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 .
Allowable Subject Matter
Claims 29-31 are potentially allowable.
Claims 5-7, 11, 14-16 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Morehouse, Bishop and Hussey references (discussed in greater depth supra), which is the prior art closest to Applicant’s claimed invention, and there would be no obvious reason to modify Morehouse, Bishop and Hussey to the extent necessary to satisfy each of Applicant’s pertinent limitations (specifically with regard to the claimed combinations of components and structural arrangements thereof), as such modifications would be likely to render the Morehouse, Bishop and Hussey assemblies incapable of continuing to operate/behave in the particular manners set forth within the respective references themselves (given the particularly sensitive nature of such wristband/label assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Despite the foregoing, the Office notes that each of previously objected and now amended (to present them in independent form) claims 3, 10, 22 and 29 contain differences between the language that now appears and the exact language that was presented in the previously filed claims (and those from which they respectively depend). Accordingly, claims, 3, 10 and 22 are not indicated as being allowable herein, as simply presenting previously objected claims in independent form.
Claims 29-31 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 5-7, 11, 14-16 and 26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Specification
The amendment filed on 10 December 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Applicant’s newly recited “digital link” limitations of claims 6 and 15 do not appear to be mentioned within the originally filed specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-7 and 15-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor, at the time the application was filed, had possession of the claimed invention. See the listing of new matter set forth supra.
Claims 7 and 16 are rejected as depending from claims 6 and 15, respectively.
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 3-7 and 22-27 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 claim 3 recitation of “thereof” is unclear, as it is unknown which of the previously claimed elements is being invoked (e.g. the “information tag” or “attachment portion”). Exactly what structure/configuration is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claims 3 and 22 recite the limitation "the person’s wrist"; and ii) claims 4 and 6 recite the limitation “the person”.
Claims 5, 7 and 23-27 are rejected as depending (directly or indirectly) from rejected independent claims 3 and 22.
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.
Claims 3-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0179686 to Morehouse et al. (“Morehouse”).
Regarding claim 3, Morehouse anticipates an information tag (e.g. tag 12, as shown in fig. 1 and discussed at para. 35) comprising: i) an attachment portion (e.g. wings/ears 20 and 22, together, as shown in fig. 1 and discussed at para. 35) having a first adhesive (e.g. adhesive layer 26 on back surface of wings/ears 20 and 22, as shown in fig. 1 and discussed at para. 36) applied to an inner surface (e.g. back surface) thereof (fig. 1 and para. 36) for affixing (fig. 3) the information tag (12) to a product (e.g. wristband 36, as shown in fig. 3 and discussed at para. 42); ii) a removable (see tear lines 48, as shown in fig. 1) elongate (fig. 1) strip (e.g. identification portion 16 and strap portion 18, together, as shown in fig. 1) connected to (fig. 1) the attachment portion (20 and 22, together) and configured to form a wristband (compare figs. 1-4, and see para. 2) that can be secured around the person's wrist (para. 2); iii) a second adhesive (e.g. adhesive layer 26 on back surface of identification portion 16, as shown in fig. 1) applied to a first end (e.g. left end, as shown in fig. 1) of the elongate strip (16 and 18, together) for securing (compare figs. 1-4, and see para. 2) the elongate strip (16 and 18, together) around the person's wrist (para. 2) with the first end (aforementioned left end) overlapping (compare figs. 1-4) a second end (e.g. right end, as shown in fig. 1) to form the wristband (compare figs. 1-4, and see para. 2); iv) wherein the attachment portion (20 and 22, together) comprises a pair of side tabs (fig. 1) extending along opposing sides (fig. 1) of the elongate strip (16 and 18, together); and v) wherein the elongate strip (16 and 18, together) and side tabs are divided (fig. 1) by perforation lines (e.g. tear lines 48, as shown in fig. 1 and discussed at para. 53) to enable the elongate strip (16 and 18, together) of the tag (12) to be torn away from (note the name “tear lines”; also note that if wings/ears 20 and 22 are discarded as desired, the information portion 16 and tail portion 18 can still successfully attach to wristband 36 by way of their existing overlapping relationship shown in figs. 2-4) the side tabs (fig. 1) of the tag (12) for use as a wristband (compare figs. 1-4, and see para. 2).
