DETAILED ACTION
Response to Amendment
A response filed on 8/11/26 had been entered into the application.
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)(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 1-3, 5-8 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the publication ITT020100493 [cited by applicant].
The publication ITT020100493 teaches a transponder label 30 for a container 41 comprising: a carrier layer 1 and an RFID functional unit comprising an RFID chip 4 and an antenna structure 3a coupled thereto and coupled to the carrier layer (fig1), wherein the antenna structure comprises a first antenna section 83i,83s (fig6), a second antenna section (mirror inverted of the first antenna section) and an antenna loop 84 arranged between and coupled to the first and second antenna sections and wherein at least one of the two antenna sections comprises a first meander-shaped antenna arm 82i and a second meander-shaped antenna arm 82s, which are arranged at a predetermined distance from each other and electromagnetically coupled to each other (fig6) and wherein the first meander-shaped antenna arm 82i and the second meander-shaped antenna arm 82s are configured as separate antenna arms (the two meander-shaped antenna arms have different sizes and being separate via section 87) and are each coupled to the antenna loop 84. Since all the claimed structures are shown by the publication ITT020100493, the languages “so that a predetermined number of oscillation modes of the antenna structure is set up”, would result. The publication ITT020100493 also teaches the respective first antenna arm and the respective second antenna arm have a rectangular meander shape, each comprising a plurality of rectilinear sections of predetermined length (fig6), the respective first antenna arm and the respective second antenna arm are coupled to the inner antenna loop at different coupling points (fig6), the antenna arms with dimensions in the indicated regions are explicitly disclosed (figs1,6), the container 41 with a container body and a container closure, and the transponder label which is connected to the container body and/or the container closure, wherein the antenna structure of the RFID functional unit is formed on the carrier layer by means of etching and/or printing (p8, lines 6-11).
Claims 1, 4 and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shimada et al (US 2022/0318588 A1) [cited by applicant].
Shimada et al teach a transponder label 100 for a container 300 comprising: a carrier layer 40 and an RFID functional unit comprising an RFID chip 10 and an antenna structure 30 coupled thereto and coupled to the carrier layer, wherein the antenna structure comprises a first antenna section 30A, a second antenna 30B and an antenna loop 20 arranged between and coupled to the first and second antenna sections (fig2) and wherein at least one of the two antenna sections comprises a first meander-shaped antenna arm and a second meander-shaped antenna arm (fig2), which are arranged at a predetermined distance from each other and electromagnetically coupled to each other and wherein the first meander-shaped antenna arm and the second meander-shaped antenna arm are configured as separate antenna arms (the two meander-shaped antenna arms in fig2 of Shimada et al is similar to fig2 of application’s drawing) and are each coupled to the antenna loop 20. Since all the claimed structures are shown by Shimada et al, the languages “so that a predetermined number of oscillation modes of the antenna structure is set up” would result. Shimada et al also teach at least one of the antenna arms comprises a flat antenna part 31 at a free end (fig4), the container 300 with a container body and a container closure 301, and the transponder label which is connected to the container body and/or the container closure, wherein the antenna structure of the RFID functional unit is formed on the carrier layer by means of etching and/or printing (para55).
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 should not be negated by the manner in which the invention was made.
Claims 9-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over the publication ITT020100493/Shimada et al (US 2022/0318588 A1) [both cited by applicant].
Regarding a section length/width/distance of the antenna arms are formed or designed in coordination with the container to be labeled. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skilled in the art to provide the publication ITT020100493/Shimada et al (US 2022/0318588 A1) with a section length/width/distance of the antenna arms are formed or designed in coordination with the container to be labeled for the purpose of avoiding possible functional impairments by the container.
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). Applicants are 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 THO GIA PHAN whose telephone number is (571)272-1826. The examiner can normally be reached on M-F (8-430).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached on (571) 270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THO G PHAN/
Primary Examiner, Art Unit 2845
