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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/11/2026 has been entered.
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 1-5, 8-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Venkatasanthanam et al. (2002/0119292).
Regrading claim 1, Venkatasanthanam discloses a packaging structure (film construction 90) comprising: a protective film (non-adhesive material 93) comprising:
openings (open areas in non-adhesive material; paragraph [0139]); and a fixing strip (face layer 91) comprising: a bonding layer (adhesive layer 92) disposed on one side of the fixing strip and configured to attach the fixing strip to the protective film corresponding to the openings (Fig. 5); wherein a portion of the fixing strip covers the protective film, and another portion of the fixing strip covers the openings (Fig. 5); wherein the at least one fixing strip (91) is partially attached to the protective film (93), and through the at least one opening, partially attached to a product (Fig. 5A). Moreover, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, meets the recitation “wherein the at least one opening is located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film.”
Regarding claim 2, Venkatasanthanam discloses a plurality of openings, wherein one fixing strip (91) covers the plurality of openings (Fig. 5).
Regarding claim 4, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, encompasses the recitation “wherein a number of the at least one opening is two, the two openings are disposed respectively at two ends of the protective film, and the at least one fixing strip covers the two openings and the protective film.”
Regarding claim 5, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, meets the recitation “wherein a width of the portion of the at least one fixing strip is greater than or equal to 3 mm.”
Regarding claim 8, Venkatasanthanam discloses a packaged product comprising: a product (paragraph [0043]; target 105); and a packaging structure (90) comprising: a protective film (93), configured to wrap the product and comprising:
a plurality of openings (open areas; paragraph [0139]) corresponding to at least one region of the product (Fig. 5A); and a fixing strip (91) comprising: a bonding layer (92) disposed on one side of the fixing strip (Fig. 5) and configured to attach the fixing strip to the protective film (Fig. 5) and the product (105) corresponding to the openings (Fig. 5A); wherein a portion of fixing strip (91) covers the protective film (93), and another portion of the fixing strip (91) covers the openings of the protective film and the at least one region of the product (Fig. 5A); wherein the at least one fixing strip (91) is partially attached to the protective film (93), and through the at least one opening, partially attached to the product (Fig. 5A). Moreover, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, meets the recitation “wherein the at least one opening is located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film.”
Regarding claim 9, Venkatasanthanam discloses a plurality of openings, the at least one region of the product is plural, wherein one fixing strip (91) covers the plurality of openings and the plurality of regions (Fig. 5A).
Regarding claim 12, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, meets the recitation “wherein a width of the portion of the at least one fixing strip is greater than or equal to 3 mm.”
Second Rejection
Claims 1, 2, 4-9 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by to Nygard et al. (US 5,458,938).
Regrading claim 1, Nygard discloses a structure (mounting laminate/sheet/strip) comprising: a protective film (masking layer) comprising: openings (13, 23, 33, and 43); and a fixing strip (back layer) comprising: a bonding layer (pressure-sensitive adhesive layer) disposed on one side of the fixing strip and configured to attach the fixing strip to the protective film corresponding to the openings (Figs. 2, 4, 6, and 8); wherein a portion of the fixing strip covers the protective film, and another portion of the fixing strip covers the openings (Fig. 2, 4, 6, and 8); wherein the at least one fixing strip is partially attached to the protective film, and through the at least one opening, partially attached to a product (19; Fig. 3); wherein the at least one opening is located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film (Figs. 1, 4, 5, and 7).
Regarding claim 2, Nygard discloses a plurality of openings (13, 23, 33, and 43), wherein one fixing strip (back layer) covers the plurality of openings (Figs. 1, 4, 5, and 7).
Regarding claim 4, Nygard discloses a number of the at least one opening is two, the two openings are disposed respectively at two ends of the protective film, and the at least one fixing strip covers the two openings and the protective film (Figs. 1, 4, 5, and 7).
Regarding claim 5, Nygard discloses an imperforate border portion (12) of the masking layer has a width of at least 13 millimeters (column 3, lines 18-35). The portion of the fixing strip (back layer) covering the imperforate bordering portion (12) of the masking layer in Nygard meets the recitation “wherein a width of the portion of the at least one fixing strip is greater than or equal to 3 mm.”
