DETAILED ACTION
This action is in response to the amendment filed on 11/21/2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 Rejections - 35 USC § 102/103
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kian et al. (U.S. Patent Application Publication 2013/0133824).
Regarding claim 1, Kian discloses a manufacturing method of a labeled article, the manufacturing method comprising: providing a label bulk roll of a continuous label body being linerless in a roll shape (continuous roll of labels 151), the continuous label body including a base material sheet (facestock 110) having a shape extending in one direction and an adhesive layer (adhesive 120) provided on a back surface of the base material sheet; a feeding step of feeding the continuous label body from the label bulk roll; a cutting step (at cutter 252) of cutting the continuous label body into individual labels; after the cutting step (cut labels are then transferred to an activation unit by way of a conveyor, a vacuum belt, or similar component), an activating step (at source 201) of completely activating the adhesive layer of a label of the individual labels; a conveying step of conveying (such as via transport belt 172) an activated label that is the label including the adhesive layer in an activated state from an activation position (at source 201) where the adhesive layer is activated to a separated position (at 143) separated from the activation position; and an affixing step of affixing the activated label to an article (176) at the separated position (Figures 1, 4, and 8 and Paragraphs 0099, 0155, and 0161).
As to the limitation in claim 1 of “a preparing step of preparing a label bulk roll formed by winding up a continuous label body being linerless into a roll shape”, the roll of labels (151) taught by Kian is unwound as shown in Figure 4. Kian teaches “Thus, a label construction can be wound in a roll form.” (Paragraph 0072) and is considered to teach a preparing step of preparing the label bulk roll (151) formed by winding up the continuous label body being linerless into a roll shape. Alternatively and in the event it is considered Kian does not necessarily anticipate the limitation the following rejection is made wherein it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the roll of labels (152) comprising the label bulk roll of the continuous label body being linerless in a roll shape as taught by Kian is provided by a preparing step of preparing the label bulk roll formed by winding up the continuous label body being linerless into a roll shape to predictably form the roll of labels as suggested by Kian in paragraph 0072.
Claim Rejections - 35 USC § 103
Claims 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kian in view of Tsukahara et al. (U.S. Patent 4,745,026).
Kian is described above in full detail.
Regarding claim 1 and as to the limitation of “a preparing step of preparing a label bulk roll formed by winding up a continuous label body being linerless into a roll shape”, the roll of labels (151) taught by Kian is unwound as shown in Figure 4. In the event it is considered Kian does not necessarily teach (or make prima facie obvious) the limitation as set forth above the following rejection is made wherein Kian teaches “The preparation of such activatable linerless label 100 is detailed, for example, in U.S. Pat. No. 4,745,026 to Tsukahara et al.” (Paragraph 0092) wherein Tsukahara teaches the label construction wound immediately after construction and stored in a wound roll-like form (Column 24, lines 14-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the roll of labels (152) comprising the label bulk roll of the continuous label body being linerless in a roll shape as taught by Kian is provided by a preparing step of preparing the label bulk roll formed by winding up the continuous label body being linerless into a roll shape to predictably form the roll of labels as suggested by Kian and Tsukahara.
Regarding claims 4-6, Kian teaches absorption can be enhanced by light-absorbing additives (Paragraph 0114) and forms of heating for activating the adhesive layer of a label include ultraviolet (UV) with appropriately matched additives that absorb in the appropriate frequency ranges (Paragraph 0114 and 0159) wherein agents for promoting energy absorption are for example incorporated into other layers such as a barrier layer (620) in addition to or instead of the adhesive layer (610) (Figure 21 and Paragraphs 0181-0185). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention each of the labels in the label bulk roll prepared in the preparing step taught by Kian as modified by Tsukahara includes an energy absorber (additive/agent) that absorbs light energy (such as UV), and in the activating step, the adhesive layer is activated by the label being irradiated with the light energy (such as UV) by each of the labels in the label bulk roll prepared in the preparing step further includes an activation promoting layer including the energy absorber, the activation promoting layer being configured to absorb the light energy and thus promote the activation of the adhesive layer wherein the activation promoting layer is provided between the base material sheet and the adhesive layer following that taught by Kian (in Paragraphs 0114, 0159, and 0181-0185) to promote energy absorption.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kian in view of Matsunaga et al. (U.S. Patent Application Publication 2019/0055043). Additionally, claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kian and Tsukahara as applied to claims 1 and 4-6 above, and further in view of Matsunaga.
