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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Application Status
This is a first action on the merits following applicant’s response to a restriction/election requirement mailed on 26 November 2025. A preliminary amendment was filed on 12 January 2026 canceling claims 1-15 and adding claims 16-32.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 January 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of the invention of Group I (product claims 16-25) in the reply filed on 12 January 2026 is acknowledged. Claims 26-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Drawings
The drawings received on 06 January 2024 are acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) Reference in Dependent Forms. — Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of a previous claim. Applicant is required to cancel the claim, or amend the claim to place the claim in proper dependent form, or rewrite the claim in independent form.
Claim 19 requires that the thick mixed layer regions are formed by the layer deposited during anti-slip coating, and the thin mixed layer regions are formed by the layer deposited during anti-adherent coating. However, claim 16, upon which claim 19 depends, already recites that the anti-slip coating has a minimum thickness of 4 microns and that the anti-adherent coating has a maximum thickness of 3 microns. Thus, claim 19 does not include any additional limitations to further limit claim 16. Any art which reads on claim 16 necessarily also reads on claim 19.
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.
Claims 16, 18-22, 24, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calhoun (U.S. Pat. 5,273,805).
Regarding claims 16 and 19, Calhoun discloses a flexible carrier web used as the backing of a pressure-sensitive adhesive layer which includes one face having a predetermined pattern consisting of at least one flat area and at least one recess having a base and walls, with a layer of silicone on the land and/or base of the recess while the walls of the recesses are substantially free of silicone. See abstract and description at col. 6, lines 20-62. Figure 2, reproduced below, is exemplary.
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In FIG. 2, layer 21 is the flexible plastic backing and layer 28 is the adhesive layer. Layer 21 is forms with truncated pyramidal recesses as shown and described at col. 6, lines 34-42. Silicone layer 22 is formed on the flat tops and flat recessed surfaces but is absent from the angled walls of the pyramids.
In Example 1, a 125 g/m2 kraft paper core is coated on each side with 36 g/m2 of low density polyethylene which is thermally embossed to have 26 recesses or dimples per centimeter, or 676 recesses per square centimeter. The polyethylene reads on the anti-slip coating layer 21 as it has a textured surface which necessarily increases the frictional coefficient of the surface and thus reads on an anti-slip coating. Layer 28 reads on the claimed adhesive layer, and layer 22 reads on the anti-adherent coating.
As seen visually in FIG. 2, the anti-slip recesses cover an area between 5-80% of the area of the front face as claimed. See also Example 1 having 676 recesses per square centimeter. Each recess is a cone with 0.15 mm (0.015 cm) diameter at the surface, see col. 7, lines 1-3. The total area of recesses in 1 cm2 of the coated backing is about 12% area coverage.1 The recesses have a depth of 17 microns, which exceeds the minimum thickness of 4 microns. See col. 7, lines 1-3. The silicone layer has a thickness no more than 2 microns, preferably no more than 1 micron, see col. 4, lines 57-62, which is within the maximum thickness of 3 microns as claimed. Example 1 uses a 0.75 micron thick silicone coating, see col. 7, lines 3-10. The silicone provides a release function and thus is an anti-adherent coating, see col. 3, lines 46-58 and col. 7, lines 11-26.
Regarding claim 18, although Calhoun does not specify the product between a coverage rate of the first coating (the anti-slip coating) and its thickness, this can be calculated from the dimensions provided. Example 1 uses a 17 micron thick coating and the areal coverage is about 12 %, see col. 6, line 65 to col. 7, line 3 and the sample calculation in regards to claim 16. This product is 17 × 0.119 or 2.02 which is within the claimed range of 2 and 30.
Regarding claim 20, Calhoun teaches forming the recesses in an orderly pattern such as a hexagonal or square array, see col. 6, lines 20-33. This reads on the checkerboard pattern or pattern of parallel strips as claimed.
Regarding claim 21, Calhoun teaches that the recesses have a depth of 17 microns, reading on the anti-slip coating being 17 microns thick, see Example 1 at col. 7, lines 1-3. This is within the claimed range.
