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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 12, 2025 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Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated August 13, 2025.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 § 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 – 6 and 8 – 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wild et al. (USPGPub 2015/0361305 A1).
Wild et al. disclose a label (Figures; Claim 1) comprising: a substrate (Claim 1); and an adhesive patch disposed on a backside of the substrate (Figures; Claim 1), wherein the adhesive patch disposed in a pattern of an adhesive on the backside, wherein the pattern is optimized to minimize adhesive coverage on the backside and minimize adhesive contact with components of a printer when the label is fed through the printer (Paragraph 0028); wherein an adhesive coverage area of the adhesive patch is less than a remaining area of the backside (Figures 1B – 1C, 1E; wherein the measurements of the adhesive patches are clearly indicated by measurements; Paragraphs 0030, 0031, 0056, 0059, and 0060); wherein the adhesive patch is disposed in a pattern that maintains adhesive bonding characteristics when the label is dispensed from the printer (Paragraphs 0068; 0080; 0087; Figure 2); wherein the adhesive patches are discontinuous (Paragraphs 0030 and 0056; Figures 1E an 1F, the adessive) wherein the label is a linerless label (Paragraphs 0017 – 0019; Figures) as in claim 1. With respect to claim 2, the adhesive patch includes four adhesive patches arranged in the pattern on the backside (Figure 1F). Regarding claim 3, a first adhesive patch and a second adhesive patch is of a first shape, and a third adhesive patch and a fourth adhesive patch is of a second shape (Figure 1F). For claim 4, the pattern includes the first adhesive patch diagonal to the second adhesive patch on the backside, and the third adhesive patch diagonal to the fourth adhesive patch on the backside (Figure 1F). In claim 5, the pattern includes the first adhesive patch above the third adhesive patch on the backside, and the fourth adhesive patch above the second adhesive patch on the backside (Figure 1F). With regard to claim 6, the first adhesive patch and the second adhesive patch include diagonal cutout bars that are devoid of any of the adhesive (Figure 1F, the areas between the adhesive). As in claim 8, the adhesive is a high tack or an aggressive adhesive (Abstract). With respect to claim 9, the adhesive patch includes two or more adhesive patches arranged in the pattern on the backside, wherein the two or more adhesive patches are separated by areas of the backside that are devoid of any of the adhesive and the two or more adhesive patches do not intersect on the backside (Figures, the adhesive placement). Regarding claim 10, the adhesive patch includes two or four adhesive patches arranged in the pattern, each adhesive patch having a rectangle, square, or bar shape, each adhesive patch separated by areas of the backside that are devoid of any the adhesive and each of the adhesive patches do not intersect with another one of the adhesive patches on the backside (Figures 1E; Paragraph 0030). For claim 11, the adhesive patch includes three rows of adhesive patches arranged in the pattern, each adhesive patch in each row separated by an area of the backside that is devoid of any of the adhesive (Figures 1E; Paragraph 0030). In claim 12, the adhesive patch includes a plurality of adhesive patches arranged in the pattern, each adhesive patch is of a rectangle or bar shape, each adhesive patch separated by an area of the backside that is devoid of any adhesive, and the adhesive patches diagonally disposed within the pattern on the backside (Figures; Paragraph 0030). Wild et al. further disclose a roll of labels (Figures; Abstract; Paragraph 0002), comprising: a substrate (Claim 1); and adhesive patches disposed on a backside in a pattern (Figures), wherein each label is defined by one of the adhesive patches and identified by a sense mark disposed on the backside of the substrate under a corresponding patch (Paragraphs 0052; Figures); wherein the pattern minimizes a coverage area of an adhesive associated with the adhesive patches and minimizes adhesive contact with components of a printer when the roll is fed through the printer (Paragraph 0028) wherein the adhesive patches are offset from sides of each label defining a perimeter along the backside that is devoid of any adhesive (Figures 1B – 1C, 1E; wherein the measurements of the adhesive patches are clearly indicated by measurements; Paragraphs 0030, 0031, 0056, 0059, and 0060); wherein the pattern maintains adhesive bonding characteristics when individual labels are dispensed from the printer (Paragraphs 0068; 0080; 0087; Figure 2); wherein the adhesive patches are discontinuous (Paragraphs 0030 and 0056; Figures 1E an 1F, the adessive) wherein the label is a linerless label (Paragraphs 0017 – 0019; Figures) as in claim 13. With respect to claim 14, each adhesive patch includes two or more adhesive patches arranged the pattern on the backside (Figures; Paragraph 0030). Regarding claim 15, the two or more adhesive patches are rectangular in shape, square in shape, or bar shaped (Figures; Paragraph 0030). For claim 16, each of the two or more adhesive patches arranged in the pattern on the backside do not intersect and are separated by areas on the backside that are devoid of any of the adhesive (Figures; Paragraph 0030).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wild et al. (USPGPub 2015/0361305 A1).
