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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated June 10, 2026.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 § 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 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elliot (GB 2484660 A).
Elliot discloses an opening detection sheet to be attached to a packaging material including storing portions storing objects (Figures; Page 1, line 5 to Page 2, line 11), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a plurality of slits (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23); a plurality of integrated circuits (ICs) (Page 5, lines 16 to Page 6, line 3; Page 16 line 23 to Page 17, line 14), each mounted on the metal layer so as to cover at least a portion of each slit of the plurality of the slits and being for communicating with an external device (Figure 4, #24; Page 6, lines 5 – 31); an insulating layer disposed on an opposite side from the plurality of ICs with respect to the metal layer (Page 9, lines 4 – 25; Page 25, lines 25 - 29, wherein the barrier layer is equivalent to the insulation layer; and a first adhesive layer bonded to the insulating layer on an opposite side from the metal layer so as to be bonded to the packaging (Page 8, lines 27 – 29), wherein each of the slits and each of the ICs are provided for each of the storing portions (Figures), and each of the slits has a plan view shape that extends along at least a portion of an outer edge of the corresponding storing portion (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23) as in claim 1. With respect to claim 2, a second adhesive layer that has adhesive force greater than adhesive force of the first adhesive layer and is disposed between the insulating layer and the metal layer and bonded to the insulating layer (Page 9, lines 14 – 20, wherein the layers stay adhered during removal). For claim 13, one end portion of each of the slits is configured to serve as a starting point for releasing the metal layer (Figures 3 and 4, #8).
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 2 – 5, 12, 14 and 15 rejected under 35 U.S.C. 103 as being unpatentable over Elliot (GB 2484660 A) in view of Kancsar et al. (USPGPub 2005/0145531 A1).
Elliot discloses an opening detection sheet to be attached to a packaging material including storing portions storing objects (Figures; Page 1, line 5 to Page 2, line 11), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a plurality of slits (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23); a plurality of integrated circuits (ICs) (Page 5, lines 16 to Page 6, line 3; Page 16 line 23 to Page 17, line 14), each mounted on the metal layer so as to cover at least a portion of each slit of the plurality of the slits and being for communicating with an external device (Figure 4, #24; Page 6, lines 5 – 31); an insulating layer disposed on an opposite side from the plurality of ICs with respect to the metal layer (Page 9, lines 4 – 25; Page 25, lines 25 - 29, wherein the barrier layer is equivalent to the insulation layer; and a first adhesive layer bonded to the insulating layer on an opposite side from the metal layer so as to be bonded to the packaging (Page 8, lines 27 – 29), wherein each of the slits and each of the ICs are provided for each of the storing portions (Figures), and each of the slits has a plan view shape that extends along at least a portion of an outer edge of the corresponding storing portion (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23). However, Elliot fails to disclose a second adhesive layer that has adhesive force greater than adhesive force of the first adhesive layer and is disposed between the insulating layer and the metal layer and bonded to the insulating layer, the second adhesive layer is an adhesive agent or an adhesive tape that includes acryl-based material, urethane-based material, silicon-based material, or a rubber-based material, the first adhesive layer is an adhesive agent or an adhesive tape that includes acryl-based material, urethane-based material, silicon- based material, or a rubber-based material, the adhesive force of the first adhesive layer with respect to the insulating layer is from 0.01 N/25 mm or greater and smaller than 10 N/25 mm, one end portion of each of the slits is disposed at an outer edge of the metal layer, the metal layer is configured to be released from the one end portion along the slit, and each of the slits has a J-shaped plan view shape.
Kancsar et al. teach a packaging materials (Figures; Abstract) having a second adhesive layer that has adhesive force greater than adhesive force of the first adhesive layer (Abstract), the second adhesive layer is an adhesive agent or an adhesive tape that includes acryl-based material, (Paragraph 000045), and the first adhesive layer is an adhesive agent or an adhesive tape that includes acryl-based material (Paragraph 0039) for the purpose of controlling how the package opens (Paragraph 0004 – 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second adhesive layer that has adhesive force greater than adhesive force of the first adhesive layer made with acryl-based adhesive in Elliot in order to control how the package opens as taught by Kancsar et al.
