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Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated August 27, 2026.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 § 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.
(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 – 6, 8 – 11, and 14 – 19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hudson (USPN 7,246,824).
Hudson discloses a planar sealing element for application to a substrate (Figures; Abstract) comprising a backing layer (Figure 4, #29) and at least one functional layer (Figure 4, #27; Figure 6, #35), wherein the at least one functional layer is a color display layer (Column 5, 4 – 12), wherein the sealing element furthermore has an adhesive layer for attachment to the substrate (Figures 4 and 5, #26), wherein the at least one functional layer is arranged between the backing layer and the adhesive layer (Figure 4A, #27), wherein the backing layer has a surface texture (Figure 4A and B, #28) and/or the backing layer furthermore has an adhesion-controlling layer as a further functional layer so that the backing layer is at least partially detachable from the at least one functional layer in order to change the sealing element from a first state to a second state (Figure 6, #35; Figure 3; Abstract), wherein the second state is not transferrable to the first state (Figure 6, #35; Figure 3; Abstract), wherein the sealing element in the second state comprises a peeled-off layer, comprising at least the at least partially detached backing layer (Figure 4B, 5B, and 6B), and a residue, comprising at least parts of the adhesive layer and at least parts of the at least one color display layer (Figure 4B, 5B, and 6B), and wherein the backing layer is made of a translucent or transparent plastic (Figure 3B, wherein it has to be translucent to see the color layer), characterized in that the backing layer has nanostructures and/or microstructures on at least one of its surfaces (Figures 4A and 4B, #30 and 31), wherein the peeled-off layer has, in at least one area in which no or only small portions of the at least one color display layer adhere when the peeled-off layer is congruently arranged on the residue, due to a diffuse reflection by the nanostructures and/or microstructures, a different color appearance than the same area of the backing layer in the first state, in any viewing direction onto the backing layer (Figures 4A and 4B; Figure 3; Column 5, lines 27 – 49) as in claim 1. With respect to claim 2, the nanostructures and/or microstructures arranged methodically, in particular in a regular pattern, are present in at least some areas (Figure 4A and B, #30 and 31; Column 5, line 58 to Column 6, line 45). Regarding claim 3, the nanostructures and/or microstructures are embossed in a lacquer layer arranged on a surface of the backing layer (Column 5, lines 27 – 43; Figure 4A and B, #30 and 31; Column 5, line 58 to Column 6, line 45). For claim 4, that randomly arranged nanostructures and/or microstructures are present in at least some areas (Column 5, line 58 to Column 6, line 45; Claims 2 – 8). In claim 5, the nanostructures and/or microstructures have, measured in the plane of the sealing element, a size of 50 nm to 200 μm (Claim 9). With regard to claim 6, the nanostructures and/or microstructures have, measured orthogonally to the plane of the sealing element, a size of more than 50 nm (Claim 9). As in claim 8, all layers are at least translucent in a least one congruent area (Column 5, lines 4 – 12, wherein the dot pattern of the metal allows for translucent areas). With respect to claim 9, all layers are colorless in a least one congruent area (Column 5, lines 4 – 12, wherein the dot pattern of the metal allows for colorless areas). Regarding claim 10, at least one functional layer is opaque in at least one area (Column 5, lines 4 – 12, wherein the dot pattern of the metal is opaque). For claim 11, a metallic layer is part of at least one functional layer (Column 5, lines 4 – 12). In claim 14, the backing layer has nanostructures and/or microstructures on a surface facing the functional layers (Figure 4, #30 and 31). With regard to claim 15, in the first state, the nanostructures and/or microstructures of the backing layer are completely or partially pressed into the at least one color display layer in at least some areas, so that in the second state, a negative of the nanostructures and/or microstructures is recognizable in the residue (Figures). As in claim 16, that the nanostructures and/or microstructures of the backing layer are, at least in some areas, arranged in a way so that they result in a diffractive image in the second state (Figures; Abstract). With respect to claim 17, a diffractive image is recognizable in the residue (Figures; Abstract). Regarding claim 18, the sealing element furthermore comprises a second adhesion-controlling layer between the backing layer and the adhesive layer in order to release at least parts of the at least one color display layer when the backing layer is detached and to make them adhere to the backing layer (Figure 6A, #35). For claim 19, in the first state, the nanostructures and/or microstructures of the backing layer are, in at least some areas, completely or partly pressed into the one color display layer and at least one further functional layer, so that in the second state, a negative of the nanostructures and/or microstructures is recognizable in the color display layer and the at least one further functional layer of the residue (Figure 6A and 6B, #35 and 27).
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 7, 12, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hudson (USPN 7,246,824) in view of DE 20 2021 107 42.
A machine-generated translation of DE 20 2021 107 42 accompanied the office action dated June 10, 2026. In reciting this rejection, the examiner will cite this translation.
