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 .
Response to Amendment
The Amendment filed May 21, 2026 has been entered. Claims 1, 3-10 and 13-14 remain pending in the application.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nie (US 2014/0249502 A1) ("Nie") in view of Huang (US 2021/0282715 A1) (“Huang”).
Regarding claim 1, Nie discloses A protective sheet for a body attachable device detachably coupled to an adhesive layer to cover and protect the adhesive layer of the body attachable device configured to be attachable to skin of a user (Abstract and entire document, see FIG. 1-3, liner 148, [0025] - [0028], “As shown in FIGS. 1-3, according to one embodiment, the protector 140 includes a guard 144 covering the cannula 112 and the introducer needle 116, and an adhesive liner 148 covering the adhesive pad 108 and connected to the guard 144.” Liner 148 as protective sheet, which covers adhesive layer 108), the protective sheet for the body attachable device comprising:
a first section and a second section divided by a cut line disposed inside an outer edge portion of the protective sheet (FIG. 1-3 and [0028], “In addition, as shown in FIG. 3, the liner 148 has a plurality of slits 164 corresponding to the plurality of arms 160. One skilled in the art will appreciate that that the liner 148 can have a number of slits that is different from the number of arms without departing from the scope of the present invention.” liner 148 is split by cut lines 164 into at least a first section and a second section.),
a connection section connecting the first section and the second section (FIG. 1-3 and [0028] arms 160); and
an adhesive portion provided on at least one of the first section and the second section such that a separation member configured to be pullable in a direction of separating the protective sheet from the adhesive layer is adhered (FIG. 1-3 and [0025] – 0028], “The nature of the connection between the adhesive liner 148 and the guard 144 is such that removing one will also at least partially remove the other. In other words, the adhesive liner 148 and the guard 144 are operatively interrelated. Put another way, the adhesive liner 148 and the guard 144 are coupled. For example, according to one embodiment, the adhesive liner 148 and the guard 144 are joined directly to each other, for example, by an adhesive, such as a liquid instant adhesive. According to another embodiment, another element or elements can intercede between, but mechanically join the adhesive liner 148 and the guard 144. For example, double-sided tape can be used to join the adhesive liner 148 and the guard 144. As another example, a strip of paper, plastic, metal, string, or other material can be connected at one end to the adhesive liner 148 and be connected at another end to the guard 144.”);
wherein the first section and the second section are configured to be separable from the adhesive layer in a state of being connected to each other by the connection section while being sequentially separatable from the adhesive layer by the separation member (FIG. 1-3 and [0025] – 0028], “The nature of the connection between the adhesive liner 148 and the guard 144 is such that removing one will also at least partially remove the other. In other words, the adhesive liner 148 and the guard 144 are operatively interrelated. Put another way, the adhesive liner 148 and the guard 144 are coupled. For example, according to one embodiment, the adhesive liner 148 and the guard 144 are joined directly to each other, for example, by an adhesive, such as a liquid instant adhesive. According to another embodiment, another element or elements can intercede between, but mechanically join the adhesive liner 148 and the guard 144. For example, double-sided tape can be used to join the adhesive liner 148 and the guard 144. As another example, a strip of paper, plastic, metal, string, or other material can be connected at one end to the adhesive liner 148 and be connected at another end to the guard 144.”).
Nie fails to disclose the second section being arranged to surround the first section;
However, in the same field of endeavor, Huang teaches the second section being arranged to surround the first section (As shown in at least FIG. 1-6);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the connection section comprises a middle section disposed inside the second section and surrounding the first section; a first section connection portion connecting the first section and the middle section; and a middle connection portion connecting the middle section and the second section, and wherein the cut line comprises a first section cut line dividing the first section and the middle section; and a middle section cut line dividing the second section and the middle section as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 3, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, Nie fails to disclose wherein the connection section comprises a middle section disposed inside the second section and surrounding the first section; a first section connection portion connecting the first section and the middle section; and a middle connection portion connecting the middle section and the second section, and wherein the cut line comprises a first section cut line dividing the first section and the middle section; and a middle section cut line dividing the second section and the middle section.