Regarding claim 22, Calhoun teaches that the top and recessed surfaces are flat, see abstract and FIG. 2.
Regarding claim 24, Example 1 of Calhoun uses a silicone material which is 100% solids (and thus solvent-free) including a crossliking catalyst and is crosslinked by UV light, see col. 7, lines 1-10. This reads on a solvent-free silicone composition which crosslinks under an effect of a catalyst as claimed.
Regarding claim 25, Example 1 of Calhoun uses a 125 g/m2 kraft paper core is coated on each side with 36 g/m2 of low density polyethylene which is thermally embossed to have 26 recesses or dimples per centimeter, or 676 recesses per square centimeter. The recesses have a depth of 17 microns, see col. 7, lines 1-3. Thus the effective anti-slip composition coating is that which has a depth of 17 microns and is formed of low density polyethylene, a material with a density of approximately 0.90 to 0.95 g/cm3. The basis weight of such a coating is approximately 15.3-16.2 g/m2 which is within the claimed range.
Allowable Subject Matter
Claims 17 and 23 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 an examiner's statement of the reasons for allowance:
The base claim is claim 17.
The present claims are deemed allowable over the references since the references do not disclose or render obvious a mixed layer having a combination of an anti-slip coating with a static and/or kinetic coefficient of friction greater than or equal to 0.5 and an anti-adherent composition used with an adhesive tape.
While Calhoun (U.S. Pat. 5,273,805) discloses an adhesive sheet with a mixed layer of polyethylene and silicone release coating composition as described in the rejection above in regards to claim 16, these materials are low friction components and each has a coefficient of friction of about 0.25 or less. Thus the mixed layer will not have a coefficient of friction of 0.5 or greater as claimed. Calhoun does teach that the adhesion of the release layer is 32 N/m, which is about 32.6 grams-force per centimeter which is within the claimed range, see Example 1.
Claim 23 is also indicated as allowable as Calhoun uses a polyethylene layer as the textured, anti-slip coating rather than a silicone-based composition as claimed.
Prior Art of Record
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Panhans (U.S. Pub. 2021/0246335) describes a carrier having an adhesive side and a release coated side which is locally deactivated such that there is a different adhesion to the release layer in these different regions. The reference is cumulative.
Terada (U.S. Pub. 2020/0353714) describes a textured sheet having layers of different heights on one side of an adhesive sheet. No release / anti-adherent coating is described.
Ramirez (U.S. Pub. 2014/0079900) describes adhesive grips for sports equipment having raised, textured anti-slip components on a flexible film. No release or anti-adherent coating is described.
Calkins (U.S. Pub. 2013/0236691) describes a non-slip surface covering having a grid of perforations to provide a textured, non-slip surface. However, the surface covering is specified to be non-adhesive and thus no adhesive layer is present or desired.
Chang (U.S. Pub. 2012/0094051) describes an elastomeric grip tape with a textured surface opposite an adhesive surface. No release coating or anti-adherent coating is described.
Haas (U.S. Pub. 2004/0224113) describes an anti-slip tape having a surface with a non-abrasive, anti-slip coating on the opposite side of a carrier from an adhesive layer. No release coating or anti-adherent coating is described.
Sanchez (U.S. Pat. 6,015,615) describes a silicone release composition for a linerless label which is formed opposite from an adhesive layer on a carrier. The silicone release composition has particles embedded in the surface which provide for a textured surface. However, the particles are specified to have a low coefficient of friction so that the label can pass easily across a thermal printhead.
Conclusion
Claims 16, 18-22, 24, and 25 are rejected. Claims 17 and 23 are objected to.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott R. Walshon whose telephone number is (571)270-5592. The examiner can normally be reached Mon-Fri from 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached on (571) 272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Scott R. Walshon/ Primary Examiner, Art Unit 1759
1 The area of one circle is π × its radius squared. Thus the total area of 676 such recesses in 1 cm2 is 676 × π × (0.015 cm / 2) 2, or 0.119 cm2 which is about 12% area coverage.