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 .
Information Disclosure Statement
The information disclosure statement filed August 6, 2026 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because a copy of the Office Action for Chinese Application No. 202610229633.2, dated May 14, 2026 is not attached. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Rejections - 35 USC § 102
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.
Claims 1, 4, 9, 11, 14-15, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2009095027 to Andersen.
Regarding claim 1, Andersen teaches a strip of transparent label laminate for producing labels. The label comprising: a transparent adhesive portion (half 2 covered by an adhesive) configured for adhesion to a barrel of a syringe; an opaque printable portion (half 1 printed with one or more colours of high opacity, preferably white); and a narrow bridge (perforation 3) connecting the transparent adhesive portion (2) to the opaque printable portion (1); wherein, when the transparent adhesive portion (2) is applied to the barrel of the syringe, the narrow bridge (3) is configured to allow the opaque printable portion (1) to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion.
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Regarding claim 4, Andersen teaches the opaque printable portion (1) is laterally disposed from the transparent adhesive portion (2).
Regarding claim 9, Andersen teaches the transparent adhesive portion (2) is a different width than opaque printable portion (1).
Regarding claim 7, Andersen teaches, as best understood, the transparent adhesive portion (2) is composed of a semi-transparent material.
Regarding claim 11, Andersen teaches a strip of transparent label laminate for producing labels. The label comprising: a transparent adhesive portion (half 2 covered by an adhesive) configured for adhesion to a barrel of a syringe; an opaque printable portion (half 1 printed with one or more colours of high opacity, preferably white); and a narrow bridge (perforation 3) connecting the transparent adhesive portion (2) to the opaque printable portion (1); wherein, when the transparent adhesive portion (2) is applied to the barrel of the syringe, the narrow bridge (3) is configured to allow the opaque printable portion (1) to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion. Andersen also teaches a system for making the labels, as illustrated in Figures 2-3. The labels are transferred to a collecting reel (11) for delivery to the customer (the end user).
Regarding claim 14, Andersen teaches the opaque printable portion (1) is laterally disposed from the transparent adhesive portion (2).
Regarding claim 19, Andersen teaches the transparent adhesive portion (2) is a different width than opaque printable portion (1).
Claims 1, 4, 8, 11, 14, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2024174019 to Ambartsoumian.
Regarding claim 1, Ambartsoumian teaches a label for microcentrifuge tube and vials. The label comprising: a transparent adhesive portion (first label 10A; ¶0077) configured for adhesion to a barrel of a syringe; an opaque printable portion (second label 10B; ¶0077); and a narrow bridge (10C) connecting the transparent adhesive portion (10A) to the opaque printable portion (10B); wherein, when the transparent adhesive portion (10A) is applied to the barrel of the syringe, the narrow bridge (10C) is configured to allow the opaque printable portion (10B) to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge.
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Ambartsoumian also teaches shield portion 1(0D) may be connected to the cover label portion 10A (¶0074).
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Regarding claim 4, Ambartsoumian teaches the opaque printable portion (1) is laterally disposed from the transparent adhesive portion (2).
Regarding claim 8, Ambartsoumian teaches the transparent adhesive portion (2) is the same width as the opaque printable portion (1).
Regarding claim 11, Ambartsoumian teaches a label for microcentrifuge tube and vials. The label comprising: a transparent adhesive portion (first label 10A; ¶0077) configured for adhesion to a barrel of a syringe; an opaque printable portion (second label 10B; ¶0077); and a narrow bridge (10C) connecting the transparent adhesive portion (10A) to the opaque printable portion (10B); wherein, when the transparent adhesive portion (10A) is applied to the barrel of the syringe, the narrow bridge (10C) is configured to allow the opaque printable portion (10B) to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge. Figure 12 show a flow chart of a method for applying labels on a tube.
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Regarding claim 14, Ambartsoumian teaches the opaque printable portion (10B) is laterally disposed from the transparent adhesive portion (10A).
Regarding claim 17, Ambartsoumian teaches, as best understood, the transparent adhesive portion (10A) is a first transparency associated with a semi-transparent material.
Regarding claim 18, Ambartsoumian teaches the transparent adhesive portion (10A) is the same width as the opaque printable portion (10B).
Regarding claim 19, Ambartsoumian teaches the transparent adhesive portion (10A) is associated with a first width and the opaque printable portion (10B).
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 5-6 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2009095027 to Andersen.
Regarding claim 5, Andersen teaches an opaque printable portion (half 1). However, Andersen does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a vertical orientation on the label taught by Andersen with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Regarding claim 6, Andersen teaches an opaque printable portion (half 1). However, Andersen does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a horizontal orientation on the label taught by Andersen with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Regarding claim 15, Andersen teaches an opaque printable portion (half 1). However, Andersen does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a vertical orientation on the label taught by Andersen with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Regarding claim 16, Andersen teaches an opaque printable portion (half 1). However, Andersen does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a horizontal orientation on the label taught by Andersen with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2009095027 to Andersen .
Regarding claim 15, Ambartsoumian teaches an opaque printable portion (10B). However, Ambartsoumian does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a vertical orientation on the label taught by Ambartsoumian with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Regarding claim 16, Ambartsoumian teaches an opaque printable portion (10B). However, Andersen does not teach the orientation of the printed indicia.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct print indicia in a horizontal orientation on the label taught by Ambartsoumian with a reasonable expectation of success to provide a matter of design to facilitate view and reading the printed indicia/information.
Allowable Subject Matter
Claims 2, 3, 10, 12, 13, and 20 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.