Regarding claim 4, Morehouse anticipates the information tag of claim 3, further comprising an information region (e.g. spatial areas occupied by wings 20 and 22 in fig. 4) on an inside surface (e.g. back surface 32, as shown in fig. 4 and discussed at fig. 42) of the elongate strip (16 and 18, together) for recording information about the person (fig. 4).
Regarding claim 8, Morehouse anticipates the information tag of claim 3, further comprising a removable protective cover (e.g. bottom layer 28, as discussed at para. 36) applied over (para. 36) the first adhesive (26), wherein the protective cover (28) is removed (para. 36) when the tag (12) is affixed to (figs. 3-4) a product (36).
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 10, 12-13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0204687 to Bishop (“Bishop”) in view of Morehouse.
Regarding claim 10, Bishop discloses a child carrier (e.g. child seat 90, as shown in fig. 9) comprising: i) a seat (e.g. seat panel 10, as shown in figs. 1-2 and 9, and discussed at para. 28).
Bishop does not disclose an information tag affixed to the seat (10), the information tag including an attachment portion affixing the information tag to the seat (10) and a removable elongate strip configured to form a wristband that can be secured around a wrist of a person when separated from the attachment portion; and iii) wherein the attachment portion comprises side tabs disposed on opposing sides of the elongate strip, wherein the elongate strip and side tabs are divided by perforation lines to enable the elongate strip of the tag to be torn away from the side tabs of the tag for use as a wristband.
Morehouse teaches the concept of providing an information tag (e.g. tag 12, as shown in fig. 1 and discussed at para. 35) including an attachment portion (e.g. wings/ears 20 and 22, together, as shown in fig. 1 and discussed at para. 35) and a removable (see tear lines 48, as shown in fig. 1) elongate (fig. 1) strip (e.g. identification portion 16 and strap portion 18, together, as shown in fig. 1) configured to form a wristband (compare figs. 1-4, and see para. 2) that can be secured around a wrist of a person (para. 2) when separated from (note the locations of tear lines 48 in fig. 1; also note that if wings/ears 20 and 22 are discarded as desired, the information portion 16 and tail portion 18 can still successfully attach to wristband 36 by way of their existing overlapping relationship shown in figs. 2-4) the attachment portion (20 and 22, together); and iii) wherein the attachment portion (20 and 22, together) comprises side tabs (fig. 1) disposed on opposing sides (fig. 1) of the elongate strip (16 and 18, together), wherein the elongate strip (16 and 18, together) and side tabs are divided (fig. 1) by perforation lines (e.g. tear lines 48, as shown in fig. 1 and discussed at para. 53) to enable the elongate strip (16 and 18, together) of the tag (12) to be torn away from (note the name “tear lines”; also note that if wings/ears 20 and 22 are discarded as desired, the information portion 16 and tail portion 18 can still successfully attach to wristband 36 by way of their existing overlapping relationship shown in figs. 2-4) the side tabs (fig. 1) of the tag (12) for use as a wristband (compare figs. 1-4, and see para. 2).
Given that Bishop contemplates the inclusion of a layer 16 (shown in fig. 2 and discussed at para. 37) that is suitable for forming informational labels and/or wristbands (para. 38), adhered to its seat panel 10 (fig. 2) and Morehouse teaches a tag 12 assembly designed to be adhered to another assembly as desired (e.g. wristband 36), it would have been obvious to a person of ordinary skill in the art before the effective filing date to form a Morehouse tag system 10 assembly upon Bishop’s seat panel 10, in order to provide the benefit of yielding a resultant Bishop child seat assembly providing information thereon, and permitting an ultimate attachment of said information to a child being carried therein via a wristband arrangement.
