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 .
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated August 6, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 12 and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitations of claim 12 have been amended into claim 2. The limitations of claim 16 have been amended into claim 13. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 9, 11, 13 – 17 of U.S. Patent No. 12,260,784 to Livingston. Although the claims at issue are not identical, they are not patentably distinct from each other because they both are directed towards tamper-evident label and liner-label combinations.
Livingston discloses tamper-evident label, comprising: a top portion of a label substrate defined by first die cuts in the label substrate; a bottom portion of the label substrate defined by second die cuts in the label substrate; and a middle portion of the label substrate under the top portion and above the bottom portion, wherein the first die cuts and the second die cuts collectively comprise three discontinuous die cuts in the label substrate, two of the three discontinuous die cuts extending diagonally from opposite sides of a tab of the middle portion to opposite side edges of the label substrate and another of the three discontinuous die cuts extending across the label substrate between the middle portion and the bottom portion, and wherein a liner-substrate portion corresponding to the middle portion is defined by third die cuts in a liner substrate; wherein the tamper-evident label is adapted to be separated from the liner substrate as a single unit with the middle portion comprising a corresponding portion of the liner label substrate remaining attached to a backside of the middle portion, the corresponding portion of the liner substrate separating from surrounding portions of the liner substrate along the third die cuts and leaving an opening in the liner substrate; wherein the tamper-evident label is adapted to be adhered to opposing sides of an item via backsides of the top portion and the bottom portion with the middle portion covering over an opening of the item to seal the opening; wherein the middle portion is adapted to be separated from the top portion and the bottom portion along the three discontinuous die cuts while the top portion and the bottom portion remain adhered to the opposing sides of the item to provide evidence that the opening was exposed and to provide access to the opening of the item (Claims 1, 2, 9 and 13) as in claim 2. With respect to claim 3, the tamper-evident label includes at least one tab that is flared up permitting the at least one tab to be grasped and pulled upward to remove the middle portion when the tamper-evident label remains adhered to the item via the top portion and the bottom portion (Claims 1 and 13). Regarding claim 4, the item is a beverage cup with a lid having the opening (Claim 14). For claim 5, the item is a food container (Claim 14). In claim 6, the item is a confidential file (Claim 14). With regarding claim 7, the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion (Claims 1 and 13). As in claim 8, the print coating or the image coating is a thermal coating (Claims 1 and 13). With respect to claim 9, the print coating or the image coating is a coating that permits dot matrix printing or label printing (Claims 1 and 13). Regarding claim 10, an adhesive on the backsides of the top portion and the bottom portion is a microsphere adhesive (Claims 1 and 13). For claim 11, the microsphere adhesive is adapted to adhere to wet surfaces (Claims 1 and 13). In claim 12, the middle portion includes a tab situated at a top center of the middle portion for adhesive free removal of the middle portion from the opening of the item (Claims 11 and 15). Livingston further disclose a liner-label combination comprising a label substrate with first die cuts that define a top portion, a middle portion, and a bottom portion, wherein the first die cuts comprise three discontinuous die cuts in the label substrate, two of the three discontinuous die cuts extending diagonally from opposite sides of a tab of the middle portion to opposite side edges of the label substrate and another of the three discontinuous die cuts extending across the label substrate between the middle portion and the bottom portion; and a liner substrate with second die cuts that correspond to the middle portion, the second die cuts defining a corresponding liner-substrate portion that is separable from surrounding portions of the liner substrate; wherein the top portion, the middle portion, and the bottom portion are adapted to be separated from the liner substrate as a single unit representing a tamper evident label with the middle portion comprising the corresponding liner-substrate portion remaining attached to a backside of the middle portion, and with an opening remaining in the liner substrate from separation of the corresponding liner-substrate portion; wherein the middle portion of the tamper evident label are adapted to be placed over and cover an opening of an item with the top portion and the bottom portion adhered to opposing sides of the item; wherein the middle portion is adapted to be separated from the top portion and the bottom portion along the three discontinuous die cuts while the top portion and the bottom portion remain adhered to the opposing sides of the item when peeled away from the opening, thereby providing evidence that the opening was exposed and providing access to the opening (Claims 1, 9 and 13) as in claim 13. With respect to claim 14, the liner-label combination includes at least one tab that is flared up permitting the at least one tab to be grasped and pulled upward to remove the middle portion when the liner-label combination is adhered to the item via the top portion and the bottom portion (Claim 13). Regarding claim 15, the first die cuts include a first side die cut that extends from a center bottom of the top portion diagonally to a first bottom side of the top portion and a second side die cut that extends from a center bottom of the top portion diagonally to a second side bottom of the top portion (Claim 6 and 17). For claim 16, the first die cuts comprise three separate die cuts within the label substrate, wherein the three separate die cuts are discontinuous die cuts from one another (Claim 9). With regard to claim 17, a front side of the liner substrate includes a release coating in areas corresponding to the top portion and the bottom portion but not in other areas corresponding to the middle portion (Claim 5). As in claim 18, the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion, wherein the print coating or the image coating is a thermal coating or a coating that permits dot matrix printing or label printing (Claims 1 and 13). With respect to claim 19, an adhesive on backsides of the top portion and the bottom portion is a microsphere adhesive that is adapted to adhere to wet surfaces (Claims 1 and 13). Livingston also discloses a tamper-evident label, comprising a label substrate having a top portion, a middle portion, and a bottom portion, the label substrate including three discontinuous die cuts, two of the three discontinuous die cuts extending diagonally from opposite sides of a tab of the middle portion to opposite side edges of the label substrate and another of the three discontinuous die cuts extending across the label substrate between the middle portion and the bottom portion; wherein the top portion and the bottom portion include adhesive on backsides thereof; wherein the middle portion includes a liner substrate portion attached to a backside thereof, the liner substrate portion being adhesive free, the liner substrate portion having been separated along liner-substrate die cuts from surrounding portions of a liner substrate when the tamper-evident label was removed from the liner substrate as a single unit, such that an opening corresponding to the liner substrate portion remains in the liner substrate; wherein the tamper-evident label is configured to be placed over an opening of an item with the middle portion covering the opening and the top portion and the bottom portion adhered to opposing sides of the item; wherein the middle portion is configured to be separated from the top portion and the bottom portion along the three discontinuous die cuts in the label substrate when the middle portion is removed from the opening, while the top portion and the bottom portion remain adhered to the opposing sides of the item, thereby providing evidence that the opening was exposed (Claims 1, 2, 9 and 13) as in claim 20. With respect to claim 21, the bottom portion includes a tab situated at a bottom corner of the bottom portion for adhesive free removal of the label substrate from a liner substrate (Claim 16).
Claims 2 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6, 7, and 14 of U.S. Patent No. 12,283,206 to Livingston in view of U.S. Patent No. 12, 260,784 to Livingston. Although the claims at issue are not identical, they are not patentably distinct from each other because they both are directed towards tamper-evident label and liner-label combinations.
Livingston discloses a tamper-evident label, comprising: a top portion of a label substrate defined by first die cuts in the label substrate; a bottom portion of the label substrate defined by second die cuts in the label substrate; and a middle portion of the label substrate under the top portion and above the bottom portion, wherein the middle portion defined by third die cuts in a liner substrate; wherein the tamper-evident label adapted to be separated from the liner substrate as a single unit with the middle portion comprising a corresponding portion of the label substrate remaining attached to a backside of the middle portion; wherein the tamper-evident label adapted to be adhered to sides of an item via backsides of the top portion and the bottom portion with the middle portion over an opening for the item to seal the opening; wherein the middle portion is adapted to be separated from the top portion and the bottom portion to provide evidence that the opening was exposed and to provide access to the opening of the item (Claims 1 and 7) as in claim 2. With respect to claim 3, the tamper-evident label includes at least one tab that is flared up permitting the at least one tab to be grabbed pulled up and removal of the middle portion when the tamper-evident label remains adhered to the item via the top portion and the bottom portion (Claims 1, 3 and 7). Regarding claim 4, the item is a beverage cup with a lid having the opening (Claims 1 and 7). For claim 5, the item is a food container (Claims 1 and 7). With regarding claim 7, the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion (Claims 1 and 7). As in claim 8, the print coating or the image coating is a thermal coating (Claim 6). Livingston further disclose a liner-label combination, comprising: a label substrate with first die cuts that define a top portion, a middle portion, and a bottom portion; and a liner substrate with second die cuts that correspond to the middle portion; wherein the top portion, the middle portion, and the bottom portion adapted to be separated from the liner substrate as a single unit representing a tamper evident label with the middle portion comprising a corresponding liner substrate remaining attached to a backside of the middle portion; wherein the middle portion of the tamper evident label adapted to be placed over an opening of an item with the top portion and the bottom portion adhered to sides of the item; wherein the middle portion is adapted to be separated from the top portion and