DETAILED ACTION
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
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). 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. 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 shall 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The patents to Balmakhtar, Suligoj, Shimada, Kato and Omori are cited as of interested and illustrated a similar structure to a transponder label for a container.
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/THO G PHAN/
Primary Examiner, Art Unit 2845
Prosecution Insights