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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 11, 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Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated May 11, 2026.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 § 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 1 – 16 are 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); wherein a front side of the substrate includes a thermally activated and sensitive image coating (Paragraph 0023); wherein a release coating is applied atop the thermally activated and sensitive image coating (Paragraph 0023) 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); wherein a front side of the substrate includes a thermally activated and sensitive image coating (Paragraph 0023); wherein a release coating is applied atop the thermally activated and sensitive image coating (Paragraph 0023); wherein the release coating permits a sheet of the linerless labels to be wound in a roll (Paragraph 0065 and 0073) 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). However, Wild et al. fail to disclose the pattern includes four adhesive patches that do not intersect with one another, and each adhesive patch is offset from two sides of the label; wherein first and second adhesive patches are of a first shape while third and fourth adhesive patches are of a second shape; wherein the first adhesive patch is diagonal to the second adhesive patch and the third adhesive patch is diagonal to the fourth adhesive patch; wherein the first adhesive patch is situated above the third adhesive patch and the fourth adhesive patch is situated above the second adhesive patch, and 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 “the pattern includes four adhesive patches that do not intersect with one another, and each adhesive patch is offset from two sides of the label; wherein first and second adhesive patches are of a first shape while third and fourth adhesive patches are of a second shape; wherein the first adhesive patch is diagonal to the second adhesive patch and the third adhesive patch is diagonal to the fourth adhesive patch; wherein the first adhesive patch is situated above the third adhesive patch and the fourth adhesive patch is situated above the second adhesive patch”, Wild et al clearly states that the adhesive patches are “patches may be of any geometric shape, of varying size, and applied in various patterns.” (Paragraph 0030). 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% or a specific arrangement of four patches as taught by Wild et al.
Response to Arguments
Applicant's arguments filed May 11, 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “This specific geometric arrangement creates a unique pattern that is not disclosed by Wild. The combination of having exactly four patches, with specific shape relationships (first and second of a first shape, third and fourth of a second shape), specific diagonal positioning relationships, and specific vertical positioning relationships (first above third, fourth above second), creates a structurally distinct adhesive pattern. Wild does not disclose this specific combination of elements.
Moreover, Wild does not disclose that each adhesive patch is offset from two sides of the
label. This specific structural feature ensures that the adhesive patches are positioned away from the edges of the label in a particular manner that is not disclosed by Wild.
The combination of all these specific structural elements in the recited arrangement distinguishes the claimed invention from Wild and renders claim 1 patentable.”, the Examiner respectfully disagrees. While Wild et al. may not disclose the specific arrangement of four patches with specific space relationships, Wild et al clearly states that the adhesive patches are “patches may be of any geometric shape, of varying size, and applied in various patterns.” (Paragraph 0030). 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).
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 May 19, 2026
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