bottom portion when peeled away from the opening providing evidence that the opening was exposed and providing access to the opening (Claims 1 and 7) as in claim 13. With respect to claim 14, the liner-label combination includes at least one tab that is flared up permitting the at least one tab to be grabbed pulled up and removal of the middle portion when the liner-label combination is adhered to the item via the top portion and the bottom portion (Claims 1, 3 and 7). With regard to claim 17, a front side of the liner substrate includes a release coating in areas corresponding to the top portion and the bottom portion but not in other areas corresponding to the middle portion (Claim 7). Livingston also discloses a tamper-evident label, comprising: a label substrate having a top portion, a middle portion, and a bottom portion; wherein the top portion and the bottom portion include adhesive on backsides thereof; wherein the middle portion includes a liner substrate portion attached to a backside thereof, the liner substrate portion being adhesive free; wherein the tamper-evident label is configured to be placed over an opening of an item with the middle portion covering the opening and the top portion and bottom portion adhered to sides of the item; wherein the middle portion is configured to be separated from the top portion and the bottom portion along die cuts in the label substrate when the middle portion is removed from the opening, providing evidence that the opening was exposed (Claims 1 and 7) as in claim 20. With respect to claim 21, the bottom portion includes a tab situated at a bottom corner of the bottom portion for adhesive free removal of the label substrate from a liner substrate (Claim 14). However, Livingston (‘206) fails to disclose the item is a confidential file, the print coating or the image coating is a particular coating that permits dot matrix printing or label printing, an adhesive on the backsides of the top portion and the bottom portion is a microsphere adhesive, the microsphere adhesive is adapted to adhere to wet surfaces, the middle portion includes a tab situated at a top center of the middle portion for adhesive free removal of the middle portion from the opening of the item, the first die cuts include a first side die cut that extends from a center bottom of the top portion diagonally to a first bottom side of the top portion and a second side die cut that extends from a center bottom of the top portion diagonally to a second side bottom of the top portion, the first die cuts comprise three separate die cuts within the label substrate, wherein the three separate die cuts are discontinuous die cuts from one another, the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion, wherein the print coating or the image coating is a thermal coating or a particular coating that permits dot matrix printing or label printing, and an adhesive on backsides of the top portion and the bottom portion is a microsphere adhesive that is adapted to adhere to wet surfaces.
Livingston (‘784) teaches a tamper-evident label, comprising: a top portion of a label substrate defined by first die cuts in the label substrate; a bottom portion of the label substrate defined by second die cuts in the label substrate; and a middle portion of the label substrate under the top portion and above the bottom portion, wherein the middle portion defined by third die cuts in a liner substrate; wherein the tamper-evident label adapted to be separated from the liner substrate as a single unit with the middle portion comprising a corresponding portion of the label substrate remaining attached to a backside of the middle portion; wherein the tamper-evident label adapted to be adhered to sides of an item via backsides of the top portion and the bottom portion with the middle portion over an opening for the item to seal the opening; wherein the middle portion is adapted to be separated from the top portion and the bottom portion to provide evidence that the opening was exposed and to provide access to the opening of the item (Claims 1 and 13), the item is a confidential file (Claim 14), the print coating or the image coating is a particular coating that permits dot matrix printing or label printing (Claims 1 and 13), an adhesive on the backsides of the top portion and the bottom portion is a microsphere adhesive (Claims 1 and 13), the microsphere adhesive is adapted to adhere to wet surfaces (Claims 1 and 13), the middle portion includes a tab situated at a top center of the middle portion for adhesive free removal of the middle portion from the opening of the item (Claim 11), the first die cuts include a first side die cut that extends from a center bottom of the top portion diagonally to a first bottom side of the top portion and a second side die cut that extends from a center bottom of the top portion diagonally to a second side bottom of the top portion (Claim 6), the first die cuts comprise three separate die cuts within the label substrate, wherein the three separate die cuts are discontinuous die cuts from one another (Claim 9), the label substrate further includes a print coating or an image coating on a front side of the top portion (Claim 13), the middle portion, and the bottom portion, wherein the print coating or the image coating is a thermal coating or a particular coating that permits dot matrix printing or label printing (Claims 1 and 13), and an adhesive on backsides of the top portion and the bottom portion is a microsphere adhesive that is adapted to adhere to wet surfaces (Claims 1 and 13) for the purpose forming a tamper-evident label that can protect an article (Claims 1, 13, and 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have microsphere adhesive and tab in Livingston (‘206) to a tamper-evident label that can protect an article as taught by Livingston (‘784).
