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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 15, 2026 has been entered.
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated June 15, 2026. 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 and 22 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 language of claim 1 “A pressure-sensitive label, comprising: a plurality of layers, wherein the plurality of layers has a first stage including (i) a support portion including at least a first carrier laver and a second carrier layer, and (ii) a transfer portion including at least an adhesive laver and an indicia layer, wherein the adhesive laver and the indicia laver are disposed between the first carrier laver and the second carrier layer, and wherein the adhesive layer is continuous; and wherein the plurality of layers is adaptable to 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 wherein the first carrier layer is absent.” and the language of claim 22 “A pressure-sensitive label, comprising: a plurality of layers, wherein the plurality of layers has a first stage including (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 wherein the plurality of layers is adaptable to 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 with the adhesive layer directly adjacent the indicia layer with no intervening layers, and wherein the first carrier layer is absent.” is unclear, which render the claims 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. It has been held that the recitation that an element is “adaptable to” perform a function is not a positive limitation but only requires the ability to do preform. It does not constitute a limitation in any patentable sense. MPEP 2111.04.
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 a first stage including (i) a support portion including at least a first carrier laver and a second carrier layer (Figure 1, #10 and 18), and (ii) a transfer portion including at least an adhesive laver and an indicia layer, wherein the adhesive laver and the indicia laver are disposed between the first carrier layer and the second carrier layer (Figure 1, #12, 14 - 16), and wherein the adhesive layer is continuous (Figure 1, #16); and wherein the plurality of layers is adaptable to a second stage including the second carrier layer, the adhesive layer, and the indicia layer (Figure 1, #10, 12, and 15), wherein the adhesive layer is disposed between the second carrier layer and the indicia layer (Figure 1, #10, 12, and 15), and wherein the first carrier layer is absent (Figure 1, #18) 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). Arnold further discloses a pressure-sensitive label (Figures; Abstract) comprising: a plurality of layers (Figure 1), wherein the plurality of layers has a first stage including (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, #12, 14 - 16); and wherein the plurality of layers is adaptable to a second stage including the second carrier layer, the adhesive layer, and the indicia layer (Figure 1, #10, 12, and 15), wherein the adhesive layer is disposed between the second carrier layer and the indicia layer with the adhesive layer directly adjacent the indicia layer with no intervening layers (Figure 1, #10, 12, and 15), and wherein the first carrier layer is absent (Figure 1, #18) as in claim 22.
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 (Figures; Abstract) comprising: a plurality of layers (Figure 4), wherein the plurality of layers has a first stage including (i) a support portion including at least a first carrier laver and a second carrier layer (Figure 4, #16 and 32), and (ii) a transfer portion including at least an adhesive laver and an indicia layer, wherein the adhesive laver and the indicia laver are disposed between the first carrier layer and the second carrier layer (Figure #12, 14, 34, 36 and 40), and wherein the adhesive layer is continuous (Figure 1, #14); and wherein the plurality of layers is adaptable to a second stage including the second carrier layer, the adhesive layer, and the indicia layer (Figure 4, #12, 14, 16, 34, 36 and 40), wherein the adhesive layer is disposed between the second carrier layer and the indicia layer (Figure 4, #12, 14, 16, 34, 36 and 40), and wherein the first carrier layer is absent (Figure 4, #32) 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). For claim 4, the printable layer is clear (Column 4, line 66 to Column 5, line 23). Bull et al. further discloses a pressure-sensitive label (Figures; Abstract) comprising: a plurality of layers (Figure 4), wherein the plurality of layers has a first stage including (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 #12, 14, 34, 36 and 40); and wherein the plurality of layers is adaptable to a second stage including the second carrier layer, the adhesive layer, and the indicia layer (Figure 4, #12, 14, 16, 34, 36 and 40), wherein the adhesive layer is disposed between the second carrier layer and the indicia layer with the adhesive layer directly adjacent the indicia layer with no intervening layers (Figure 4, #12, 14, 16, 34, 36 and 40), and wherein the first carrier layer is absent (Figure 4, #32) as in claim 22.
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 (Figures; Abstract) comprising: a plurality of layers (Figure 4), wherein the plurality of layers has a first stage including (i) a support portion including at least a first carrier laver and a second carrier layer (Figure 4, #16 and 32), and (ii) a transfer portion including at least an adhesive laver and an indicia layer, wherein the adhesive laver and the indicia laver are disposed between the first carrier layer and the second carrier layer (Figure #12, 14, 34, 36 and 40), and wherein the adhesive layer is continuous (Figure 1, #14); and wherein the plurality of layers is adaptable to a second stage including the second carrier layer, the adhesive layer, and the indicia layer (Figure 4, #12, 14, 16, 34, 36 and 40), wherein the adhesive layer is disposed between the second carrier layer and the indicia layer (Figure 4, #12, 14, 16, 34, 36 and 40), and wherein the first carrier layer is absent (Figure 4, #32). 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 filed June 15, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “However, in Applicant's view, having Arnold's protective layer 10 be the first carrier results in a label in Arnold that cannot meet the recitations of independent claim 1. And that is because the protective layer (i.e., first carrier) of Arnold is not removed from the label construction (whereas independent claim 1 recites that the label is able to be adapted to a construction where the first carrier is absent). In that regard, Arnold describes that (in the label of FIG. 1) inks are printed onto a base film and then the inks are overlaminated with the protective film to cover and protect the inks from abrasion and weathering. Nowhere does Arnold teach that the protective film would be removed - and the reason for the protective film would suggest that it not be removed. And so, because the first carrier/protective film of Arnold cannot be removed, then the label the Examiner points to in Arnold is not a label that is adaptable to the "second stage" recited in present claim 1.”, please see the newly presented rejection above, wherein the first carrier layer is cited as being #18, which is the removable release liner. The rest of the layers of Arnold have the correct orientation.
In response to Applicant’s argument that “With that background, Applicant notes that independent claim 1 recites a continuous layer of adhesive (i.e. a layer that would not have perforations or other intentional defect). However, Bull, as noted above, requires that its films, adhesives, inks, etc. (i.e., every layer that will be on the window) be covered with a plurality of perforations. Bull describes these as being discontinuous layers to allow the graphics to be seen from one side, while still being able to see through the article from the other side. (as opposed to continuous layers, which would not have such perforations throughout). Such discontinuous layers (and particularly the discontinuous adhesive layer) of Bull are in direct opposition to the adhesive layer recited in independent claim 1.”, the Examiner respectfully disagrees. While Bull contains perforations, that does not result in discontinuous layer of adhesive. The adhesive layer is a continuous layer as it covers the entire surface of the provided films.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 July 2, 2026
Prosecution Insights