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 without traverse of Group I, claims 1-6 and 8-13 in the reply filed on May 4, 2026 is acknowledged.
Claims 14-32 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 12 and 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the labels" in the 2nd line: "the color of the labels" where "the labels" define a plurality of labels that have no antecedent basis from claim 8 back to claim 1. There is insufficient antecedent basis for this limitation in the claim.
For the purposes of compact prosecution, the examiner will consider that the antecedent basis is from claim 1.
Claim 12 recites the limitation "the barcode label" in the 2nd line: "application device is configured to trigger on the object to scan the barcode label". There is insufficient antecedent basis for this limitation in the claim.
For the purposes of compact prosecution, the examiner will consider that the antecedent basis is from claim 11, which claim 12 is dependent on.
Claim 13 recites the limitation "the array of labels" in the first and second lines of the claim. There is insufficient antecedent basis for this limitation in the claim.
For the purposes of compact prosecution, the examiner with consider that the antecedent basis is from dependent claim 2 where this term is first recited (4th line).
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.
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) 1-6 and 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wippern (DE 28 09 553 A1) with machine translation in view of Roth (EP 1 857 965 B1) both IDS 08/30/2024.
Regarding Claim 1, Wippern discloses a handheld label application device (abs) comprising: a housing assembly (Figs. 1, 4 paragraph [0019] where in Fig. 4 a housing side panel is mentioned)
a print head mounted inside the housing assembly (Fig. 4 paragraph [0021] printing device – 2 are arranged on printing wheels – 5 and is mounted within the housing assembly as previously described) and configured to print on a label (Figs. 1,2 paragraph [0020] printing device -2 with which a single-line imprint – 3 can be applied to the labels – 1);
a sensor positioned inside the housing assembly (Fig. 4 paragraph [0027] sensor – 9 permanently connected to the printing unit – 2), wherein the sensor is configured to detect at least one optical attribute of a label before it is printed on by the printer (Fig. 4 paragraph [0027] stripes – 7 on the labels – 1 are scanned by a sensor – 9 where it controls a locking or signaling device in the labeling machine, which would inherently occur before the label is printed).
However, Wippern does not disclose the presence of a print head retainer disposed within the housing assembly with a printed circuit board located within it.
In the same field of endeavor, Roth discloses a hand held portable printer with RFID read/write capability (abs paragraphs [0001] ]0002] which can track RFID (radio frequency Identification) as well as barcode), a print head retainer disposed within the housing assembly (Fig.4 paragraph [0024]/Col. 10 ll. 2-4 printing system – 118; printhead – 120 comprises a part of the printing system – 118); and a printed circuit board located within the print head retainer (Fig. 5 paragraph [0028] printer printed circuit board – 143), where it would be obvious for the sensor of Wippern to be located and embedded on this circuit board as it is with the radio card of Roth (Fig. 5 paragraphs [0024] [0092] between the printed circuit boards – 141 and 143 is a radio card – 145 wherein a RFID reader/writer – 136 is configured to produce radio frequency signals at a plurality of energy levels and, thus, acts as a sensor in that it reads an RFID chip and in response writes to an RFID chip on labels. Note; the sensor of Wippern also acts as a signaling device Wippern (paragraph [0027])).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to have modified the disclosure of Wippern with the teachings of Roth whereby a handheld label application device having a print head mounted inside a housing assembly and configured to print a label and a sensor positioned inside the housing assembly and configured to detect at least one optical attribute of a label before it is printed, as disclosed by Wippern, would also include that a printed circuit board is located within a print head retainer such that a sensor is embedded on the printed circuit board (reader/writer is embedded on the printed circuit board), as suggested by Roth.
The one with ordinary skill would use this feature of a printed circuit board located within the print head retainer with the sensor embedded on the printed circuit board because this enables direct scanning by a sensor embedded on a printed circuit board such that data is received and then is selected to be printed on a label as processed through the proximate circuit board (paragraph [0027]).