Wild et al. disclose a label (Figures; Claim 1) comprising: a substrate (Claim 1); and an adhesive patch disposed on a backside of the substrate (Figures; Claim 1), wherein the adhesive patch disposed in a pattern of an adhesive on the backside, wherein the pattern is optimized to minimize adhesive coverage on the backside and minimize adhesive contact with components of a printer when the label is fed through the printer (Paragraph 0028); wherein an adhesive coverage area of the adhesive patch is less than a remaining area of the backside (Figures 1B – 1C, 1E; wherein the measurements of the adhesive patches are clearly indicated by measurements; Paragraphs 0030, 0031, 0056, 0059, and 0060); wherein the adhesive patch is disposed in a pattern that maintains adhesive bonding characteristics when the label is dispensed from the printer (Paragraphs 0068; 0080; 0087; Figure 2); wherein the adhesive patches are discontinuous (Paragraphs 0030 and 0056; Figures 1E an 1F, the adessive) wherein the label is a linerless label (Paragraphs 0017 – 0019; Figures). However, Wild et al. fail to disclose a coverage area of the adhesive within the adhesive patch is approximately 30.10% or 36% of a total coverage area for the backside.
With regard to the limitation of “a coverage area of the adhesive within the adhesive patch is approximately 30.10% or 36% of a total coverage area for the backside”, Wild et al. clearly stated that the adhesive may be applied in a variety of formations (Figures 1B – 1C, 1E; wherein the measurements of the adhesive patches are clearly indicated by measurements; Paragraphs 0030, 0031, 0056, 0059, and 0060). It is well settled that a particular shape of a prior invention carries no patentable weight unless the applicant can demonstrate that the new shape provides significant unforeseen improvements to the invention. In the instant case, the application does not indicate any new, significant attributes of the invention due to its shape which would have been unforeseen to one of ordinary skill in the art. A change in size or shape is generally recognized as being within the level of ordinary skill in the art, absent unexpected results. MPEP 2144.04 (I) and (IV). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an adhesive coverage of approximately 30.10% or 36% as taught by Wild et al.
Response to Arguments
Applicant's arguments filed August 13, 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “Wild Does Not Appear to Disclose Linerless Labels”, the Examiner respectfully disagrees. Wild et al. very clearly discloses linerless labels (Figures; Paragraphs 0017 – 0019 and 0022).
In response to Applicant’s argument that “Wild's traditional labels and the claimed linerless labels are fundamental and cannot be overlooked in an anticipation analysis. Wild describes a system where "the adhesive layer 106 comes into contact with the release coating 108, thereby minimizing adhesion between the adhesive layer 106 and the print layer 104 or underlying substrate 102." This describes a traditional label structure with separate release liner components.”, the Examiner respectfully disagrees. Wild et al. very clearly discloses linerless labels (Figures; Paragraphs 0017 – 0019 and 0022). The silicone is on the surface of the label opposite the adhesive material.
In response to Applicant’s argument that “Wild describes manufacturing processes for traditional labels with release liners, while the specification describes manufacturing processes specifically for linerless labels. The specification details that the manufacturing process includes "causing a release applicator to apply a release coating over a front side of the label substrate as the sheet is urged through the stations of the press." This is fundamentally different from Wild's approach, which relies on separate release liner materials.”, the Examiner respectfully disagrees. Wild et al. very clearly discloses linerless labels (Figures; Paragraphs 0017 – 0019 and 0022). The silicone is on the surface of the label opposite the adhesive material.
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