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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 3, 2026 has been entered.
Summary
The Applicant’s arguments and claim amendments received on May 6, 2026 are entered into the file. Currently, claims 1, 4, and 10-13 are amended; claims 3 and 17-20 are canceled; resulting in claims 1, 2, and 4-16 pending for examination.
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, 2, and 4-16 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.
Regarding claims 1 and 13, the newly added limitations reciting “wherein the single discontinuous patterned hot melt adhesive patch is applied to the backside of the substrate such that a substantial portion of the backside is devoid of any hot melt adhesive” (claim 1) and “wherein the at least one discontinuous patterned hot melt adhesive patch is applied to the backside such that a substantial portion of the backside of each label is devoid of any hot melt adhesive” (claim 13) are indefinite because it is not clear what structure is required by the claims. In particular, it is not clear whether the claimed “substantial portion” that is devoid of hot melt adhesive is intended to require that the label has a plurality of adhesive patches with non-adhesive spaces therebetween (i.e., void areas that are devoid of hot melt adhesive, as set forth in claims 10-12), or if the structure of a “substantial portion” that is devoid of hot melt adhesive can be satisfied by the spaces or gaps (i.e., discontinuities) between deposited hot melt adhesive portions within a single discontinuous patterned hot melt adhesive patch.
In looking to the instant specification, paragraph [0019] discloses that the label (210) shown in Fig. 2 includes a primary pattern (101) arranged in a secondary pattern (211) on the backside of the label, wherein the secondary pattern includes a plurality of discontinuous hot melt adhesive patches (212). Each patch is circular in shape, and a substantial portion of the backside is devoid of any hot melt adhesive [0019]. As shown in Fig. 2, this embodiment of the label (210) includes a plurality of discontinuous hot melt adhesive patches (212), such that the “substantial portion” of the backside that is devoid of any hot melt adhesive appears to correspond to the void areas between the adhesive patches (212).
It is noted, however, that the current language of claims sets forth that the label comprises “a single discontinuous patterned hot melt adhesive patch” (claim 1) or “at least one discontinuous patterned hot melt adhesive patch” (claim 13), such that it is not clear how the backside of the label can be said to have a substantial portion that is devoid of any hot melt adhesive in the case where there is only one single adhesive patch provided thereon. The instant specification only appears to disclose the feature of the backside having a “substantial portion” devoid of any hot melt adhesive in conjunction with embodiments having a plurality of discontinuous patterned hot melt adhesive patches and does not specifically disclose an embodiment in which the backside has a substantial portion devoid of any hot melt adhesive when the backside includes only one single adhesive patch.
However, it is noted that the term “substantial” is a broad term. See MPEP 2173.05(b)(III)(D). In the instant case, the presence of discontinuities in the primary pattern of hot melt adhesive within a single adhesive patch can be interpreted as satisfying the claimed feature of the backside having a substantial portion that is devoid of any hot melt adhesive. Given that the claims do not specify an arrangement of the “substantial portion” devoid of hot melt adhesive relative to the single hot melt adhesive patch nor a specific percentage of the backside that must be devoid of hot melt adhesive in order to satisfy the claimed “substantial portion”, the spaces or gaps (i.e., discontinuities) devoid of hot melt adhesive that are inherently present within the single discontinuous patterned patch may be interpreted as corresponding to the claimed substantial portion devoid of hot melt adhesive.
In the case where the claimed “substantial portion” that is devoid of hot melt adhesive is intended to refer to the void areas between adjacent patches, consistent with the disclosure in paragraph [0019] and Fig. 2, it is noted that the claims must be amended to positively recite the presence of additional adhesive patches in order to specify the void areas therebetween (see claims 7 and 10-12).
Regarding claims 10-12, the limitations reciting “wherein the single discontinuous patterned hot melt adhesive patch includes the single discontinuous patterned hot melt adhesive patch and the additional discontinuous patterned hot melt adhesive patches” (claims 10 and 11) and “wherein the single discontinuous patterned hot melt adhesive patch includes the single discontinuous patterned hot melt adhesive patch in a diamond shape and the additional discontinuous hot melt adhesive patches” (claim 12) are indefinite because it is not clear how a single adhesive patch can include both itself and additional adhesive patches.