With regard to the limitation of the adhesive force of the first adhesive layer with respect to the insulating layer is from 0.01 N/25 mm or greater and smaller than 10 N/25 mm”, Kancsar et al. clearly teaches that the first adhesive layer is made from acryl-based materials (Paragraph 0039). 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 force from 0.01 N/25 mm or greater and smaller than 10 N/25 mm, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
With regard to the limitations of “one end portion of each of the slits is disposed at an outer edge of the metal layer, the metal layer is configured to be released from the one end portion along the slit, and each of the slits has a J-shaped plan view shape”, 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). Elliot discloses that the slits may take on a variety of arrangements (Page 7, line1 to Page 8, line 25). 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 the desired shape in order to get access to the stored objects.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Elliot (GB 2484660 A) in view of Sakama (USPGPub 2008/0252462 A1).
Elliot discloses an opening detection sheet to be attached to a packaging material including storing portions storing objects (Figures; Page 1, line 5 to Page 2, line 11), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a plurality of slits (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23); a plurality of integrated circuits (ICs) (Page 5, lines 16 to Page 6, line 3; Page 16 line 23 to Page 17, line 14), each mounted on the metal layer so as to cover at least a portion of each slit of the plurality of the slits and being for communicating with an external device (Figure 4, #24; Page 6, lines 5 – 31); an insulating layer disposed on an opposite side from the plurality of ICs with respect to the metal layer (Page 9, lines 4 – 25; Page 25, lines 25 - 29, wherein the barrier layer is equivalent to the insulation layer; and a first adhesive layer bonded to the insulating layer on an opposite side from the metal layer so as to be bonded to the packaging (Page 8, lines 27 – 29), wherein each of the slits and each of the ICs are provided for each of the storing portions (Figures), and each of the slits has a plan view shape that extends along at least a portion of an outer edge of the corresponding storing portion (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23). However, Elliot fails to disclose a thickness of the insulating layer is 1 mm or greater and 2 mm or smaller.
Sakama teaches a substrate having an integrated chip (Abstract; Paragraph 0002) having a thickness of the insulating layer is 1 mm or greater and 2 mm or smaller (Paragraph 0002) for the purpose of increasing the communication distance between an integrated chip and a reader (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a thickness of the insulating layer is 1 mm or greater and 2 mm or smaller in Kawase et al. in order to increase the communication distance between an integrated chip and a reader as taught by Elliot
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Elliot (GB 2484660 A) in view of Tanaka (JP 2014-176597 A).
A machine-generated translation of JP 2014-176597 A accompanied the Information Disclosure Statement dated December 1, 2023. In reciting this rejection, the examiner will cite this translation.
Elliot discloses an opening detection sheet to be attached to a packaging material including storing portions storing objects (Figures; Page 1, line 5 to Page 2, line 11), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a plurality of slits (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23); a plurality of integrated circuits (ICs) (Page 5, lines 16 to Page 6, line 3; Page 16 line 23 to Page 17, line 14), each mounted on the metal layer so as to cover at least a portion of each slit of the plurality of the slits and being for communicating with an external device (Figure 4, #24; Page 6, lines 5 – 31); an insulating layer disposed on an opposite side from the plurality of ICs with respect to the metal layer (Page 9, lines 4 – 25; Page 25, lines 25 - 29, wherein the barrier layer is equivalent to the insulation layer; and a first adhesive layer bonded to the insulating layer on an opposite side from the metal layer so as to be bonded to the packaging (Page 8, lines 27 – 29), wherein each of the slits and each of the ICs are provided for each of the storing portions (Figures), and each of the slits has a plan view shape that extends along at least a portion of an outer edge of the corresponding storing portion (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23). However, Kawase et al. fails to disclose a release paper that is disposed on an opposite side from the insulating layer with respect to the first adhesive layer and to be released from the first adhesive layer before being attached to the packaging material such that the first adhesive layer is uncovered.
Tanaka teaches a label for packaging (Abstract) having a release paper that is disposed on a first adhesive layer and to be released from the first adhesive layer before being attached to the packaging material such that the first adhesive layer is uncovered (Paragraph 0043) for the purpose of protecting an adhesive prior to attaching the sheet to a package surface (Paragraph 0043).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention a release liner in Elliot in order to protect an adhesive prior to attaching the sheet to a package surface as taught by Tanaka.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 7 and 12 – 15 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.
Please see the newly presented rejection in view of Elliot, which discloses each of the slits and each of the ICs are provided for each of the storing portions (Figures), and each of the slits has a plan view shape that extends along at least a portion of an outer edge of the corresponding storing portion (Page 8, lines 31 and 32; Figures 1 – 4, #4; Page 15, lines 8 – 23).
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 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 July 23, 2026
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