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 .
Claim Analysis
Summary of Claim 1:
An adhesive tape composition comprising
i) a fabric and
ii) an adhesive.
Drawings
The drawings are objected to because the labels and arrows in Figures 3 are blurry and the arrows in Figures 6-8 are not visible.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites “polyurethane or polyurethane resin,” however, this is redundant. Thus, the applicants are advised to rephrase the claimed “polyurethane or polyurethane resin” to “a polyurethane resin”. Appropriate correction is required.
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 1-3, 7, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carte et al. (US 5,947,917; cited in the IDS submitted on 03/08/2024; hereafter as “Carte”).
Regarding Claims 1-2, Carte teaches an adhesive tape [Abstract; Claims 1, 13], corresponding to the adhesive tape composition of Claim 1, comprising:
A nonwoven backing sheet that can be a fabric [Column 3, Lines 44-46], corresponding to the fabric of Claim 1and to the non-woven fabric of Claim 2; and
An adhesive [Claim 1], corresponding to the adhesive of Claim 1.
Regarding Claims 3 and 7, Carte further teaches:
a release liner that can be stripped off [Column 5, Lines 47-58; Column 6, Lines 13-14], corresponding the removable liner of Claim 3; and
a backing, which has a front side and back side, is coated on one surface with a self-adhesive which is protected by release liner segments [Fig. 1; Column 3, Lines 26-30], corresponding to wherein the fabric comprises a front side and a back side, wherein the adhesive extends between and interconnects the back side of the fabric and the removable liner of Claim 7.
Regarding Claims 12-16, Carte further teaches:
the adhesive tape comprises fabric [Claim 10], corresponding to the fabric of Claim 12;
the adhesive tape can be used as a medical tape for an ostomy bag appliance [Column 4, Lines 17-20; Claim 13], corresponding to the adhesive tape composition comprising a means for coupling a medical device to an occupant of Claim 12;
adhesive product comprising adhesive [Claim 1], corresponding to the adhesive of Claim 13;
wherein the adhesive product exhibits enhanced adhesive stability over the course of 4 weeks [Column 11, Lines 48-63; Table II], corresponding to wherein the means for coupling is adapted for placement on the occupant for at least 7 days without detaching of Claim 14, and corresponding to wherein the means for coupling is adapted for placement on the occupant fore least 14 days without detaching of Claim 15; and
backing, which has a front side and back side, is coated on one surface with a self-adhesive which is protected by release liner segments [Fig. 1; Column 3, Lines 26-30], corresponding to wherein the adhesive extends between and interconnects the back side of the fabric and the removable liner of Claim 16.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (CA 2680956; hereafter as “Takahashi”).
Regarding Claim 1, Takahashi teaches an adhesive tape for application to skin [Abstract; Claim 1], corresponding to an adhesive tape composition of Claim 1, comprising:
fabric [Claim 1], corresponding to the fabric of Claim 1;
adhesive layer [Claim 1], corresponding to the adhesive of Claim 1.
Regarding Claims 2-7, Takahashi further teaches:
non-woven fabric [Page 6, Lines 15-16], corresponding to the non-woven fabric of Claim 2, and wherein the two sides of the non-woven fabric correspond to the front side and back side of the fabric of Claim 7;
release liner [Claim 8], corresponding to the removable liner of Claim 3;
polyurethane resin [Page 3, Lines 13-15], thereby reading on the polyurethane resin of Claims 4-5;
acrylic copolymer [Page 8, Lines 11-13], corresponding to the additive of Claim 5, and thereby reading on the polymer of Claim 6; and
applying adhesive solution to one surface of the release liner and then attaching the adhesive surface onto one side of the fabric [Claim 8], wherein the side of the fabric with the adhesive corresponds with the back side of the fabric of Claim 7, and corresponding to wherein the adhesive extends between and interconnects the back side of the fabric and the removable liner of Claim 7.
Claims 1-2 and 8-11, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kulper et al. (US 2002/0146952 A1; cited in the IDS submitted on 03/08/2024; hereafter as “Kulper”).