Independent claim 1 sets forth that the label comprises a single discontinuous patterned hot melt adhesive patch, and claim 7 requires that the label further comprises additional discontinuous patterned hot melt adhesive patches. The limitations reciting that the single adhesive patch includes itself and the additional patches do not appear to further limit the structure of the claimed invention.
For the purpose of applying prior art, claims 10 and 11 will be interpreted only as further limiting the structure and arrangement of the additional patches, wherein the additional patches are bar shaped (claim 10) or circular shaped (claim 11) and are separated by void areas that are devoid of hot melt adhesive. Claim 12 will similarly be interpreted to mean that the single discontinuous hot melt adhesive patch has a diamond shape, and the additional discontinuous hot melt adhesive patches are in triangular shapes and are separated by void areas that are devoid of any hot melt adhesive.
Regarding claims 2, 4-9, and 14-16, the claims are rejected based on their dependency on claims 1 and 13.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 4-16 are rejected under 35 U.S.C. 103 as being unpatentable over Vigunas et al. (US 2021/0375160, previously cited) in view of Pan et al. (WO 2018/184198, previously cited).
Regarding claims 1 and 2, Vigunas et al. teaches a linerless label (100) comprising a substrate (101) having a first side (103) and a second side (105; backside), wherein the first side has a release coat (110), and the second side has at least one area of a first adhesive (120) and at least one different area of a second adhesive (130) ([0035], Figs. 1A-1C). Vigunas et al. teaches that the area of the first adhesive can include a permanent adhesive and the area of the second adhesive can include a removable or repositionable adhesive, wherein any suitable pattern of adhesive can be used for the first and/or second adhesive ([0039], [0049]). Suitable patterns of adhesive include continuous longitudinal strips or lanes and discontinuous strips or lanes, such as diagonal lines, chevrons, stars, diamonds, squares, triangles, rectangles, polygons, etc., and combinations thereof ([0049]), wherein an embodiment of a discontinuous pattern of second adhesive is shown in Fig. 5.
Any region containing two or more portions of discontinuous second adhesive can be taken to correspond to the claimed single discontinuous patterned hot melt adhesive patch disposed on a backside of the substrate. The non-adhesive areas located between the individual areas of the hot melt second adhesive can be taken to correspond to the claimed substantial portion of the backside which is devoid of any hot melt adhesive. Moreover, in the case where the permanent adhesive of the first adhesive is selected as an adhesive other than a hot melt adhesive, such as an acrylic emulsion ([0040]), the area of the first adhesive also constitutes a substantial portion of the backside which is devoid of hot melt adhesive.
Although Vigunas et al. teaches that the second adhesive can include a removable or repositionable pressure sensitive adhesive, wherein pressure sensitive adhesives can include hot-melt adhesives ([0018], [0038], [0041]), the reference does not expressly teach that the hot melt pressure-sensitive adhesive is applied in multiple layers stacked onto the backside of the substrate, wherein the multiple layers of stacked hot melt adhesive provide the label with repositionable characteristics enabling the label to be removed from an initial surface and reapplied to another surface without loss of adhesive tack.
However, in the analogous art of adhesive labels, Pan et al. teaches hotmelt pressure sensitive adhesives (PSAs) that provide improved removability and repositionability without leaving significant adhesive residue on a bottle or other container from which the label is removed [0013]. Pan et al. teaches that this characteristic is important when the PSAs are utilized for repositionable or reattachable closure devices or to attach labels to containers that are to be reused or recycled [0013]. Pan et al. teaches that the PSAs demonstrate a desirable combination of adhesion/tack strength in conjunction with high levels of removability and/or repositionability [0015]. Pan et al. further teaches that the hotmelt PSA layer can be applied directly adjacent to the facestock, wherein the label can include two or more layers of hotmelt PSA, which can be coated onto the facestock with a coat weight of, for example, 5 gsm to 30 gsm [0076]. Pan et al. therefore teaches that the hotmelt PSA can be applied in multiple layers stacked onto the backside of the label substrate to provide the label with repositionable characteristics as claimed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the label taught by Vigunas et al. by using a repositionable hot melt PSA applied in two or more layers as the repositionable second adhesive, such that the label is capable of being removed from an initial surface and reapplied to another surface without loss of adhesive tack, as taught by Pan et al., in order to enable the label to be used in applications such as repositionable or reattachable closure devices or as labels for containers that are to be reused or recycled.
