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
2. Claims 6 & 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/28/2025.
3. Applicant's election with traverse of species in the reply filed on 10/28/2025 is acknowledged. The traversal is on the ground(s) that the subject matter of all species is sufficiently related that a thorough search for the subject matter of any one species would encompass a search for the subject matter of the remaining species. This is not found persuasive because the inventions have acquired a separate status in the art due to their recognized divergent subject matter; and the inventions require a different field of search (for example employing different search queries or searching different classes/subclasses).
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1, 2-4 & 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue Harumitsu et al. (JP 2017024329).
Inoue Harumitsu et al. disclose the following:
* Re clms 1 & 7, a printing medium/print receiving tape 50, printing sheet 52/ (Abst, figs 5 & 10);
* a transparent backing sheet/release sheet 54 having an upper and lower surface having light transmissivity, some light pass through/ (Abst., figs 5B, 10-12);
* a plurality of label portions/label main body portion 91, winding portion 90, upper and lower surfaces of release sheet 54/ adhered to the backing sheet in a line in a length direction of the backing sheet/release sheet 54/ (Abst., see section pertaining to specific examples of landmarks 1-3, figs 5B, 10-12);
* a plurality of first transparent regions/label main body portion 91, winding portion 90/ provided in a plurality of inter-label regions between the plurality of label portions and having a lower transparency/less light to no light passes through; print surfaces 16A & 17A are not of a light transmissivity, see figs 6-8 & 10/ than the backing sheet/release sheet 54, has a light transmissivity/ (see section pertaining to specific examples of landmarks 1-3, figs 5B, 10-12);
* a plurality of second transparent regions/upper surfaces of release sheet 54/ provided in the plurality of inter-label regions in such a way as to be adjacent to the first transparent regions/90, 91/ in the length direction of the backing sheet/release sheet 54/, and formed by the backing sheet/release sheet 54/ (see section pertaining to specific examples of landmarks 1-3, figs 5A, 5B, 10-12).
* Re clm 2, wherein a detection point/sensor mark 59/, which is a boundary between each of the first transparent regions and a corresponding one of the second transparent regions, extends in a width direction of the backing sheet (fig 5A).
* Re clm 3, wherein a plurality of adhering portions/adhesive layer 52A/ positioned in the plurality of inter-label regions and adhered to the backing sheet are included as the plurality of first transparent regions (see specific examples of landmarks 1, figs 5A & 5B).
cl* Re clm 4, wherein the plurality of adhering portions/adhesive layer 51A/ are made of a different material from the plurality of label portions (figs 5A & 5B).
* Further re clm 7, a tape cartridge (Abst., figs 1-3);
* a cartridge case housing/casing 120/ the printing medium/printing tape 50/, (Abst., see cartridge structure, figs 1-3).
Claim Rejections - 35 USC § 103
7. 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.
8. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue Harumitsu et al. (JP 2017024329) in view of Tomoyuki Kubota et al. (WO 2016158710).
Inoue Harumitsu et al. disclose the following:
* Re clm 5, having a lower transparency/label main body portion 91, winding portion 90, areas are not of a light transmissivity/ than the second transparent regions/release sheet 54, upper surface layer; areas have a light transmissivity/, are included as the plurality of first transparent regions (see section pertaining to specific examples of landmarks 1-3).
Inoue Harumitsu et al. does not disclose the following:
* Re clm 5, wherein a plurality of backing sheet deformed portions, which are portions of the backing sheet deformed in a thickness direction of the backing sheet
Tomoyuki Kubota et al. disclose the following:
* Re clm 5, wherein a plurality of backing sheet/non label portions 12, 14, 15/ deformed portions/12/, which are portions of the backing sheet deformed in a thickness direction of the backing sheet (see Description of Embodiments, fig 2).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to utilize wherein a plurality of backing sheet deformed portions, which are portions of the backing sheet deformed in a thickness direction of the backing sheet, taught by Tomoyuki Kubota et al. into Inoue Harumitsu et al. for the purpose of preventing wrinkles from being generated on the printing tape.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTAL FEGGINS whose telephone number is (571)272-2254. The examiner can normally be reached M-F 930-530pm.
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/KRISTAL FEGGINS/Primary Examiner, Art Unit 2853