Regarding Claim 1, Kulper teaches a nonwoven fabric for adhesive tape [Abstract; ¶ 0096], corresponding to an adhesive tape of Claim 1, comprising:
fabric [¶ 0017, 0096], corresponding to the fabric of Claim 1; and
bonding agent [¶ 0017], corresponding to the adhesive of Claim 1.
Regarding Claims 2 and 8-11, Kulper further teaches:
nonwoven fabric [¶ 0043], corresponding the non-woven fabric of Claim 2, and to the non-embossed fabric of Claim 8; and
embossed nonwoven fabric [¶ 0017, 0043], corresponding to the embossed portion of the fabric of Claim 8;
embossed areas of fabric with compacted nonwoven backing [¶ 0017], corresponding to the repositories of Claim 9, and wherein the compacted and non-compacted embossed area would have different thicknesses, thereby corresponding to wherein the repositories of the embossed fabric are of variable thicknesses of Claim 10;embossed fabric subsequently impregnated with a bonding agent [¶ 0017],
corresponding to wherein the adhesive is present in the one or more repositories of the embossed fabric of Claim 11.
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Carte et al. (US 5,947,917; cited in the IDS submitted on 03/08/2024; hereafter as “Carte”).
Carte teaches the adhesive tape, fabric, and adhesive of Claim 1 as set forth above and incorporated herein by reference.
However, Carte does not mention the claimed polyurethane and pigment with sufficient specificity to constitute anticipation within the meaning of 35 USC 102.
Nevertheless, Carte teaches employing a backing sheet selected from, among other things, nonwoven polyurethane, mixed in with conventional components including, inter alia, pigments (corresponding to the claimed additives), for the purposes of preparing an adhesive having improved flexibility, moisture and resistance performance during active wear (Claim 10 of Carte and see also Col. 1, lines 5-10 and Col. 5, lines 28-33). Thus, it would have been obvious to one of ordinary skill in the art to select the claimed polyurethane and pigment as the backing sheet and conventional component, with a reasonable expectation of improving the adhesive tape improved flexibility, moisture and resistance performance as suggested by Carte et al.
Claims 8-11 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Carte et al. (US 5,947,917; cited in the IDS submitted on 03/08/2024; hereafter as “Carte”) in view of Kulper et al. (US 2002/0146952 A1; cited in the IDS submitted on 03/08/2024; hereafter as “Kulper”).
Carte teaches the adhesive tape, fabric, and adhesive of Claims 1 and 12 as set forth above and incorporated herein by reference.
However, Carte does not teach the embossed fabric of Claims 8-11 and 17-20.
Kulper teaches a nonwoven fabric for adhesive tape [Abstract; ¶ 0096]. Kulper further teaches:
nonwoven fabric [¶ 0043], corresponding to the non-embossed fabric of Claims 8 and 17;
embossed nonwoven fabric [¶ 0043], corresponding to the embossed portion of the fabric of Claims 8 and 17;
embossed areas of fabric with compacted nonwoven backing [¶ 0017], corresponding to the repositories of Claims 9 and 18, and wherein the compacted and non-compacted embossed area would have different thicknesses, thereby corresponding to wherein the repositories of the embossed fabric are of variable thicknesses of Claims 10 and 19;
embossed fabric subsequently impregnated with a bonding agent [¶ 0017],
corresponding to wherein the adhesive is present in the one or more repositories of the embossed fabric of Claims 11 and 20.
Kulper offers the motivation that embossed patterns improve the traverse tearability of the fabric [¶ 0016].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the embossing of Kulper with the adhesive tape of Carte, with the motivation of improving fabric tearability, thereby arriving at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure.
Quinn et al. (US 2011/0275969) teaches a tape comprising fabric adhesive, [Abstract; Claims 1, 15].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DORIS LING whose telephone number is (571)270-3961. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARRIE LANEE REUTHER can be reached on (571)270-7026. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DORIS LING/Examiner, Art Unit 1764
/HANNAH J PAK/Primary Examiner, Art Unit 1764
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