Regarding claims 4 and 5, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in annotated Fig. 5 of Vigunas et al. below, the patterned second adhesive (130) comprises a single discontinuous patterned adhesive patch which comprises a primary discontinuous pattern that is repeated and arranged in a secondary pattern. The single adhesive patch of second adhesive (130) is repeated as an additional patch as a second discontinuous patterned hot melt adhesive patch, which is disposed on the second side of the substrate in the same manner as the single adhesive patch.
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It is noted that the configuration of discontinuous patterned second adhesive (130) as taught by Vigunas et al. can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch, primary discontinuous patterns, and secondary pattern. The configuration shown in annotated Fig. 5 above illustrates merely one exemplary interpretation thereof.
Regarding claim 6, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in annotated Fig. 5 of Vigunas et al. below, the patterned second adhesive (130) comprises a single discontinuous patterned adhesive patch which comprises at least two different primary discontinuous patterns (e.g., first and second primary discontinuous patterns shown below) that are repeated and arranged in a secondary pattern.
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It is noted that the configuration of discontinuous patterned second adhesive (130) as taught by Vigunas et al. can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch, primary discontinuous patterns, and secondary pattern. The configuration shown in annotated Fig. 5 above illustrates merely one exemplary interpretation thereof.
Regarding claims 7, 8, 10, and 11, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in the annotated versions of Fig. 5 of Vigunas et al. below, the patterned second adhesive (130) further comprises additional discontinuous patterned adhesive patches disposed on the second side (105; backside) of the substrate. The single adhesive patch and the additional adhesive patches have the same shape (e.g., bar shaped or circular shaped) and are separated by void areas that are devoid of hot melt adhesive.
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It is noted that the configuration of discontinuous patterned second adhesive (130) as taught by Vigunas et al. can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch and additional discontinuous patterned hot melt adhesive patches. The configurations shown in the annotated versions of Fig. 5 above illustrate merely one exemplary interpretation thereof.
Regarding claims 7, 9, and 12, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in annotated Fig. 5 of Vigunas et al. below, the patterned second adhesive (130) further comprises additional discontinuous patterned adhesive patches disposed on the second side (105; backside) of the substrate. The single adhesive patch has a diamond shape, and the additional adhesive patches have triangular shapes, wherein the single adhesive patch and the additional adhesive patches are separated by void areas that are devoid of hot melt adhesive.
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It is noted that the configuration of discontinuous patterned second adhesive (130) as taught by Vigunas et al. can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch and additional discontinuous patterned hot melt adhesive patches. The configuration shown in annotated Fig. 5 above illustrates merely one exemplary interpretation thereof.
Regarding claim 13, Vigunas et al. teaches a linerless label (100) comprising a substrate (101) having a first side (103) and a second side (105; backside), wherein the first side has a release coat (110), and the second side has at least one area of a first adhesive (120) and at least one different area of a second adhesive (130) ([0035], Figs. 1A-1C). The release coat serves to prevent the adhesive of the second side from adhering when the label media is rolled upon itself to form a linerless label roll (roll of labels) ([0016], [0037]). The second side may further include optical sensing marks (419, 421) printed thereon in order to assist in cutting between discrete patches of first adhesive ([0050], Figs. 4B, 4C). The optical sensing marks therefore correspond to the claimed sense marks which define and separate the labels.
Vigunas et al. teaches that the area of the first adhesive can include a permanent adhesive and the area of the second adhesive can include a removable or repositionable adhesive, wherein any suitable pattern of adhesive can be used for the first and/or second adhesive ([0039], [0049]). Suitable patterns of adhesive include continuous longitudinal strips or lanes and discontinuous strips or lanes, such as diagonal lines, chevrons, stars, diamonds, squares, triangles, rectangles, polygons, etc., and combinations thereof ([0049]), wherein an embodiment of a discontinuous pattern of second adhesive is shown in Fig. 5.
Any region containing two or more portions of discontinuous second adhesive can be taken to correspond to the claimed at least one discontinuous patterned hot melt adhesive patch disposed on a backside of the substrate. The non-adhesive areas located between the individual areas of the hot melt second adhesive can be taken to correspond to the claimed substantial portion of the backside which is devoid of any hot melt adhesive. Moreover, in the case where the permanent adhesive of the first adhesive is selected as an adhesive other than a hot melt adhesive, such as an acrylic emulsion ([0040]), the area of the first adhesive also constitutes a substantial portion of the backside which is devoid of hot melt adhesive.
