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
Claims 11-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/12/26.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 62. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
(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) 1, 4, 6, and 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sleiman(US Publication 2010/0051201A).
Sleiman discloses a device for applying labels attached to a release liner comprising shell having a feeding mechanism(41), a label stripping head(82) fixed to the shell, a roller above the stripping head(12) rotatably connected to the shell which contacts the label, a takeup spool(54) rotatably connected the shell, a drive assembly(32) which drives the takeup spool to rotate, the end of the release liner passes through a sensor assembly(76,77) and the stripping head, and is fixed to the takeup spool(Figure 3) The sensor assembly is configured to detect when a label has moved past it and signal the motor to stop driving the takeup roll.[0031] A sensor detecting when a label has moved past would detect the position of the label. The device is capable of using a roll of acousto-magnetic labels.
Regarding claim 4, the shell has a frame beside the roller with a pressing plate which abuts against the label when the roll is full.(Figure 2, the portions of the frame at 90 degrees to the boy around the edges of the frame).
Regarding claim 6, the labeler comprises a reel fixed to the shell(37) and a feed roller(41).(Figure 3) Based on the feeding of the labels, the release liner abuts the feed roller.as it is on the bottom when fed through the labeler.
Regarding claim 8, Sleiman shows an acute angle stripping plate abutting the release liner.(Figure 3)
Claim Rejections - 35 USC § 103
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sleiman as applied to claim 1 above, and further in view of Sato et al.(US Patent 4,440,592).
Sleiman does not disclose a groove on the bottom of the stripping plate. Sato et al. discloses it is known to have grooves(14) in places to direct the label web after the label has been peeled off.(Abstract, Figure 3(b)) It would have been obvious to one of ordinary skill at the time of filing to include a groove in the bottom of the stripping plate of Sleiman in order to better direct the release liner after stripping it as taught by Sato et al.(Abstract, Figure 3(b). While the reference does not explicitly state the groove is an even depth along its length so that it is parallel to the surface the groove is located in, one in the art would appreciate the groove would be an even depth so it was parallel to the surface of the stripping plate so the release liner would stay in the groove and since Sato et al. does not suggest the groove varies in depth.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sleiman as applied to claim 6 above, and further in view of Benzaquen(EP 1679260A).
Sleiman does not disclose a reel which is foxed to the shell and has a clamping sleeve attached to it. Benzaquen discloses it is known to have a rod(22) on which the roll rotates which has a clamping plate(20) attached to it, with the side close to the reel abutting the edge of the release liner(Figure 1) It would have been obvious to one of ordinary skill at the time of filing to have a fixed reel with a cover plate abutting it since Benzaquen et al .shows this is well-known and conventional in the labeling arts.(Figure 1)
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sleiman.
Regarding claim 9, Sleiman does not disclose exactly what the stripping angle is other than it is acute.(Figure 1) It would have been obvious to one of ordinary skill at the time of filing to have it less than 30 degrees since the Figures show an angle of 45 degrees or less and the determination of the exact angle is within the ability of one of ordinary skill in the art to determine absent unexpected results.
Allowable Subject Matter
Claims 2, 3, and 10 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 a statement of reasons for the indication of allowable subject matter: the prior art does not teach or reasonably suggest separate position detection and signal sending modules on either side of the clamping portion, i.e. with clamping portion between them. While Sleiman has a sensor and a clamping portion, the clamping portions appear to be to the side of the sensor and there is no separate signal sending module on the opposite side of the label strip. While Chesneaux(WO 95/06592) has a sensor(16) through which a strip runs, there is not suggestion any pressure(clamping) is applied to the strip, and there is again no separate signal sending module.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BARBARA J MUSSER whose telephone number is (571)272-1222. The examiner can normally be reached 7:30-4:30 M-Th; 7:30-3:30 second Fridays.
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BARBARA J. MUSSER
Primary Examiner
Art Unit 1746
/BARBARA J MUSSER/Primary Examiner, Art Unit 1746