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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated November 19, 2025. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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 – 9 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 “A pressure-sensitive label, comprising: a plurality of layers, wherein the plurality of layers has at least two stages of configuration:(a) a first stage wherein the plurality of layers includes (i) a support portion including at least a first carrier layer and a second carrier layer, and (ii) a transfer portion including at least an adhesive layer and an indicia layer, wherein the adhesive layer and the indicia layer are disposed between the first carrier layer and the second carrier layer, and(a) a second stage including the second carrier layer, the adhesive layer, and the indicia layer, wherein the adhesive layer is disposed between the second carrier layer and the indicia layer, and the first carrier layer is absent.” in claim 1 is unclear, which renders the claim vague and indefinite. It is unclear what is trying to be claim with the above limitations. The language seems to be directed towards the use of a pressure sensitive label and not the construction as the 2nd part (a) is discussing the removal of label layer, which appears to be an intermediate arrangement, which leads to the use of the label.
Claims 2 – 9 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 claim.
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 – 3 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Arnold (USPN 4,421,816).
Arnold discloses a pressure-sensitive label (Figures; Abstract) comprising: a plurality of layers (Figure 1), wherein the plurality of layers has at least two stages of configuration:(a) a first stage wherein the plurality of layers includes (i) a support portion including at least a first carrier layer and a second carrier layer (Figure 1, #10 and 18), and (ii) a transfer portion including at least an adhesive layer and an indicia layer, wherein the adhesive layer and the indicia layer are disposed between the first carrier layer and the second carrier layer (Figure 1, #14 - 16), and(a) a second stage including the second carrier layer, the adhesive layer, and the indicia layer, wherein the adhesive layer is disposed between the second carrier layer and the indicia layer, and the first carrier layer is absent (Figure 1, #14, 15, 16) as in claim 1. With respect to claim 2, the transfer portion includes a printable layer (Figure 1, #14). Regarding claim 3, the printable layer is positioned such that the printable layer is between the indicia layer and the adhesive layer (Figure 1, #14, 15, 16).
Claims 1 – 4 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Bull et al. (USPN 6,265,711).
Bull et al. disclose a pressure-sensitive label (Figure 4; Abstract) comprising: a plurality of layers (Figure 4), wherein the plurality of layers has at least two stages of configuration:(a) a first stage wherein the plurality of layers includes (i) a support portion including at least a first carrier layer and a second carrier layer (Figure 4, #16 and 32), and (ii) a transfer portion including at least an adhesive layer and an indicia layer, wherein the adhesive layer and the indicia layer are disposed between the first carrier layer and the second carrier layer (Figure 4, #12, 14, 34, 36, 40), and(a) a second stage including the second carrier layer, the adhesive layer, and the indicia layer, wherein the adhesive layer is disposed between the second carrier layer and the indicia layer (Figure 4, #12, 14, 34, 36, 40, wherein #32 is being removed) , and the first carrier layer is absent (Column 8, lines 52 - 59) as in claim 1. With respect to claim 2, the transfer portion includes a printable layer (Figure 4, #12). Regarding claim 3, the printable layer is positioned such that the printable layer is between the indicia layer and the adhesive layer (Figure 4, #12, 14, 34, 36, 40). For claim 4, the printable layer is clear (Column 4, line 66 to Column 5, line 23).
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 5 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Bull et al. (USPN 6,265,711) in view of McKillip et al. (USPGPub 2020/0273378 A1).
Bull et al. disclose a pressure-sensitive label (Figure 4; Abstract) comprising: a plurality of layers (Figure 4), wherein the plurality of layers has at least two stages of configuration:(a) a first stage wherein the plurality of layers includes (i) a support portion including at least a first carrier layer and a second carrier layer (Figure 4, #16 and 32), and (ii) a transfer portion including at least an adhesive layer and an indicia layer, wherein the adhesive layer and the indicia layer are disposed between the first carrier layer and the second carrier layer (Figure 4, #12, 14, 34, 36, 40), and(a) a second stage including the second carrier layer, the adhesive layer, and the indicia layer, wherein the adhesive layer is disposed between the second carrier layer and the indicia layer (Figure 4, #12, 14, 34, 36, 40, wherein #32 is being removed) , and the first carrier layer is absent (Column 8, lines 52 - 59). However, Bull et al. fail to disclose the transfer portion includes a varnish layer, the transfer portion includes a printable layer, and wherein the printable layer is positioned such that the printable layer is located between the varnish layer and the indicia layer, the transfer portion includes a foil layer, the foil layer separate from the indicia layer, the transfer portion includes a screen printed graphics layer, the screen printed graphics layer separate from the indicia layer, and the varnish layer includes a first varnish layer and a second varnish layer, the first varnish layer separate from the second varnish layer.
McKillip et al. teach a pressure-sensitive label (Figures; Abstract) comprising: a support portion (Figures, #12) including a carrier layer (Figures, #14); and a transfer portion (Figures, #18) operatively connected to the support portion (Figures, #12 and 18), the transfer portion including at least an adhesive layer (Figures, #24) and an indicia layer (Figures, #22; Paragraphs 0021 and 0058), the transfer portion configured for transfer of the transfer portion from the support portion to an article upon application of pressure to the transfer portion while the transfer portion is in contact with the article (Figure 8, #18), wherein the transfer portion does not include a face stock layer (Figures; Abstract), the transfer portion includes a varnish layer (Paragraphs 0055 and 0083; Figure 4, #33), the transfer portion includes a printable layer, and wherein the printable layer is positioned such that the printable layer is located between the varnish layer and the indicia layer (Paragraphs 0092, 0083, and 0055, wherein the layers may be rearranged), the transfer portion includes a foil layer, the foil layer separate from the indicia layer (Paragraphs 0109 and 0110), the transfer portion includes a screen printed graphics layer, the screen printed graphics layer separate from the indicia layer (Paragraph 0055, wherein the printable layer is screen printed), and the varnish layer includes a first varnish layer and a second varnish layer, the first varnish layer separate from the second varnish layer (Figure 4, #20 and 33; Paragraphs 0054, 0055 and 0083) for the purpose of forming a label with a protective layer (Paragraph 0083).
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 varnish layer in Bull et al. in order to have a protective layer as taught by McKillip et al.
Response to Arguments
Applicant’s arguments with respect to claims 1 - 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Please see the newly presented rejections in view of Arnold and Bull et al.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/ Primary Examiner, Art Unit 1788 December 11, 2025