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 .
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 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.
Claim(s) 53-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allen et al. (US Pub. No.: 2017/0182705 A1) and further in view of Baker et al. (US Pub. No.: 2005/0019081 A1) (hereinafter Baker).
Regarding claim 53, Allen discloses a method for decorating a substrate, comprising: transporting a portion of a carrier web along a web path to a decoration forming station (Fig. 2, RC 60A and 60B); forming a decoration on the portion of the carrier web at the decoration forming station (Fig. 2, RC 60A and 60B), the decoration comprising one or more decoration layers and an adhesive layer formed (Fig. 2, RC 28) in register with the one or more decoration layers and exposed on a surface of the decoration facing outwardly from the carrier web; transporting the decoration along the web path from the decoration forming station (Fig. 2; RC 40, 30) to an application station after forming the decoration; and applying the decoration to the substrate at the application station (Fig. 2, RC 22, 10).
Allen is silent about using a festoon to adjust a path length in a portion of the web path before the application station through which carrier web travels to allow accumulation of the carrier web within the festoon.
Baker also discloses a method for decorating a substrate. The method discloses the use of dancer arm (44), ideal guide rollers (42, 46, 48, 49, 50, 52, 54 and 50) which functions as keeping tape under tension and under control throughout the tape path (Fig. 1). Thus, the dancer arm (44) in combination with guider rollers functions as festoon.
Given the wealth of knowledge it would have been obvious to a person of ordinary skill in the art to utilize dancer arm and guide rollers (combination corresponding to festoon) as disclosed by Baker within the method for decorating a substrate as taught by Allen. The benefit of doing so would have been to apply tension and keep the tape path under control throughout the application process.
Regarding claim 54, Allen discloses comprising activating the adhesive layer of the decoration at an activation station (50B) positioned along the web path between the decoration forming station and the application station, wherein the adhesive is tacky after being activated (Fig. 2). Allen further discloses In some cases, it may be desirable for the adhesive to have a sufficiently low tack (a first level of tackiness) during the initial stage of contacting the article 10 with the transfer component 24 (or contacting the transfer component with the article) so that at least portions of the transfer material 22 may slip along the surface 12 of the article 10 in order to conform to the same without damage to the transfer material 22 or the transfer component 24 (¶0095).
Regarding claim 55, Allen discloses exposing the decoration to radiation and/or an air flow at one or more curing stations positioned along the web path between the decoration forming station and the application station (Fig. 11 and 12- notice the application of air pressure or vacuum during application).
Regarding claim 56, Allen discloses further comprising cleaning the carrier web at a cleaning station positioned along the web path after the application station (¶0062, ¶0073).
Regarding claim 57, Allen discloses applying the decoration to the substrate at the application station comprises transferring the decoration from the carrier web directly to the substrate (Fig. 2 – application of transfer material 22 from web to substrate 10).
Regarding claim 58, Allen discloses in some cases, the transfer component may be continuous. In other cases, the transfer component may be discrete element (that is, non-continuous) (¶0014). Allen discloses various modification to the transfer component (¶0014). Allen discloses carrier web is kept in tension state via constraining components (90 A and 90 B) while the substrate (10) is pushed into the tensioned web carrier (24) with transfer material (22). Allen further discloses another embodiment where vacuum or pressure is applied to web carrier during transfer process (Fig. 11, 12, 18A, 25). These process would naturally involve a non-continuous process where the web is stopped and substrate is moved toward the web via substrate transport. The benefit of doing so would have been to assure the decorative substrate is applied without wrinkles and air between substrate and decorative material.
Regarding claim 59, Allen discloses moving the substrates through the application station includes moving a substrate along the carrier web to transfer a decoration to the substrate (Fig. 2- ¶0064-¶0066).
Regarding claim 60, Allen discloses forming the decoration includes using one or more of protrusions and/or depressions on the carrier web to form a textured surface on at least a portion of the decoration formed on the carrier web (¶0086).
Regarding claim 61, Baker discloses dancer arm and guide rollers (combination corresponding to festoon) includes using the festoon to accumulate a portion of the web at a location between the decoration forming station and the application station (Fig. 1 -notice accumulation of web by dancer arm 44 and related rollers 42, 46, 48, 49, 50, 52, 54 and 58).
Regarding claim 62, Baker discloses the step of transporting the decoration along the web path includes drive roller (38), platen roller (36) and belt (40) (combination corresponding to transporting) (Fig. 2) the decoration from the decoration station (60) to the festoon.
Response to Arguments
Applicant’s arguments with respect to claim(s) 53-62 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 VISHAL I PATEL whose telephone number is (571)270-7660. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL I PATEL/Primary Examiner, Art Unit 1746