or approximately 95% or more, approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has a LRV of approximately 65% or less at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm), and a LAV of approximately 35% or more at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm); or wherein 30% or more surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has an average LRV of approximately 25% or less across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), and an average LAV of approximately 75% or more across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), the average LRV is 20% or less, 15% or less, 10% or less, or 5% or less, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm); or wherein the average LAV is 80% or more, 85% or more, 90% or more or 95% or more, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm).
With regard to the limitations of “a light reflection value (LRV) of approximately 65% or less and/or a light absorption value (LAV) of approximately 35% or more of light, the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LRV of approximately 60% or less, approximately 55% or less; approximately 50% or less; approximately 45% or less; approximately 40% or less; approximately 35% or less; approximately 30% or less; approximately 25% or less; approximately 20% or less; approximately 15% or less; approximately 10% or less; or approximately 5% or less; or wherein the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate has a LAV of approximately 40% or more; approximately 45% or more; approximately 50% or more; approximately 55% or more, approximately 60% or more; approximately 65% or more; approximately 70% or more; approximately 75% or more; approximately 80% or more; approximately 90% or more; or approximately 95% or more, approximately 30% or more of the surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has a LRV of approximately 65% or less at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm), and a LAV of approximately 35% or more at every, or substantially every, specific wavelength within the visible part of the electromagnetic spectrum (400nm-700nm); or wherein 30% or more surface area of the outer surface, the outwardly facing surface and/or the outermost surface of the support substrate, has an average LRV of approximately 25% or less across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), and an average LAV of approximately 75% or more across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm), the average LRV is 20% or less, 15% or less, 10% or less, or 5% or less, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm); or wherein the average LAV is 80% or more, 85% or more, 90% or more or 95% or more, across the entire, or substantially the entire visible part of the electromagnetic spectrum (400nm-700nm)”, although JP 2006298991 A does not explicitly teach the above limitations, it is reasonable to presume that said limitations are inherent to the invention. Support for said presumption is found in the use of similar materials (i.e. an outer surface, an outwardly facing surface and/or an outermost surface of the support substrate is or visually appears black or near black in colour having a cylindrical shape) and in the similar production steps (i.e. a molding process) used to produce the adhesive tape support. The burden is upon the Applicant to prove otherwise. MPEP 2112.
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 January 17, 2026