However, in the same field of endeavor, Huang teaches wherein the connection section comprises a middle section disposed inside the second section and surrounding the first section; a first section connection portion connecting the first section and the middle section; and a middle connection portion connecting the middle section and the second section, and wherein the cut line comprises a first section cut line dividing the first section and the middle section; and a middle section cut line dividing the second section and the middle section (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the connection section comprises a middle section disposed inside the second section and surrounding the first section; a first section connection portion connecting the first section and the middle section; and a middle connection portion connecting the middle section and the second section, and wherein the cut line comprises a first section cut line dividing the first section and the middle section; and a middle section cut line dividing the second section and the middle section as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 4, Nie as modified discloses The protective sheet for the body attachable device according to claim 3, Nie fails to disclose wherein the first section cut line comprises a first section end cut portion dividing one end of the first section and the middle section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively, and wherein the middle section cut line comprises a middle end cut portion dividing one end of the middle section and the second section; and a pair of middle side cut portions extending from both end portions of the middle end cut portion toward the outer edge portion, respectively.
However, in the same field of endeavor, Huang teaches wherein the first section cut line comprises a first section end cut portion dividing one end of the first section and the middle section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively, and wherein the middle section cut line comprises a middle end cut portion dividing one end of the middle section and the second section; and a pair of middle side cut portions extending from both end portions of the middle end cut portion toward the outer edge portion, respectively (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the first section cut line comprises a first section end cut portion dividing one end of the first section and the middle section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively, and wherein the middle section cut line comprises a middle end cut portion dividing one end of the middle section and the second section; and a pair of middle side cut portions extending from both end portions of the middle end cut portion toward the outer edge portion, respectively as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 5, Nie as modified discloses The protective sheet for the body attachable device according to claim 4, Nie fails to disclose wherein the first section cut line comprises a pair of first section connection end cut portions connected to the pair of first section side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the first section connection portion, wherein the middle section cut line comprises a pair of middle section connection end cut portions connected to the pair of middle side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the middle connection portion, and wherein the pair of first section connection end cut portions and the pair of middle section connection end cut portions are formed in a curved shape.
However, in the same field of endeavor, Huang teaches wherein the first section cut line comprises a pair of first section connection end cut portions connected to the pair of first section side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the first section connection portion, wherein the middle section cut line comprises a pair of middle section connection end cut portions connected to the pair of middle side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the middle connection portion, and wherein the pair of first section connection end cut portions and the pair of middle section connection end cut portions are formed in a curved shape (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the first section cut line comprises a pair of first section connection end cut portions connected to the pair of first section side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the first section connection portion, wherein the middle section cut line comprises a pair of middle section connection end cut portions connected to the pair of middle side cut portions, respectively, to be disposed to be symmetrical to each other with respect to the middle connection portion, and wherein the pair of first section connection end cut portions and the pair of middle section connection end cut portions are formed in a curved shape as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 6, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, Nie fails to disclose wherein the cut line comprises a first section end cut portion dividing one end of the first section and the second section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively.
However, in the same field of endeavor, Huang teaches wherein the second section is arranged to surround the first section, and wherein the cut line comprises a first section end cut portion dividing one end of the first section and the second section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the second section is arranged to surround the first section, and wherein the cut line comprises a first section end cut portion dividing one end of the first section and the second section; and a pair of first section side cut portions extending from both ends of the first section end cut portion toward the outer edge portion, respectively as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 7, Nie as modified discloses The protective sheet for the body attachable device according to claim 6, Nie fails to disclose wherein the cut line comprises a cross cut portion extending from the outer edge portion toward the first section and connected to one of the pair of first section side cut portions.
However, in the same field of endeavor, Huang teaches wherein the cut line comprises a cross cut portion extending from the outer edge portion toward the first section and connected to one of the pair of first section side cut portions (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the cut line comprises a cross cut portion extending from the outer edge portion toward the first section and connected to one of the pair of first section side cut portions as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 8, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, Nie fails to disclose wherein the cut line comprises a first cut portion having a curved shape surrounding the first section, and a second cut portion connected to the first cut portion and extending to the outer edge.
However, in the same field of endeavor, Huang teaches wherein the second section is arranged to surround the first section, and wherein the cut line comprises a first cut portion having a curved shape surrounding the first section, and a second cut portion connected to the first cut portion and extending to the outer edge (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the second section is arranged to surround the first section, and wherein the cut line comprises a first cut portion having a curved shape surrounding the first section, and a second cut portion connected to the first cut portion and extending to the outer edge as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 9, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, Nie fails to disclose wherein the first section and the second section are arranged such that respective ends of the first section and the second section face each other, and the connection section is arranged to face a side of the first section and a side of the second section, and wherein the cut line comprises a main cut portion dividing the connection section into the side portion of the first section and the side portion of the second section; and a cross cut portion connected to the main cut portion by extending from the outer edge portion toward the main cut portion to divide the end of the first section and the end of the second section.