Regarding claim 6, Nygard discloses discrete openings in the masking layer each have an area generally in the range of 0.316 to 3.88 square centimeters (column 2, lines 57-67 through column 3, lines 1-17). Therefore, the portions of the back layer covering openings in Nygard meet the recitation “wherein an area of the another portion of the at least one fixing strip is greater than or equal to 25 mm2.”
Regarding claim 7, Nygard discloses an imperforate border portion (12) of the masking layer has a width of at least 13 millimeters (column 3, lines 18-35), which meets the recitation “wherein a distance between an edge of the at least one opening and an edge of the protective film is greater than or equal to 3 mm.”
Regarding claim 8, Nygard discloses a packaged product comprising: a product (19); and a packaging structure (mounting laminate/sheet/strip) comprising: a protective film (masking layer), configured to wrap the product and comprising: a plurality of openings (13, 23, 33, and 43) corresponding to at least one region of the product (19; Fig. 3); and a fixing strip (back layer) comprising: a bonding layer (pressure-sensitive adhesive layer) disposed on one side of the fixing strip (Figs. 2, 6, and 8) and configured to attach the fixing strip to the protective film (Figs. 2, 6, and 8) and the product (19) corresponding to the openings (Fig. 3); wherein a portion of fixing strip (back layer) covers the protective film (masking layer), and another portion of the fixing strip (back layer) covers the openings of the protective film and the at least one region of the product (Fig. 3); wherein the at least one fixing strip (back layer) is partially attached to the protective film (masking layer), and through the at least one opening, partially attached to the product (Fig. 3); wherein the at least one opening is located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film (Figs. 1, 4, 5, and 7).
Regarding claim 9, Nygard discloses a plurality of openings (13, 23, 33, and 43), wherein one fixing strip (back layer) covers the plurality of openings and the plurality of regions.
Regarding claim 12, Nygard discloses an imperforate border portion (12) of the masking layer has a width of at least 13 millimeters (column 3, lines 18-35). The portion of the fixing strip (back layer) covering the imperforate bordering portion (12) of the masking layer in Nygard meets the recitation “wherein a width of the portion of the at least one fixing strip is greater than or equal to 3 mm.”
Regarding claim 13, Nygard discloses discrete openings in the masking layer each have an area generally in the range of 0.316 to 3.88 square centimeters (column 2, lines 57-67 through column 3, lines 1-17). Therefore, the portions of the back layer covering openings in Nygard meet the recitation “wherein an area of the another portion of the at least one fixing strip is greater than or equal to 25 mm2.”
Regarding claim 14, Nygard discloses an imperforate border portion (12) of the masking layer has a width of at least 13 millimeters (column 3, lines 18-35), which meets the recitation “wherein a distance between an edge of the at least one opening and an edge of the protective film is greater than or equal to 3 mm.”
Allowable Subject Matter
Claim 11 is 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.
Claim 15 is allowable.
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, 4-9 and 12-14 have been considered but are not persuasive. Applicant argues that Venkatasanthanam and Nygard fail to disclose “the at least one opening [] located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film” - the Office respectfully disagrees. As mentioned above, Venkatasanthanam discloses the film construction is formed as a strip or sheet (paragraph [0150]), wherein substantially only the adhesive contacting the lower surface of the face film in the valleys is covered with a non-adhesive material, the size of the valleys is selected to provide coverage by the non-adhesive material of from 40 to 80% of the total area of the adhesive layer, and in one particular embodiment, the valleys are hexagons at 20 per inch providing a coverage of non-adhesive material of from about 50 to about 60% of the total adhesive area (paragraph [0158]). The Venkatasanthanam film construction formed as a strip or sheet with the coverage of the total adhesive area based upon the spacing between the valleys of the face film, as discussed above, meets the recitation “wherein the at least one opening is located at one end of the protective film, and the at least one fixing strip covers the at least one opening and another end of the protective film.” In Nygard, figs. 1, 4, 5, and 7, the ends of the film can be interpreted to be where the openings begin and end. As such, applicant is advised to further clarify the ends of the protective film.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734