Claims 2 – 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 – 4, 7, 10 – 13, 15, 16 and 18 of copending Application No. 19/172,089 in view of U.S. Patent No. 12, 260,784 to Livingston. Although the claims at issue are not identical, they are not patentably distinct from each other because they both are directed towards tamper-evident label and liner-label combinations.
This is a provisional nonstatutory double patenting rejection.
Application No. 19/172,089 discloses a tamper-evident label, comprising: a top portion of a label substrate defined by first die cuts in the label substrate; a bottom portion of the label substrate defined by second die cuts in the label substrate; and a middle portion of the label substrate under the top portion and above the bottom portion, wherein the middle portion defined by third die cuts in a liner substrate; wherein the tamper-evident label adapted to be separated from the liner substrate as a single unit with the middle portion comprising a corresponding portion of the label substrate remaining attached to a backside of the middle portion; wherein the tamper-evident label adapted to be adhered to sides of an item via backsides of the top portion and the bottom portion with the middle portion over an opening for the item to seal the opening; wherein the middle portion is adapted to be separated from the top portion and the bottom portion to provide evidence that the opening was exposed and to provide access to the opening of the item (Claims 2, 13, 15, 16) as in claim 2. With respect to claim 3, the tamper-evident label includes at least one tab that is flared up permitting the at least one tab to be grabbed pulled up and removal of the middle portion when the tamper-evident label remains adhered to the item via the top portion and the bottom portion (Claim 2, 10, 13, 15, 16). Regarding claim 4, the item is a beverage cup with a lid having the opening (Claims 10 and 13). For claim 5, the item is a food container (Claims 10 and 13). With regarding claim 7, the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion (Claims 7 and 18). As in claim 8, the print coating or the image coating is a thermal coating (Claims 7 and 18). Regarding claim 10, an adhesive on the backsides of the top portion and the bottom portion is a microsphere adhesive (Claim 12). For claim 11, the microsphere adhesive is adapted to adhere to wet surfaces (Claim 12). Application No. 19/172,089 further disclose a liner-label combination, comprising: a label substrate with first die cuts that define a top portion, a middle portion, and a bottom portion; and a liner substrate with second die cuts that correspond to the middle portion; wherein the top portion, the middle portion, and the bottom portion adapted to be separated from the liner substrate as a single unit representing a tamper evident label with the middle portion comprising a corresponding liner substrate remaining attached to a backside of the middle portion; wherein the middle portion of the tamper evident label adapted to be placed over an opening of an item with the top portion and the bottom portion adhered to sides of the item; wherein the middle portion is adapted to be separated from the top portion and bottom portion when peeled away from the opening providing evidence that the opening was exposed and providing access to the opening (Claims 2, 10, 13, 15, 16) as in claim 13. With respect to claim 14, the liner-label combination includes at least one tab that is flared up permitting the at least one tab to be grabbed pulled up and removal of the middle portion when the liner-label combination is adhered to the item via the top portion and the bottom portion (Claims 2, 10, 13, 15, 16). Regarding claim 15, the first die cuts include a first side die cut that extends from a center bottom of the top portion diagonally to a first bottom side of the top portion and a second side die cut that extends from a center bottom of the top portion diagonally to a second side bottom of the top portion (Claims 2 – 4). As in claim 18,the label substrate further includes a print coating or an image coating on a front side of the top portion, the middle portion, and the bottom portion, wherein the print coating or the image coating is a thermal coating or a particular coating that permits dot matrix printing or label printing (Claims 7 and 18). With respect to claim 19, an adhesive on backsides of the top portion and the bottom portion is a microsphere adhesive that is adapted to adhere to wet surfaces (Claim 12). Application No. 19/172,089 also discloses a tamper-evident label, comprising: a label substrate having a top portion, a middle portion, and a bottom portion; wherein the top portion and the bottom portion include