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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1 – 7, in the reply filed on march 16, 2026 is acknowledged.
Claims 8 – 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 16, 2026.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 contains the abbreviation “IC”, which is not spelled out. Abbreviations may have more than one meaning. IC could stand for integrated circuit, international company, information center or internal combustion. The meaning of the abbreviation needs to be written and may be followed by the abbreviation in paratheses. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kawase et al. (USPGPub 2014/0340198 A1).
Kawase et al. discloses opening detection sheet to be attached to a packaging material (Figures; Abstract), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a slit (Figure 30, the metal layer of 14a and b); an IC mounted on the metal layer so as to cover at least a portion of the slit and being for communicating with an external device (Figure 30, #12); an insulating layer disposed on an opposite side from the IC with respect to the metal layer (Figure 1, the top resin film of #14a and b); 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 material (Figure 30, the top adhesive layer) as in claim 1.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Kawase et al. (USPGPub 2014/0340198 A1) in view of Kancsar et al. (USPGPub 2005/0145531 A1).
Kawase et al. discloses opening detection sheet to be attached to a packaging material (Figures; Abstract), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a slit (Figure 30, the metal layer of 14a and b); an IC mounted on the metal layer so as to cover at least a portion of the slit and being for communicating with an external device (Figure 30, #12); an insulating layer disposed on an opposite side from the IC with respect to the metal layer (Figure 1, the top resin film of #14a and b); 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 material (Figure 30, the top adhesive layer). Kawase et al. also discloses a second adhesive layer (Figure 30, the bottom adhesive layer). However, Kawase et al. 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, and 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. 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 Kawase et al. 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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kawase et al. (USPGPub 2014/0340198 A1) in view of Sakama (USPGPub 2008/0252462 A1).
Kawase et al. discloses opening detection sheet to be attached to a packaging material (Figures; Abstract), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a slit (Figure 30, the metal layer of 14a and b); an IC mounted on the metal layer so as to cover at least a portion of the slit and being for communicating with an external device (Figure 30, #12); an insulating layer disposed on an opposite side from the IC with respect to the metal layer (Figure 1, the top resin film of #14a and b); 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 material (Figure 30, the top adhesive layer). Kawase et al. also discloses a second adhesive layer (Figure 30, the bottom adhesive layer). However, Kawase et al. 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 Sakama.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kawase et al. (USPGPub 2014/0340198 A1) 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.
Kawase et al. discloses opening detection sheet to be attached to a packaging material (Figures; Abstract), the opening detection sheet comprising: a metal layer being releasable from the packaging material and including a slit (Figure 30, the metal layer of 14a and b); an IC mounted on the metal layer so as to cover at least a portion of the slit and being for communicating with an external device (Figure 30, #12); an insulating layer disposed on an opposite side from the IC with respect to the metal layer (Figure 1, the top resin film of #14a and b); 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 material (Figure 30, the top adhesive layer). Kawase et al. also discloses a second adhesive layer (Figure 30, the bottom adhesive layer). 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 Kawase et al. in order to protect an adhesive prior to attaching the sheet to a package surface as taught by Tanaka.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 April 4, 2026
Prosecution Insights