Regarding claim 2 and 12, the prior art of record does not teach or suggest a self-flagging label, comprising: a transparent adhesive portion configured for adhesion to a barrel of a syringe; an opaque printable portion; and a narrow bridge connecting the transparent adhesive portion to the opaque printable portion in combination with the other limitations of the claim; wherein the transparent adhesive portion, the opaque printable portion, and the narrow bridge are in a C-shaped configuration.
Regarding claim 3 and 13, the prior art of record does not teach or suggest a self-flagging label, comprising: a transparent adhesive portion configured for adhesion to a barrel of a syringe; an opaque printable portion; and a narrow bridge connecting the transparent adhesive portion to the opaque printable portion in combination with the other limitations of the claim; wherein the transparent adhesive portion, the opaque printable portion, and the narrow bridge are in a backwards Z-shaped configuration.
Regarding claims 10 and 20, the prior art of record does not teach or suggest a self-flagging label, comprising: a transparent adhesive portion configured for adhesion to a barrel of a syringe; an opaque printable portion; and a narrow bridge connecting the transparent adhesive portion to the opaque printable portion in combination with the other limitations of the claim; wherein a first portion of the narrow bridge comprises transparent material, and a second portion of the narrow bridge comprises opaque material.
Response to Arguments
Applicant's arguments filed August 6, 2026 have been fully considered but they are not persuasive.
Regarding the rejection of claims Claims 1, 4, 9, and 17 as being anticipated by WO 2009095027 to Andersen, the applicant argues “Andersen does not disclose "a transparent adhesive portion configured for adhesion to a barrel of a syringe," "an opaque printable portion," and "a narrow bridge connecting the transparent adhesive portion to the opaque printable portion," "wherein, when the transparent adhesive portion is applied to the barrel of the syringe, the narrow bridge is configured to allow the opaque printable portion to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge," as claim 1 recites”. The applicant contends “Andersen is silent with respect to " a narrow bridge connecting the transparent adhesive portion to the opaque printable portion" and "the narrow bridge is configured to allow the opaque printable portion to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge," as claim 1 recites”.
The examiner disagrees.
Andersen teaches a label formed form a strip of transparent label laminate partially covered by an adhesive, characterized by the one half (1 ) being imprinted with a field for printing or writing with one or more opaque colours of high opacity, and the other half (2) being disposed with a double adhesive release liner with a permanent adhesive layer. Figure 1 clearly shows the width of the perforation 3 is smaller than the width of the top half (1) and the bottle half (3), wherein the perforation corresponds to the claimed narrow bridge. The examiner contends since Andersen teaches all of the claimed structural limitations, that the label taught by Andersen can perform the claimed functional limitations. The examiner contends the label taught by Andersen has the ability to allow the opaque printable portion (half 1) to form a hinge when the transparent adhesive portion (half 2) is applied to the barrel of the syringe.
The applicant also argues “a perforated connection is not the same as a hinged connection”. The examiner disagrees. US 4001958 Fecko is an example of perforation used a hinge (column 1,line 47-48 to column 2, line 1).
The rejection is maintained.
Regarding the rejection of claims 1, 4, and 8 as being anticipated by Ambartsoumian, the applicant argues “Ambartsoumian does not disclose "a transparent adhesive portion configured for adhesion to a barrel of a syringe," "an opaque printable portion," and "a narrow bridge connecting the transparent adhesive portion to the opaque printable portion," "wherein, when the transparent adhesive portion is applied to the barrel of the syringe, the narrow bridge is configured to allow the opaque printable portion to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge," as claim 1 recites”. The applicant argues “Ambartsoumian is silent with respect to " a narrow bridge connecting the transparent adhesive portion to the opaque printable portion" and "the narrow bridge is configured to allow the opaque printable portion to form a hinged connection to the barrel of the syringe such that graduation marks on the barrel of the syringe are unobstructed by the opaque printable portion when pulled away from the barrel of the syringe while maintaining application of the transparent adhesive portion to the barrel of the syringe using the hinged connection of the narrow bridge," as claim 1 recites (emphasis added). This is because a tear line is not the same as a hinged connection. Indeed, Ambartsoumian teaches away from a "narrow bridge" forming "a hinged connection" as Ambartsoumian describes a connection configured to separate labels.”
The examiner disagrees.
Ambartsoumian teaches a label comprising cover label portion 10A, a neck 10B, and a shield portion 10D. The cover label portion 10A is opaque and “the shield portion 10D shield portion 10D may be transparent and/or translucent, such that one can see through the shield portion 10D, for example if the shield portion 10D is positioned on top of the label 3 or on top of data printed directly onto the microscope slide 1 to laminate and protect the data on the pre-existing label 3” (¶0074). Ambartsoumian also teaches width of the neck 10B is smaller than the width of the label portion 10A and the shield portion 10D. Although not shown, Ambartsoumian teaches transparent and/or translucent shield portion 10D may be connected to the opaque cover label portion 10A.
The examiner contends since Ambartsoumian teaches all of the claimed structural limitations that the label taught by Ambartsoumian can perform the claimed functional limitation. The examiner contends the label taught by Ambartsoumian has the ability to allow the opaque cover label portion 10 to form a hinge when the transparent and/or translucent shield portion 10D is applied to the barrel of the syringe.
The applicant also argues “a perforated connection is not the same as a hinged connection”. The examiner disagrees. US 4001958 Fecko is an example of perforation used a hinge (column 1,line 47-48 to column 2, line 1).
The rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
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