Although Vigunas et al. teaches that the second adhesive can include a removable or repositionable pressure sensitive adhesive, wherein pressure sensitive adhesives can include hot-melt adhesives ([0018], [0038], [0041]), the reference does not expressly teach that the hot melt pressure-sensitive adhesive is applied in multiple layers stacked onto the backside of the substrate, wherein the multiple layers of stacked hot melt adhesive provide the label with repositionable characteristics enabling the label to be removed from an initial surface and reapplied to another surface without loss of adhesive tack.
However, in the analogous art of adhesive labels, Pan et al. teaches hotmelt pressure sensitive adhesives (PSAs) that provide improved removability and repositionability without leaving significant adhesive residue on a bottle or other container from which the label is removed [0013]. Pan et al. teaches that this characteristic is important when the PSAs are utilized for repositionable or reattachable closure devices or to attach labels to containers that are to be reused or recycled [0013]. Pan et al. teaches that the PSAs demonstrate a desirable combination of adhesion/tack strength in conjunction with high levels of removability and/or repositionability [0015]. Pan et al. further teaches that the hotmelt PSA layer can be applied directly adjacent to the facestock, wherein the label can include two or more layers of hotmelt PSA, which can be coated onto the facestock with a coat weight of, for example, 5 gsm to 30 gsm [0076]. Pan et al. therefore teaches that the hotmelt PSA can be applied in multiple layers stacked onto the backside of the label substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the label taught by Vigunas et al. by using a repositionable hot melt PSA applied in two or more layers as the repositionable second adhesive, such that the label is capable of being removed from an initial surface and reapplied to another surface without loss of adhesive tack, as taught by Pan et al., in order to enable the label to be used in applications such as repositionable or reattachable closure devices or as labels for containers that are to be reused or recycled.
Regarding claims 14 and 15, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 13 above. As shown in annotated Fig. 5 of Vigunas et al. below, each discontinuous patterned adhesive patch includes a repeated primary discontinuous adhesive pattern comprising six polygonal adhesive portions, wherein each adhesive patch is disposed in a predefined shape (e.g., a rectangular shape, as indicated by the dashed lines).
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Regarding claim 16, Vigunas et al. in view of Pan et al. teaches all of the limitations of claim 13 above. Any continuous portions of adhesive provided on the second side (105; backside) of the substrate, other than the portions used to correspond to the claimed discontinuous adhesive patch, can be taken to correspond to the claimed single continuous patterned adhesive patch disposed on the backside of at least one additional label of the roll in a predefined shape. For example, a single continuous polygonal portion of second adhesive shown in Fig. 5 of Vigunas et al. can be taken to correspond to the claimed single continuous patterned adhesive patch.
Claims 1 and 4-12 are rejected under 35 U.S.C. 103 as being unpatentable over Instance (US 5,584,955, previously cited) in view of Pan et al. (WO 2018/184198, previously cited).
Regarding claim 1, Instance teaches a method of producing a succession of self-adhesive labels on a length of release material, in which a succession of patches (6, 46) of pressure-sensitive adhesive is applied to the upper surface of the release material (2, 44), wherein each patch of adhesive is formed of a series of parallel beads (8) or dots of adhesive (Abstract; col 2, Ln 19-25, 32-43; col 3, Ln 20-35; Figs. 1-2 and 4). The pressure-sensitive adhesive may be a hot-melt pressure-sensitive adhesive (col 2, Ln 28-31). A succession of labels is then fed onto the patches of adhesive such that a row of labels (10, 48) is adhered by the adhesive to the release material (col 2, Ln 44-62). Instance therefore teaches a label comprising a substrate, and at least one single discontinuous patterned hot melt adhesive patch formed by a discontinuous pattern of lines or dots of adhesive disposed on a backside of the substrate (Figs. 1-4). The non-adhesive areas (i.e., spaces or gaps) located between the individual beads or dots of adhesive can be taken to correspond to the claimed substantial portion of the backside which is devoid of any hot melt adhesive.