Hudson discloses a planar sealing element for application to a substrate (Figures; Abstract) comprising a backing layer (Figure 4, #29) and at least one, functional layer (Figure 4, #27; Figure 6, #35), wherein the at least one functional layer is a color display layer (Column 5, 4 – 12), wherein the sealing element furthermore has an adhesive layer for attachment to the substrate (Figures 4 and 5, #26), wherein the at least one functional layer is arranged between the backing layer and the adhesive layer (Figure 4A, #27), wherein the backing layer has a surface texture (Figure 4A and B, #28) and/or the backing layer furthermore has an adhesion-controlling layer as a further functional layer so that the backing layer is at least partially detachable from the at least one functional layer in order to change the sealing element from a first state to a second state (Figure 6, #35; Figure 3; Abstract), wherein the second state is not transferrable to the first state (Figure 6, #35; Figure 3; Abstract), wherein the sealing element in the second state comprises a peeled-off layer, comprising at least the at least partially detached backing layer (Figure 4B, 5B, and 6B), and a residue, comprising at least parts of the adhesive layer and at least parts of the at least one color display layer (Figure 4B, 5B, and 6B), and wherein the backing layer is made of a translucent or transparent plastic (Figure 3B, wherein it has to be translucent to see the color layer), characterized in that the backing layer has nanostructures and/or microstructures on at least one of its surfaces (Figures 4A and 4B, #30 and 31), wherein the peeled-off layer has, in at least one area in which no or only small portions of the at least one color display layer adhere when the peeled-off layer is congruently arranged on the residue, due to a diffuse reflection by the nanostructures and/or microstructures, a different color appearance than the same area of the backing layer in the first state, in any viewing direction onto the backing layer (Figures 4A and 4B; Figure 3; Column 5, lines 27 – 49). However, Hudson fails to disclose the backing layer a haze in the range of 30 to 100%, preferably 70 to 80%, an additional backing layer is arranged between a functional layer and the adhesive layer or between two functional layers, the backing layer has nanostructures and/or microstructures on a surface facing away from the functional layers, and the backing layer has nanostructures and/or microstructures on a surface facing away from the functional layers as well as on a surface facing the functional layers.
DE 20 2021 107 42 teaches a sealing element (Figures, Paragraph 0002) having a the backing layer a haze in the range of 30 to 100%, preferably 70 to 80% (Paragraph 0114), an additional backing layer is arranged between a functional layer and the adhesive layer or between two functional layers (Figure 2a, #33 and 34, the backing layer has nanostructures and/or microstructures on a surface facing away from the functional layers (Figure 2a, #31 and 32), and the backing layer has nanostructures and/or microstructures on a surface facing away from the functional layers as well as on a surface facing the functional layers (Figure 2a, #31 and 32) for the purpose of proving an object has been opened (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a backing with a haze between 30 and 100% along with addition layers and microstructures in Hudson in order to prove an object has been opened as taught by DE 20 2021 107 42.
Response to Arguments
Applicant's arguments filed August 13, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that “Hudson fails to disclose, expressly or inherently, at least the following limitation of claim 1: "the backing layer has nanostructures and/or microstructures on at least one of its surfaces, wherein the peeled-off layer has, in at least one area in which no or only small portions of the at least one color display layer adhere when the peeled-off layer is congruently arranged on the residue, due to a diffuse reflection by the nanostructures and/or microstructures, a different color appearance than the same area of the backing layer in the first state, in any viewing direction onto the backing layer." Hudson fails to disclose, expressly or inherently, at least the following limitation of claim 1: "the backing layer has nanostructures and/or microstructures on at least one of its surfaces, wherein the peeled-off layer has, in at least one area in which no or only small portions of the at least one color display layer adhere when the peeled-off layer is congruently arranged on the residue, due to a diffuse reflection by the nanostructures and/or microstructures, a different color appearance than the same area of the backing layer in the first state, in any viewing direction onto the backing layer.", the Examiner respectfully disagrees. Once the label is separated (Figures 4 B and 5B), the appearance of the label changes due to the presence of embossments, nanostructures and/or microstructures, allowing for portions of the metallic layer, i.e. color display layer, to be removed (Column 1, lines 54 – 64; Column 2, lines 11 – 26; Column 3, lines 19 – 28), causing a diffractive change in the label structure, allowing a hidden message to appear, for instance, the appearance of letter B in Figures 1 and 3. The changes from the letter A to the letter B occur in the same area of the label as they overlap (Figure 1). Trying to re-adhere the top layer back on the label would be infective as there is no way to re-attach the layer. Hudson clearly discloses the backing layer has nanostructures and/or microstructures on at least one of its surfaces, wherein the peeled-off layer has, in at least one area in which no or only small portions of the at least one color display layer adhere when the peeled-off layer is congruently arranged on the residue, due to a diffuse reflection by the nanostructures and/or microstructures, a different color appearance than the same area of the backing layer in the first state, in any viewing direction onto the backing layer.
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 Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 August 27, 2026
Prosecution Insights