However, in the same field of endeavor, Huang teaches wherein the first section and the second section are arranged such that respective ends of the first section and the second section face each other, and the connection section is arranged to face a side of the first section and a side of the second section, and wherein the cut line comprises a main cut portion dividing the connection section into the side portion of the first section and the side portion of the second section; and a cross cut portion connected to the main cut portion by extending from the outer edge portion toward the main cut portion to divide the end of the first section and the end of the second section (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the first section and the second section are arranged such that respective ends of the first section and the second section face each other, and the connection section is arranged to face a side of the first section and a side of the second section, and wherein the cut line comprises a main cut portion dividing the connection section into the side portion of the first section and the side portion of the second section; and a cross cut portion connected to the main cut portion by extending from the outer edge portion toward the main cut portion to divide the end of the first section and the end of the second section as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 10, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, Nie fails to disclose wherein a side of the first section and a side the second section are arranged to face each other, and wherein the cut line extends from one side of the outer edge portion to the connection section to divide the side of the first section and the side of the second section.
However, in the same field of endeavor, Huang teaches wherein a side of the first section and a side the second section are arranged to face each other, and wherein the cut line extends from one side of the outer edge portion to the connection section to divide the side of the first section and the side of the second section (As shown in at least FIG. 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein a side of the first section and a side the second section are arranged to face each other, and wherein the cut line extends from one side of the outer edge portion to the connection section to divide the side of the first section and the side of the second section as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Regarding claim 13, Nie as modified discloses The protective sheet for the body attachable device according to claim 1, comprising: a protective sheet hole formed inside the outer edge portion to penetrate the protective sheet in a thickness direction so that a sensor, included in the body attachable device to be insertable into the skin of the user, passes therethrough (FIG. 13-15).
Regarding claim 14, Nie discloses A body attachable device configured to be attachable to skin of a user, the body attachable device comprising (Abstract and entire document):
a housing (FIG. 1-3, medical device including housing);
an adhesive layer provided at one side of the housing to be attachable to the skin of the user (FIG. 1-3, “adhesive pad 108”); and
a protective sheet detachably coupled to the adhesive layer to cover and protect the adhesive layer (FIG. 1-3, “adhesive pad 108”),
wherein the protective sheet comprises a first section and a second section divided by a cut line disposed inside an outer edge portion of the protective sheet (FIG. 1-3 and [0028], “In addition, as shown in FIG. 3, the liner 148 has a plurality of slits 164 corresponding to the plurality of arms 160. One skilled in the art will appreciate that that the liner 148 can have a number of slits that is different from the number of arms without departing from the scope of the present invention.” liner 148 is split by cut lines 164 into at least a first section and a second section.),
a connection section connecting the first section and the second section (FIG. 1-3 and [0028] arms 160); and
an adhesive portion provided on at least one of the first section and the second section such that a separation member configured to be pullable in a direction of separating the protective sheet from the adhesive layer is adhered (FIG. 1-3 and [0025] – 0028], “The nature of the connection between the adhesive liner 148 and the guard 144 is such that removing one will also at least partially remove the other. In other words, the adhesive liner 148 and the guard 144 are operatively interrelated. Put another way, the adhesive liner 148 and the guard 144 are coupled. For example, according to one embodiment, the adhesive liner 148 and the guard 144 are joined directly to each other, for example, by an adhesive, such as a liquid instant adhesive. According to another embodiment, another element or elements can intercede between, but mechanically join the adhesive liner 148 and the guard 144. For example, double-sided tape can be used to join the adhesive liner 148 and the guard 144. As another example, a strip of paper, plastic, metal, string, or other material can be connected at one end to the adhesive liner 148 and be connected at another end to the guard 144.”),
wherein the first section and the second section are configured to be separable from the adhesive layer in a state of being connected to each other by the connection section while being sequentially separatable from the adhesive layer by the separation member (FIG. 1-3 and [0025] – 0028], “The nature of the connection between the adhesive liner 148 and the guard 144 is such that removing one will also at least partially remove the other. In other words, the adhesive liner 148 and the guard 144 are operatively interrelated. Put another way, the adhesive liner 148 and the guard 144 are coupled. For example, according to one embodiment, the adhesive liner 148 and the guard 144 are joined directly to each other, for example, by an adhesive, such as a liquid instant adhesive. According to another embodiment, another element or elements can intercede between, but mechanically join the adhesive liner 148 and the guard 144. For example, double-sided tape can be used to join the adhesive liner 148 and the guard 144. As another example, a strip of paper, plastic, metal, string, or other material can be connected at one end to the adhesive liner 148 and be connected at another end to the guard 144.”).