Kian is described above in full detail.
Regarding claim 2, Kian does not expressly perform a special ball tack test (a special ball tack test is interpreted as that set forth in Figure 4 and paragraph 0028 of the instant specification wherein a ball with a diameter of 4/64 inches corresponds to ball No. 4, a ball with a diameter of 5/64 inches corresponds to ball No. 5, etc.), and the Office is unequipped to perform the test. Kian suggests when the continuous label body is fed out from the label bulk roll in the feeding step it has blocking-free properties wherein the adhesive layer is non-tacky (Paragraphs 0081 and 0233). Kian teaches the adhesive is activatable by ultraviolet without expressly teaching the cumulative light quantity in the activation step wherein it is known by one of ordinary skill in the art of activating adhesive (including having no adhesive force at room temperature) using ultraviolet for label adhesion to an article the cumulative light quantity to achieve the purpose is preferably equal to or larger than 800 mJ/cm2 and up to 8100 mJ/cm2 as taught by Matsunaga (Paragraphs 0114, 0121, 0298, 0299, 0302, and 0303). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the adhesive layer taught by Kian and Kian as modified by Tsukahara before activation of the adhesive layer is non-tacky and blocking-free as directed by Kian (i.e. wherein an affixing force of the adhesive layer in the label bulk roll prepared in the preparing step is equal to or less than ball No. 4 in a special ball tack test before activation of the adhesive layer such as having no affixing force to a ball) and the adhesive layer is of the type having a cumulative light quantity preferably equal to or larger than 800 mJ/cm2 and up to 8100 mJ/cm2 for predictable activation and label adhesion to an article as evidenced by Matsunaga (i.e. having affixing force to a ball and is equal to or more than ball No. 6 in the special ball tack test immediately after the activation of the adhesive layer, and is equal to or more than ball No. 5 in the special ball tack test 5 seconds after the activation of the adhesive layer as is satisfied when the accumulated amount of light exceeds 300 mJ/cm2 as shown by comparison of Examples 1 and 2 of the instant application and Comparative Examples 1-3 and including as the accumulated amount of light increases so does the affixing force of the adhesive layer).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kian in view of Matsunaga and optionally further Nedblake et al. (U.S. Patent 5,624,520). Additionally, claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kian and Tsukahara as applied to claims 1 and 4-6 above, and further in view of Matsunaga and optionally further Nedblake.
Kian is described above in full detail.
Regarding claim 3, Kian teaches as alterative to printing at the feeding step the labels are pre-printed with indicia of variable size or variable information to create a roll of pre-printed labels (Paragraph 0238). Kian further teaches the continuous label body fed out from the label bulk roll in the feeding step has blocking-free properties wherein the adhesive layer is non-tacky (Paragraphs 0081 and 0233). It is well understood by one of ordinary skill in the art in preparing a pre-printed label bulk roll comprising a plurality of pre-printed labels each label comprising a base material sheet (47) and an adhesive layer (37) provided on a back surface of the base material sheet a plurality of upper base materials (67) as printed indicia is provided on a front surface of each base material sheet and corresponding to each label, the plurality of upper base materials being aligned at intervals in one direction forming individual labels, and an overcoat layer is provided on the front surface of each base material sheet and a front surface of each upper base material of the plurality of upper base materials for protection/protective layer as evidenced by Matsunaga (Figures 17 and 18 and Paragraphs 0159, 0107, 0228-0230, and 0246) and optionally further as evidenced by Nedblake wherein the plurality of upper base materials as printed indicia provided on a front surface of the base material sheet and corresponding to each label are spaced indica including registration marks printed thereon with the plurality of upper base materials being aligned at intervals in the one direction for cutting into the individual labels (Column 2, lines 61-64 and Column 3, lines 42-50). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the continuous label body in the label bulk roll prepared in the preparing step as taught by Kian and Kian as modified by Tsukahara further includes a plurality of upper base materials as printed indicia provided on a front surface of the base material sheet and corresponding to each label, the plurality of upper base materials being aligned at intervals in the one direction (for cutting into the individual labels), and an overcoat layer provided on the front surface of the base material sheet and a front surface of each upper base material of the plurality of upper base materials to conventionally and predictably prepare the continuous label body as pre-printed with indicia of variable size or variable information to create a roll of pre-printed labels that are protected as is well understood by one of ordinary skill in the art as evidenced by Matsunaga and optionally further Nedblake with it being further obvious to one of ordinary skill in the art the adhesive layer has blocking-free properties and is non-tacky as directed by Kian (and considered a blocking value when the continuous label body is fed out from the label bulk roll in the feeding step is equal to or less than 1.0 N/15 mm such as 0 N/ 15 mm).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kian.