adhesive on backsides thereof; wherein the middle portion includes a liner substrate portion attached to a backside thereof, the liner substrate portion being adhesive free; wherein the tamper-evident label is configured to be placed over an opening of an item with the middle portion covering the opening and the top portion and bottom portion adhered to sides of the item; wherein the middle portion is configured to be separated from the top portion and the bottom portion along die cuts in the label substrate when the middle portion is removed from the opening, providing evidence that the opening was exposed (Claims 2, 10, 13, 15, 16) as in claim 20. With respect to claim 21, the bottom portion includes a tab situated at a bottom corner of the bottom portion for adhesive free removal of the label substrate from a liner substrate (Claim 11). However, Application No. 19/172,089 fail to disclose the item is a confidential file, the print coating or the image coating is a particular coating that permits dot matrix printing or label printing, the middle portion includes a tab situated at a top center of the middle portion for adhesive free removal of the middle portion from the opening of the item, the first die cuts comprise three separate die cuts within the label substrate, wherein the three separate die cuts are discontinuous die cuts from one another, and a front side of the liner substrate includes a release coating in areas corresponding to the top portion and the bottom portion but not in other areas corresponding to the middle portion.
Livingston (‘784) teaches a tamper-evident label, comprising: a top portion of a label substrate defined by first die cuts in the label substrate; a bottom portion of the label substrate defined by second die cuts in the label substrate; and a middle portion of the label substrate under the top portion and above the bottom portion, wherein the middle portion defined by third die cuts in a liner substrate; wherein the tamper-evident label adapted to be separated from the liner substrate as a single unit with the middle portion comprising a corresponding portion of the label substrate remaining attached to a backside of the middle portion; wherein the tamper-evident label adapted to be adhered to sides of an item via backsides of the top portion and the bottom portion with the middle portion over an opening for the item to seal the opening; wherein the middle portion is adapted to be separated from the top portion and the bottom portion to provide evidence that the opening was exposed and to provide access to the opening of the item (Claims 1 and 13), the item is a confidential file (Claim 14), the print coating or the image coating is a particular coating that permits dot matrix printing or label printing (Claims 1 and 13), an adhesive on the backsides of the top portion and the bottom portion is a microsphere adhesive (Claims 1 and 13), the microsphere adhesive is adapted to adhere to wet surfaces (Claims 1 and 13), the middle portion includes a tab situated at a top center of the middle portion for adhesive free removal of the middle portion from the opening of the item (Claim 11), the first die cuts include a first side die cut that extends from a center bottom of the top portion diagonally to a first bottom side of the top portion and a second side die cut that extends from a center bottom of the top portion diagonally to a second side bottom of the top portion (Claim 6), the first die cuts comprise three separate die cuts within the label substrate, wherein the three separate die cuts are discontinuous die cuts from one another (Claim 9), the label substrate further includes a print coating or an image coating on a front side of the top portion (Claim 13), the middle portion, and the bottom portion, wherein the print coating or the image coating is a thermal coating or a particular coating that permits dot matrix printing or label printing (Claims 1 and 13), and a front side of the liner substrate includes a release coating in areas corresponding to the top portion and the bottom portion but not in other areas corresponding to the middle portion (Claim 5) for the purpose forming a tamper-evident label that can protect an article (Claims 1, 13, and 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have microsphere adhesive and tab in Application No. 19/172,089 to a tamper-evident label that can protect an article as taught by Livingston (‘784).
Response to Arguments
Applicant's arguments filed August 6, 2026 have been fully considered but they are not persuasive. The amendments did not overcome the prior art rejections. Please see the rejections above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 August 18, 2026
Prosecution Insights