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 § 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) 1 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Norikazu (JP 2002207984).
Norikazu discloses a smart label (see, in particular, paragraphs [0006] - [0022]) comprising a label base 2 (corresponding to the "transfer layer" of the present application), an adhesive 3 (corresponding to the "adhesive layer" of the present application), an RFID tag 10 (corresponding to the "electronic device" of the present application), and a release paper 4 (corresponding to the "peeling cover" of the present application), wherein the RFID tag 10 has an antenna pattern 14 (corresponding to the "antenna" of the present application) formed on the RFID tag base 17 and an IC chip 11 (corresponding to the "RFID chip" of the present application).
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.
Claims 2-3 and 5-20 are rejected under 35 U.S.C. 103 as being unpatentable over Norikazu (JP 2002207984) as described above.
Norikazu does not disclose the specific tacky materials, transfer layer materials or RFID materials. However, it is the examiner’s position that the specific materials recited are well known and conventional in the art and would have been obvious to employ in the smart label (and method of mounting) in order to provide the predictable result of imparting desirable physical properties of such materials into the smart label thus produced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/ Primary Examiner, Art Unit 1745