Instance differs from the clamed invention in that the reference does not expressly teach that the hot melt pressure-sensitive adhesive is applied in multiple layers stacked onto the backside of the substrate, wherein the multiple layers of stacked hot melt adhesive provide the label with repositionable characteristics enabling the label to be removed from an initial surface and reapplied to another surface without loss of adhesive tack.
However, in the analogous art of adhesive labels, Pan et al. teaches hotmelt pressure sensitive adhesives (PSAs) that provide improved removability and repositionability without leaving significant adhesive residue on a bottle or other container from which the label is removed [0013]. Pan et al. teaches that this characteristic is important when the PSAs are utilized for repositionable or reattachable closure devices or to attach labels to containers that are to be reused or recycled [0013]. Pan et al. teaches that the PSAs demonstrate a desirable combination of adhesion/tack strength in conjunction with high levels of removability and/or repositionability [0015]. Pan et al. further teaches that the hotmelt PSA layer can be applied directly adjacent to the facestock, wherein the label can include two or more layers of hotmelt PSA, which can be coated onto the facestock with a coat weight of, for example, 5 gsm to 30 gsm [0076]. Pan et al. therefore teaches that the hotmelt PSA can be applied in multiple layers stacked onto the backside of the label substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the self-adhesive labels taught by Instance by using a repositionable hot melt PSA applied in two or more layers as the hot-melt pressure-sensitive adhesive, such that the label is capable of being removed from an initial surface and reapplied to another surface without loss of adhesive tack, as taught by Pan et al., in order to enable the label to be used in applications such as repositionable or reattachable closure devices or as labels for containers that are to be reused or recycled.
Regarding claims 4, 5, and 7-12, Instance in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in annotated Figs. 2 and 4 of Instance below, each of the patches (6, 46) of adhesive include a series of parallel beads (8) or dots of adhesive, where any set of two or more lines or dots of adhesive can be taken to correspond to the claimed single discontinuous patterned hot melt adhesive patch or to the claimed additional discontinuous patterned hot melt adhesive patches (see dashed shapes in annotated Figs. 2 and 4 below).
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In each embodiment, the single discontinuous patterned hot melt adhesive patch comprises a primary discontinuous pattern which is repeated and arranged in a secondary pattern, wherein the single adhesive patch is repeated as at least one additional patch. Each of the single and additional discontinuous patterned hot melt adhesive patches may have the same shape (e.g., a bar shape, a circular shape) or different shapes (e.g., a diamond shape and triangular shapes), and may be separated from one another by void areas that are devoid of adhesive.
It is noted that the configuration of patterned hot melt adhesive as taught by Instance can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch, primary discontinuous pattern, secondary pattern, and additional discontinuous patterned hot melt adhesive patches. The configurations shown in annotated Figs. 2 and 4 above merely illustrate a few exemplary interpretations thereof.
Regarding claim 6, Instance in view of Pan et al. teaches all of the limitations of claim 1 above. As shown in annotated Fig. 4 below, the single discontinuous patterned hot melt adhesive patch can comprise at least two different primary discontinuous patterns, e.g., in which a first primary discontinuous pattern comprises three spaced apart dots of adhesive and a second primary discontinuous pattern comprises four spaced apart dots of adhesive, which are repeated and arranged in a secondary pattern on an upper surface of the release material.
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It is noted that the configuration of patterned hot melt adhesive as taught by Instance can be interpreted in a variety of different ways to satisfy the claimed limitations directed to the single discontinuous patterned hot melt adhesive patch, primary discontinuous pattern, secondary pattern, and additional discontinuous patterned hot melt adhesive patches. The configuration shown in annotated Fig. 4 above illustrates merely one exemplary interpretation thereof.
Response to Arguments
Response-Claim Objections
The previous objections to claims 4 and 10-12 are overcome by the Applicant’s amendments to the claims in the response filed May 11, 2026.
Response-Claim Rejections - 35 USC § 112
The previous rejection of claims 10-12 under 35 U.S.C. 112(b) as being indefinite is overcome in part by the Applicant’s amendments to claims 10-12 in the response filed May 11, 2026. However, a portion of the previous rejection was not addressed by amendment or by argument and has been maintained in the office action above.
The previous rejection of claim 3 under 35 U.S.C. 112(d) as being of improper dependent form is moot in light of the Applicant’s cancellation of claim 3 in the response filed May 11, 2026.