Nie fails to disclose the second section being arranged to surround the first section;
However, in the same field of endeavor, Huang teaches the second section being arranged to surround the first section (As shown in at least FIG. 1-6);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the protective sheet as taught by Nie to include wherein the connection section comprises a middle section disposed inside the second section and surrounding the first section; a first section connection portion connecting the first section and the middle section; and a middle connection portion connecting the middle section and the second section, and wherein the cut line comprises a first section cut line dividing the first section and the middle section; and a middle section cut line dividing the second section and the middle section as taught by Huang to peel evenly and easily ([0007], “The peelable sheet is detachably adhered to the adhesive surface for preserving the adhesive surface and providing a supporting force for the backing, and includes an inner peelable sheet and an outer peelable sheet, wherein both sheets are relatively easily peelable off from the adhesive surface, wherein after the inner peelable sheet is peeled off, the outer peelable sheet continuously provides the supporting force for the backing to allow the backing to be easily and evenly adhered.”).
Furthermore, it would have been an obvious matter of design choice to modify Nie and Huang to include the sections and cut lines and connections as such since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sections are arranged as such, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. The specification as filed [0043], [0048 – 0049], [0063 – 0064], [0067 – 0069], [0091], etc. discussing the shape as being a changeable feature and not producing any unexpected results from a specific shape.
Response to Arguments
Applicant's arguments filed May 21, 2026 have been fully considered but they are not persuasive. With respect to the arguments regarding the 102 and 103 rejections, the arguments are not persuasive. Firstly, the arguments never state that Nie fails to disclose, “a connection section connecting the first section and the second section” but rather states Huang fails to disclose this feature. The Remarks state, “Nie fails to teach any structural linkage that guides a sequential peeling path through a physical connection section to prevent tearing during removal.” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., structural linkage that guides a sequential peeling path through a physical connection section to prevent tearing during removal) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The rejections states that the feature, “a connection section connecting the first section and the second section” is disclosed by Nie (FIG. 1-3 and [0028] arms 160). The Remarks are combining the rejections and incorrectly arguing which reference is relied upon for which feature. The Remarks argue that Nie fails to disclose “wherein the first section and the second section are configured to be separable from the adhesive layer in a state of being connected to each other by the connection section while being sequentially separatable from the adhesive layer by the separation member” However, see FIG. 1-3 and [0025] – 0028], “The nature of the connection between the adhesive liner 148 and the guard 144 is such that removing one will also at least partially remove the other. In other words, the adhesive liner 148 and the guard 144 are operatively interrelated. Put another way, the adhesive liner 148 and the guard 144 are coupled. For example, according to one embodiment, the adhesive liner 148 and the guard 144 are joined directly to each other, for example, by an adhesive, such as a liquid instant adhesive. According to another embodiment, another element or elements can intercede between, but mechanically join the adhesive liner 148 and the guard 144. For example, double-sided tape can be used to join the adhesive liner 148 and the guard 144. As another example, a strip of paper, plastic, metal, string, or other material can be connected at one end to the adhesive liner 148 and be connected at another end to the guard 144.” Removing one section results in the connection section then removing the second section as well, sequentially. Thus, the arguments are not persuasive.
The Remarks argue that Nie fails to disclose, “the second section being arranged to surround the first section”. This is correct, as the rejection has identified this and relies upon the teachings of Huang for this feature. As is shown in FIG. 1-6 of Huang, there are first and section sections, the first sections surrounded by the second sections, as shown, see at least 121/122/123/124/125/126 in FIG. 1. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Thus, the arguments are not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gyrn (US-20110152778-A1) and Golenberg et al. (US-20220370012-A1) both additionally disclose first and section sections and connection sections allowing sequential separation based on the connection sections and the first and section sections connections to each other and the separation states.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
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/JOSEPH A TOMBERS/ Examiner, Art Unit 3791
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