Regarding claim 12, Bishop in view of Morehouse discloses the child carrier of claim 10, wherein the tag (Morehouse 12) further comprises an adhesive (e.g. Morehouse adhesive layer 26 on back surface of identification portion 16, as shown in fig. 1) applied to a first end (e.g. left end, as shown in Morehouse fig. 1) of the strip (Morehouse 16 and 18, together) for securing (compare Morehouse figs. 1-4, and see para. 2) the elongate strip (Morehouse 16 and 18, together) around the wrist of the person (Morehouse para. 2) with the first end (aforementioned left end) overlapping (compare Morehouse figs. 1-4) a second end (e.g. right end, as shown in Morehouse fig. 1) to form the wristband (compare Morehouse figs. 1-4, and see para. 2).
Regarding claim 13, Bishop in view of Morehouse discloses the child carrier of claim 10, further comprising an information region (e.g. spatial areas occupied by Morehouse wings 20 and 22 in fig. 4) on an inside surface (e.g. Morehouse back surface 32, as shown in fig. 4 and discussed at fig. 42) of the strip (Morehouse 16 and 18, together) for recording information about the person (Morehouse fig. 4).
Regarding claim 17, Bishop in view of Morehouse discloses the combined information tag and wristband of claim 13, further comprising: i) an adhesive (e.g. Morehouse adhesive layer 26 on back surface of wings/ears 20 and 22, as shown in fig. 1 and discussed at para. 36) on the tab (Morehouse fig. 1), and ii) removable protective covers (e.g. Morehouse bottom layer 28, as discussed at para. 36) applied over (Morehouse para. 36) the adhesive (Morehouse 26) on the tab (Morehouse fig. 1), wherein the protective covers (Morehouse 28) are removed (Morehouse para. 36) when the tag (Morehouse 12) is affixed (Morehouse figs. 3-4) to a product (Morehouse 36).
Claims 22-25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2006/0267753 to Hussey et al. (“Hussey”) in view of Morehouse.
Regarding claim 22, Hussey discloses an emergency medical information system (e.g. system shown in fig. 1 and discussed at para. 52) for providing medical information (e.g. medical treatment history and medical insurance information, as discussed at para. 57) for use in an emergency (para. 57 and 87), the system (aforementioned system shown in fig. 1) comprising: i) a database (106, as shown in fig. 1 and discussed at para. 57) storing emergency medical information about a person (para. 63); ii) an information tag (e.g. assembly shown in fig. 14, including patient wristband 101) configured to be affixed to (fig. 1A) a product (e.g. bandaging shown in fig. 1A) associated with (fig. 1A) a person (e.g. patient shown in fig. 1A), the information tag (aforementioned assembly shown in fig. 14) including an attachment portion (e.g. peripheral dark areas, as shown in fig. 14) for affixing (fig. 14; note that wristband 101 may be peeled away from said peripheral dark areas) the information tag (aforementioned assembly shown in fig. 14) to the product (aforementioned bandaging) and a removable (as indicated supra, wristband 101 may be peeled away from said peripheral dark areas) elongate strip (e.g. wristband 101, as shown in figs. 1-1A and 14) configured to form a wristband (fig. 1A and para. 101) that can be secured around the person's wrist (figs. 1-1A and para. 3) when separated from (fig. 1) the attachment portion (aforementioned peripheral dark areas); iii) a barcode (e.g. bar code symbols 102, as shown in figs. 1 and 1A, and discussed at para. 52) printed on (figs. 1-1A) the removable strip (101) and encoded with emergency medical information of the person (para. 12); iv) a computing device (e.g. bar code reader 103, as shown in fig. 1 and discussed at para. 54) having an application for decoding (para. 54) the barcode (102) and accessing (fig. 1) the emergency medical information (aforementioned medical treatment history and medical insurance information) stored in (para. 57 and fig. 1) the database (106); and v) wherein the computing device (103) further comprises a display (e.g. screen, unnumbered but shown in fig. 1) to display (fig. 1) the emergency medical information (aforementioned medical treatment history and medical insurance information).
Hussey does not disclose vi) wherein the attachment portion (aforementioned peripheral dark areas) comprises a pair of side tabs extending along opposing sides of the elongate strip (101); and vii) wherein the elongate strip (101) and side tabs are divided by perforation lines to enable the elongate strip (101) of the tag (aforementioned assembly shown in fig. 14) to be torn away from the tabs of the tag (aforementioned assembly shown in fig. 14) for use as a wristband.
