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 of Group I, claims 1-11, in the reply filed on May 12, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 12, 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/25/2025 has been considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Vynckt et al. (EP 4033474).
Regarding claim 1, Van Vynckt et al. teaches a label (10; wash-off label) comprising a base layer (11; sheet) with a rear side (12) to which an adhesive layer (13) is applied with a first zone (1) and a second zone (2) ([0042], Figs. 1A-1D). The adhesive layer may be formed as a continuous adhesive layer with a first adhesive force, where the first adhesive force is selectively reduced by providing a neutralizing substance (deadener material) in the second zones ([0062]-[0063]). As shown in Fig. 1B, the adhesive layer (13) is arranged between the base layer (11) and the neutralizing substance forming the second zones (2).
Van Vynckt et al. further teaches various distributions of first and second zones in Figs. 2-12, where several of the illustrated embodiments, including Figs. 3E and 7A, have the second zone (2) formed as an outer ring and as a plurality of internal channels [0065].
Regarding claim 2, Van Vynckt et al. teaches all of the limitations of claim 1 above and further teaches that the neutralizing substance (deadener material) may be a UV-cured ink applied on the adhesive layer as an ink layer (varnish) [0063].
Regarding claims 3 and 4, Van Vynckt et al. teaches all of the limitations of claim 1 above. As shown in the embodiment illustrated in Figs. 3E and 7A, the neutralizing substance (deadener material) is arranged in a honeycomb pattern such that there are a plurality of adhesive areas delimited by the outer ring and the internal channels.
Regarding claim 5, Van Vynckt et al. teaches all of the limitations of claim 1 above. As shown in the embodiment illustrated in Fig. 3E, the pattern of the second zone of the neutralizing substance is continuous without barrier from any point of the outer ring.
Regarding claim 8, Van Vynckt et al. teaches all of the limitations of claim 1 above and further teaches that the adhesive layer may be formed of an adhesive which can adhere to a surface by simply brining into contact and pressing together the neighboring surfaces [0054]. The adhesive layer may therefore comprise a pressure sensitive adhesive.
Regarding claim 9, Van Vynckt et al. teaches all of the limitations of claim 1 above and further teaches that the adhesive layer may be an adhesive with an adhesive force which decreases under the influence of a solvent or washing liquid, wherein the washing liquid can be water or hydrocarbon, alcohols, esters, and/or ketones [0053]. In the case where the adhesive is selected as one that is soluble in a hydrocarbon, alcohol, ester, or ketone solvent, the adhesive layer comprises a non-water soluble adhesive.
Regarding claim 10, Van Vynckt et al. teaches all of the limitations of claim 1 above and further teaches that the label (10) may be arranged on a carrier (30; liner) to impart additional mechanical stability thereto and to protect the adhesive layer against ambient impurities or dirt [0056]. Van Vynckt et al. further teaches a method of manufacturing a roll (62) of labels in which a carrier roller (60) supplies a base layer web (70) and a carrier layer web (72) which are separated such that the continuous adhesive layer (71) is exposed, wherein the neutralizing substance (73) is provided on the adhesive layer, and the carrier layer is placed back on the base layer for transport ([0064], Fig. 16).
Claims 1, 2, 5, and 8-11 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Maughan (US 2012/0258271).
Regarding claim 1, Maughan teaches a pressure-sensitive label (100) bound to a liner (102), wherein the label includes a facestock (101; sheet) to which an adhesive surface (103; adhesive layer) is applied ([0033], Figs. 1-4). A deadening agent (deadener material) is applied to the adhesive layer in the region (104) to reduce tack of the adhesive layer in the region so that adhesive ooze is reduced [0034]. In particular, the deadening agent may be printed on the adhesive ([0039]), such that the adhesive is arranged between the facestock and the deadening agent.
Maughan teaches that the region (104) is located around the edges of multiple labels within a sheet and in a pattern that aligns with exposed edges of any die cuts/slits formed in the facestock and/or in the liner ([0032], [0035]-[0037], Figs. 2-4). Therefore, when the label has more than one liner slit (106) formed through the liner, the deadening agent on each label forms both an outer ring and a plurality of internal channels.
Regarding claim 2, Maughan teaches all of the limitations of claim 1 above and further teaches that the deadening agent may be a commercial deadener such as a UV gloss coating ([0032]), thus corresponding to the claimed varnish.
Regarding claim 5, Maughan teaches all of the limitations of claim 1 above and further teaches that the liner slit (106) may be formed continuously from one edge of the label to an adjacent edge thereof (Fig. 3B), such that the deadening agent applied along the outer edge of the label and along the edge of the liner slits is continuous without barrier from any point of the outer ring.
Regarding claim 8, Maughan teaches all of the limitations of claim 1 above and further teaches that the adhesive may be a pressure-sensitive adhesive ([0025], [0030]).
Regarding claim 9, Maughan teaches all of the limitations of claim 1 above and further teaches that the pressure-sensitive adhesive comprises an elastomer and a tackifier, wherein the elastomer may be based on rubbers such as butyl rubber ([0044]), thus corresponding to the claimed non-water soluble adhesive.
Regarding claims 10 and 11, Maughan teaches all of the limitations of claim 1 above and further teaches that the labels may be provided in roll form with a liner, wherein the liner is a siliconized release paper located behind the adhesive ([0026]-[0027]).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Van Vynckt et al. (EP 4033474) as applied to claim 1 above.
Regarding claims 6 and 7, Van Vynckt et al. teaches all of the limitations of claim 1 above. Although Van Vynckt et al. teaches that the front side of the base layer (11) can include a printed layer (14) to improve the functionality and/or desired appearance of the label ([0056]), the reference does not expressly teach that the printed layer includes indications indicating the presence of deadener entrances.
However, Van Vynckt et al. does further teach that the label can be easily removed in a recycling process by washing the label off in a washing process using a washing liquid to dissolve and/or break down the adhesive layer so that the label can be separated from the packaging in an efficient manner [0006]. Because of the reduced adhesive force at the position of the second zones, the washing liquid has the ability there to spread more rapidly and easily over and/or through the adhesive layer, where the second zones allow the washing liquid direct access to treat the first zone ([0013]-[0014]).
It would, therefore, have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the label of Van Vynckt et al. by applying indicia on the printed layer in the form of indications which indicate the presence of the second zones (i.e., deadener entrances), in order for a user to easily locate the second zones to apply washing liquid thereto during a washing process. Moreover, it would have been obvious to one of ordinary skill in the art to form the indications using any symbol or shape suitable for indicating the location of the second zones, such as an arrow shape. With respect to aesthetic considerations such as the form of the indications, it is noted that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP 2144.04(I).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Grosskopf et al. (US 6,035,568) teaches a label (800) having a primary label (840) and secondary labels (850) separated by perforations (858), wherein each secondary label includes a face stock layer (856) coated on its undersurface with a pressure sensitive adhesive layer (854) and having indicia (853) printed on the face stock layer (col 17, Ln 17-40; Fig. 18). The lower surface of the adhesive (854) is pattern coated with adhesive deadener (852) such that a reduced portion of tacky adhesive is exposed, wherein the pattern of adhesive may be selectively chosen for the intended application (col 17, Ln 41-54; Figs. 19A-19E).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L GRUSBY whose telephone number is (571) 272-1564. The examiner can normally be reached Monday-Friday, 8:30 AM-5:30 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, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Rebecca L Grusby/Examiner, Art Unit 1785
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