Kian is described above in full detail.
Regarding claims 4-6, Kian teaches absorption can be enhanced by light-absorbing additives (Paragraph 0114) and forms of heating for activating the adhesive layer of a label include UV with appropriately matched additives that absorb in the appropriate frequency ranges (Paragraph 0114 and 0159) wherein agents for promoting energy absorption are for example incorporated into other layers such as a barrier layer (620) in addition to or instead of the adhesive layer (610) (Figure 21 and Paragraphs 0181-0185). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention each of the labels in the label bulk roll prepared in the preparing step taught by Kian includes an energy absorber (additive/agent) that absorbs light energy (such as UV), and in the activating step, the adhesive layer is activated by the label being irradiated with the light energy (such as UV) by each of the labels in the label bulk roll prepared in the preparing step further includes an activation promoting layer including the energy absorber, the activation promoting layer being configured to absorb the light energy and thus promote the activation of the adhesive layer wherein the activation promoting layer is provided between the base material sheet and the adhesive layer following that taught by Kian (in Paragraphs 0114, 0159, and 0181-0185) to promote energy absorption.
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered.
In view of the amendments and remarks/arguments (including that Nedblake and Kraemer (EP 1400455) in view of Bradshaw (U.S. Patent 5,431,763) fail to teach or suggest the amended limitations/features and method steps) filed on 11/21/2025 the rejections set forth in the Office action mailed on 9/5/2025 are withdrawn (Kian as applied above expressly teaching the amended limitations and see including “The roll of labels 151 is moved on a line 152 to a printer 251 where each P&A label is printed with indicia 130 (FIG. 1) before it is cut by a cutter 252. Printed and cut P&A labels are then transferred to a thermal activation (TAM) unit, generally designated 142, typically by way of a TAM conveyor or a vacuum belt, 101a or similar component, past a NIR, Short Wave IR (SWIR) or MWIR source 201 which activates each P&A label in a fraction of a second. The activated P&A label is then transported to an applicator unit, generally designated 143, at which the activated labels are applied to products 161.” and “The preferred system also comprises a cutter 252 (FIG. 4) that cuts or otherwise forms the activatable linerless label 100 (FIG. 1) or label assemblies into desired sizes and/or shapes. Cut or sized activatable linerless labels 100 (FIG. 1) are then transported through the thermal activation unit 200 (FIG. 3) by a transport unit having a transport chain, conveyor or other suitable transport means.” see paragraphs 0099 and 0161 (Emphasis added)) it being further noted in view of the remarks/arguments the 35 U.S.C. 112 rejection set forth in the Office action is withdrawn wherein one of ordinary skill in the art would have understood the claimed special ball tack test (is a special ball tack test as set forth in Figure 4 and paragraph 0028) wherein a ball with a diameter of 4/64 inches corresponds to ball No. 4, a ball with a diameter of 5/64 inches corresponds to ball No. 5, etc. The claims as amended are fully addressed above.
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 JOHN L GOFF II whose telephone number is (571)272-1216. The examiner can normally be reached 7:30 AM - 4:00 PM EST Monday - Friday.
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746