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 with traverse of group I in the reply filed on 12/17/2025 is acknowledged. The traversal is on the ground(s) that the searches would overlap. This is not found persuasive because the method claims require different steps from the product claims, such as forming, positioning etc; this changes the structure and would require a different search.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clark (US2016/0122109).
10. (original) A multi-compartmental peel/reseal package (Fig. 22) comprising:
a substrate (in the below annotated Fig. 22) forming at least a portion of a package body (Fig. 22); a plurality of circumferential slits in the substrate, each circumferential slit defining an opening cover (in the below annotated Fig. 22) corresponding to an opening (in the below annotated Fig. 22) in the package body; a label member (in the below annotated Fig. 22) is adhered to the substrate and is configured to cover the plurality of circumferential slits and seal the opening in the package body; and a selectively applied adhesive on a surface of the label member to form and a low tack area (in the below annotated Fig. 22), and the positioning of the low tack area permits peeling and release (Fig. 22) of the label member from the substrate. Clark does not specifically disclose that a high tack area where the high tack area having a greater adhesive tack value than the low tack area and the positioning of the high tack area provides attachment of the label member to the substrate (Fig. 22) and seal each of the openings in the package body. However Clark does show that the opening cover stays connected to the label when the label is peeled and that the label stays on the container when peeled. Clark also discloses permanent adhesive can be used (paragraph 0016). Therefore it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Clark by employing a high tack adhesive, in order to have a durable alternative way for the opening cover and the label to stay attached.
11. (original) The package of claim 10, wherein the adhesive is a pressure sensitive adhesive (paragraph 0086).
12. (original) The package of claim 10, wherein the selectively applied adhesive includes a modified adhesive that converted a portion of the high tack area to a low tack area (Fig. 22).
13. (original) The package of claim 12, wherein the modified adhesive in the low tack area includes a deadening additive (Fig. 2).
14. (original) The package of claim 10, wherein the selectively applied adhesive includes adhesive applied to pre-selected areas of the label member forming the high tack area and the low tack area (paragraph 0016).
15. (original) The package of claim 10, wherein the selectively applied adhesive includes selectively a first adhesive composition forming the high tack area and a second adhesive composition forming the low tack area (paragraph 0016).
16. (original) The package of claim 10, wherein the tack value of the low tack area and the tack value of the high tack area vary by at least 1% to permit the label member to peel and reseal (this occurs when the reference has been modified).
17. (original) The package of claim 10, wherein the circumferential slits are die cut openings in the substrate. Clark DIFFERS in that it does not disclose the openings are die cut. However, die cut openings are old and well known. Therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Clark by employing such, in order to have an alternative sturdy way that the opening are made.
18. (original) The package of claim 10, wherein the label member lifts the opening covers upon disengagement of the label member from the substrate (Fig. 22).
19. (original) A multi-compartmental peel/reseal label member (cover in Fig. 22) for packaging comprising: a label member (in the below annotated Fig. 22) configured to cover the plurality of circumferential slits and seal the opening (in the below annotated Fig. 22) in the package body when adhered to the substrate (in the below annotated Fig. 22); and a selectively applied adhesive on a surface of the label member to form a low tack area (in the below annotated Fig. 22), and the positioning of the low tack area permits peeling and release of the label member from the substrate. Clark does not specifically disclose that a high tack area where the high tack area having a greater adhesive tack value than the low tack area and the positioning of the high tack area provides attachment of the label member to the substrate (Fig. 22) and seal each of the openings in the package body. However Clark does show that the opening cover stays connected to the label when the label is peeled and that the label stays on the container when peeled. Clark also discloses permanent adhesive can be used (paragraph 0016). Therefore it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Clark by employing a high tack adhesive, in order to have a durable alternative way for the opening cover and the label to stay attached.
20. (original) The label member according to claim 19, wherein the tack value of the low tack area and the tack value of the high tack area vary by at least 1% to permit the label member to peel and reseal (this occurs when the reference has been modifed.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736