Regarding Claim 2, the combination of Wippern and Roth disclose all the limitations of claim 1 and Roth further discloses that the housing assembly comprises a holder component and a flap component (Fig. 5 paragraph [0031] printer – 110 with its upper housing or frame section – 112a (flap component that opens and closes) and with lower housing or frame section – 112b (holder component)); wherein the housing assembly comprises a label roll spool detachably mounted inside the housing assembly (Fig 5 paragraph [0031] label roll – R inserted into the inside of the housing or frame – 112), and wherein the label roll spool comprises an array of labels (Fig. 4 paragraph [0025] printer – 110 mounts a roll – R of a composite web – C of record members – 124 with pressure sensitive RFID labels – L releasably adhered to a carrier web – W) with at least one optical attribute (paragraphs [0079] [0081] this is implicit as applied to labels such as RFID or barcodes); wherein the sensor is mounted to an underside of the print head retainer (See Figs 4, 5 paragraph [0025] RFID reader/writer – 136 where this component acting as a sensor appears to be mounted to an under side of the print head retainer – 118) and
wherein the device further comprises an output module mounted on the housing assembly and communicably coupled to the sensor (Figs 1, 3 paragraphs [0019 [0024] display – 44 with printer display – 144 the read data may be displayed by the microprocessor – 48 on the display – 44 and/or printed).
Regarding Claim 3, the combination of Wippern and Roth disclose all the limitations of claim 2 and Roth further discloses that the flap component is coupled to the holder component, wherein the flap component is hinged to the holder component (Fig. 5 paragraph [0031] upper housing or frame section (flap component) – 112a and its lower housing or frame section (holder component) – 112b are pivotal relatively apart).
Regarding Claim 4, the combination of Wippern and Roth disclose all the limitations of claim 2 and Roth further discloses that the device comprises a grip mounted to the housing assembly and adapted to assist switching of the flap component from a closed state to an open state of the housing assembly (Fig. 5 paragraph [0031] see latch – 155 which is held (gripped) such that the housing section (flap component) – 112a is pivotable about a pin – 153 and latched by a latch – 155).
Regarding Claims 5 and 6, the combination of Wippern and Roth disclose all the limitations of claim 1 and Wippern further discloses that the at least one optical attribute is a color of the label (Fig. 4 paragraph [0027] sensor – 9 is adapted in its spectral sensitivity range to the color of the strips – 7) and that the sensor is configured to act upon a center of labels to detect the at least one optical attribute of the labels (Fig. 4 paragraph ]0027] sensor – 9 is permanently connected to the printing unit – 2 and is located at a fixed distance from the printing types of the printing wheels – 5).
Regarding Claims 8 and 9, the combination of Wippern and Roth disclose all the limitations of claim 1 and 8, respectively, and Wippern discloses that the sensor is a color sensor, the color sensor is a photoelectric sensor and is configured to determine the color of the labels based on RGB values (Fig.4 paragraph [0027] sensor – 9 is an optoelectronic transducer controlling a locking or signaling device and is adapted in its spectral sensitivity range to the color of the strips – 7, which implicitly includes RGB values as part of the spectrum)
Regarding Claim 10, the combination of Wippern and Roth disclose all the limitations of claim 8 and Roth further discloses that the method comprises an output module, wherein the output module is a graphical user interface and/or a display (Fig. 1, paragraph [0022] the read data may be displayed by the microprocessor – 48 on the display – 44. The read data and stored data may then be combined by the microprocessor – 48 for printing).
Regarding Claim 11, the combination of Wippern and Roth disclose all the limitations of claim 10 and Roth further discloses that the method comprises a scanner for scanning a barcode attached on an object, wherein the barcode comprises a product data related to the associated object (Fig. 3 paragraph [0019] the user would actuate the trigger – 42 to operate the barcode scanner – 26 to scan a bar code – 28 on an item – 60 to be placed into the container – 64).
Regarding Claim 12, the combination of Wippern and Roth disclose all the limitations of claim 11 and Roth further discloses that the method comprises the handheld label application device is configured to trigger on the object to scan the barcode label and to dispense the labels on the object (Fig. 3 paragraph [0019] microprocessor – 48 selects data along with price and product description received from the host via the RF transceiver – 32 for printing and couples the selected data to the printing system – 18 to print the data on a label – 24. The label then may be affixed to the item – 60).
Regarding Claim 13, the combination of Wippern and Roth disclose all the limitations of claim 12 and Roth further discloses that an array of labels comprises multicolored labels (from claims 8, 9) with die cut gaps between one to another (Fig. 8 paragraph [0034] which shows a plurality of RFID labels La through Ld at a time where it appears from Figure 8 that there are die cut gaps between the labels).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE K. SWIER whose telephone number is (571)272-4598. The examiner can normally be reached M-F generally 8:30 am - 5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE K. SWIER/ Examiner, Art Unit 1748
/Abbas Rashid/ Supervisory Patent Examiner, Art Unit 1748
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