Response-Claim Rejections - 35 USC § 103
Applicant's arguments, see pages 5-10 of the remarks filed May 11, 2026, with respect to amended claims 1 and 13 have been fully considered but they are not persuasive.
With respect to Vigunas et al. in view of Pan et al., the Applicant argues on pages 6-8 that Vigunas et al. does not disclose a configuration in which a substantial portion of the backside is devoid of any hot melt adhesive. In particular, the Applicant argues that Vigunas et al. discloses that the second side of the substrate includes at least one area of a first adhesive (120) and at least one different area of a second adhesive (130), together covering the backside of the substrate, wherein the second adhesive (130) occupies patterned regions across the backside of the substrate, and the remaining portions of the backside are occupied by the first adhesive (120).
This argument is not persuasive. First, it is noted that the Applicant’s assertion that the first adhesive (120) occupies all of the remaining portions of the backside that are not occupied by the second adhesive (130), such that the first and second adhesive together cover the entire backside of the substrate, is not consistent with the disclosure in Vigunas et al. For example, in the embodiment shown in Fig. 5, each of the first adhesive (120) and second adhesive (130) are shown as being formed in a discontinuous pattern, where the first adhesive includes a plurality of oval shaped portions of adhesive, while the second adhesive includes a plurality of polygonal portions of adhesive, each spaced apart by non-adhesive areas. In particular, paragraph [0049] in Vigunas et al. discloses patterns which can be used for either or both of the first adhesive and/or the second adhesive, wherein suitable adhesive patterns include continuous longitudinal strips or lanes and discontinuous longitudinal strips or lanes. The non-adhesive portions present between discontinuous patterns of adhesive are areas that are not occupied by either the first adhesive or the second adhesive and are therefore devoid of hot melt adhesive.
Furthermore, as explained in the prior art rejections above, Vigunas et al. teaches that the first adhesive (120) includes a permanent adhesive, while the second adhesive (130) includes a removable or repositionable adhesive [0039]. The removable repositionable adhesive may be a hot melt adhesive [0041]. However, the permanent adhesive may be an adhesive that is not a hot melt adhesive, such as an acrylic emulsion adhesive [0040]. Therefore, the portions of the backside of the substrate in which the first adhesive (120) is applied may also be portions that are devoid of hot melt adhesive. For these reasons, the Applicant’s argument that Vigunas et al. does not teach a configuration in which a substantial portion of the backside is devoid of hot melt adhesive is not persuasive.
With respect to Instance in view of Pan et al., the Applicant argues on pages 8-10 that Instance teaches covering substantially the entire backside of each label with adhesive, which is directly contrary to the amended element of the present claims requiring that a substantial portion of the backside is devoid of any hot melt adhesive.
This argument is not persuasive. Although Instance does disclose that the shape and dimensions of the patches (6) of adhesive and of the applied labels (10) are selected such that substantially the entire rearwardly-directed surface (12; backside) of each label is coated with the pressure-sensitive adhesive and such that the edge (14) of each patch (6) is within the periphery (16) of each respective applied label (col 2, Ln 57-62), as is clear from Figs. 2 and 4 of Instance, this disclosure indicates that the adhesive is applied discontinuously across substantially the entire backside of each label. In particular, as explained in the prior art rejections above, each rectangular patch (6) of adhesive is constituted by a series of parallel beads (8) of adhesive, and each circular patch (46) of adhesive is formed of an array (42) of dots of adhesive (col 2, Ln 32-42; col 3, Ln 20-35). The non-adhesive areas (i.e., spaces or gaps) located between the individual beads or dots of adhesive in the discontinuous adhesive patches are interpreted as corresponding to the claimed substantial portion of the backside which is devoid of any hot melt adhesive. The disclosure in Instance of the adhesive being formed over substantially the whole backside surface of the applied label is therefore not contrary to the claimed configuration, as the adhesive is provided over the whole backside of the substrate in a discontinuous manner such that the discontinuities in the adhesive correspond to the claimed substantial portion of the backside that is devoid of hot melt adhesive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L GRUSBY whose telephone number is (571) 272-1564. The examiner can normally be reached Monday-Friday, 8:30 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA L GRUSBY/Primary Examiner, Art Unit 1785