Morehouse teaches the concept of providing: i) an attachment portion (e.g. wings/ears 20 and 22, together, as shown in fig. 1 and discussed at para. 35) comprising a pair of side tabs (e.g. wings/ears 20 and 22, together, as shown in fig. 1 and discussed at para. 35) extending along opposing sides (fig. 1) of an elongate (fig. 1) strip (e.g. identification portion 16 and strap portion 18, together, as shown in fig. 1); and vii) wherein the elongate strip (16 and 18, together) and side tabs (20 and 22, together) are divided (fig. 1) by perforation lines (e.g. tear lines 48, as shown in fig. 1 and discussed at para. 53) to enable the elongate strip (16 and 18, together) of a tag (e.g. tag 12, as shown in fig. 1 and discussed at para. 35) to be torn away from (note the name “tear lines”) the tabs (20 and 22, together) of the tag (12) for use as a wristband (para. 2).
Given that Hussey teaches a medical information communication system employing a wristband assembly and Morehouse teaches a particular variant of wristband assembly, it would have been obvious to a person of ordinary skill in the art before the effective filing date to form the Hussey wristband 101 assembly according to the Morehouse teachings, in order to provide the benefit of yielding a resultant wristband that is more sophisticated and useful to an end-user.
Regarding claim 23, Hussey in view of Morehouse discloses the emergency medical information system of claim 22, wherein the tag (Morehouse 12) further comprises a first adhesive (e.g. Morehouse adhesive layer 26 on back surface of wings/ears 20 and 22, as shown in fig. 1 and discussed at para. 36) applied to inner surfaces (e.g. back surfaces) of the tabs (Morehouse 20 and 22, together) for affixing (Morehouse figs. 3-4) the tag (Morehouse 12) to a product (Hussey bandaging) while allowing separation (Morehouse para. 36) of the strip (Morehouse 16 and 18, together) from the tabs (Morehouse 20 and 22, together) after the tag (Morehouse 12) is affixed (Morehouse figs. 3-4) to the product (Hussey bandaging).
Regarding claim 24, Hussey in view of Morehouse discloses the emergency medical information system of claim 23, wherein the tag (Morehouse 12) further comprises a second adhesive (e.g. Morehouse adhesive layer 26 on back surface of identification portion 16, as shown in fig. 1) applied to a first end (e.g. left end, as shown in Morehouse fig. 1) of the strip (Morehouse 16 and 18, together) for securing (compare Morehouse figs. 1-4, and see para. 2) the strip (Morehouse 16 and 18, together) around a wrist of the person (Hussey fig. 1A) with the first end (aforementioned left end) overlapping (compare Morehouse figs. 1-4) a second end (e.g. right end, as shown in Morehouse fig. 1) to form the wristband (compare Morehouse figs. 1-4, and see para. 2).
Regarding claim 25, Hussey in view of Morehouse discloses the emergency medical information system of claim 22, further comprising an information region (e.g. spatial areas occupied by Morehouse wings 20 and 22 in fig. 4) on an inside surface (e.g. Morehouse back surface 32, as shown in fig. 4 and discussed at fig. 42) of the elongate strip (Morehouse 16 and 18, together) for recording information about the person (Morehouse fig. 4).
Regarding claim 27, Hussey in view of Morehouse discloses the emergency medical information system of claim 25, further comprising removable protective covers (e.g. Morehouse bottom layer 28, as discussed at para. 36) applied over (Morehouse para. 36) the first adhesive (Morehouse 26) on the tab (Morehouse 20 and 22, together), wherein the protective covers (Morehouse 28) are removed (Morehouse para. 36) when the tag (Morehouse 12) is affixed to (Morehouse figs. 3-4) a product (aforementioned Hussey bandaging).
Response to Arguments
In response to Applicants’ plurality of amendments to the claim language, a further search of the pertinent areas of prior art was executed. The aforementioned Morehouse, Bishop and Hussey references were identified within said search. Accordingly, Applicant’s arguments 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.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637