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 .
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.
Claim(s) 1 3-6, 9, 11, 12, 14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haruhiko Nitta U.S. Patent Publication 2024/0378410 A1 (Nitta) in view of Christophe Halope U.S. Patent Publication 2007/0029391 A1 (Halope).
Regarding claim 1, Nitta discloses a liner free label (0076]), comprising: a substrate having a first side and a second side (Figure 2 Element 4 top and bottom); and an adhesive applied to a portion of the first side or the second side ([0073], Element 2b); wherein the label comprises RFID chip and antenna elements formed ([0029-0033]). Nitta does not directly disclose a radio frequency identification (RFID) inlay on the substrate, wherein the RFID inlay comprises a chip and an antenna; and an adhesive applied to a portion of the first side or the second side. Halope discloses a label comprising a radio frequency identification (RFID) inlay on the substrate, wherein the RFID inlay comprises a chip (Element 24) and an antenna (Element 10) wherein the antenna is printed with conductive ink on the first or second side of the substrate to form the RFID antenna, and wherein the RFID inlay is obtained from an OEM (method discloses the printing to be completed by such any source ([0001]).
Therefore it would have an obvious modification well known in the art before the effective filing date of the claimed invention to modify Nitta as taught by Halope to include Halope’s RFID with chip and antenna on a label printed by conductive ink. Such a modification would provide a means to keep track of the labeled contents with digital tools and printed with conductive inks.
Nitta in view of Halope discloses a system comprising an RFID chip operable to store varying amounts of data ranging from basic identification numbers to complex product information, manufacturing data, or tracking history, enabling advanced inventory management and product authentication ([0002]).
Regarding claims 3 and 14, Nitta in view of Halope discloses the liner free label wherein the adhesive is applied as a full coverage layer on the first side or the second side of the substrate (Figure 3 Element 17, Nitta).
Regarding claims 4 and 15, Nitta in view of Halope discloses the liner free label further comprises one of: a sense mark on the first side or the second side of the substrate; or no sense mark on either the first side or the second side of the substrate ([0028-0031], Nitta).
Regarding claim 5, Nitta in view of Halope discloses the liner free label wherein the RFID inlay is configured to be the sense mark ([0028-0031], Nitta in view of Halope printing ink).
Regarding claim 6, Nitta in view of Halope discloses the liner free label wherein the RFID inlay is embedded under flood coated adhesive or patched adhesive on the first side or the second side of the substrate (Figure 3 Element 14, Nitta).
Regarding claim 9, Nitta in view of Halope discloses the liner free label wherein the antenna comprises a combination of a printed antenna and a foil antenna ([0030, 0069, 0104], Nitta).
Regarding claim 11, Nitta in view of Halope discloses the liner free label comprising the label with an RFID inlay having a chip and antenna (0060-0069, Nitta). Ri Nitta in view of Halope does not directly disclose an OEM wherein the RFID inlay is applied to the OEM label, however, discloses the application of the RFID inlay onto the form of the base label ([0017-0021], Nitta). It would be obvious to perform the application of the RFID inlay to an OEM label as taught in Nitta. Such a modification would provide a means to enhance features of the label to bear information readable by RFID readers.
Regarding claims 12 and 19, Nitta discloses a liner free label, comprising: a substrate having a first side and a second side (Figure 3 Element 1; [0076]); and an adhesive (Element 17) applied to a portion of the first side or the second side ([Figure 3); wherein the RFID antenna is formed by transferring a conductive foil on the first side of or the second side of the substrate roll; and wherein the RFID inlay is obtained from an OEM and inserted on the liner free label ([0100-0106]). Nitta does not directly disclose a radio frequency identification (RFID) inlay on the substrate, wherein the RFID inlay comprises a chip and an antenna; and an adhesive applied to a portion of the first side or the second side. Halope discloses a label comprising a radio frequency identification (RFID) inlay on the substrate, wherein the RFID inlay comprises a chip (Element 24) and an antenna (Element 10) wherein the antenna is printed with conductive ink on the first or second side of the substrate to form the RFID antenna, and wherein the RFID inlay is obtained from an OEM (method discloses the printing to be completed by such any source ([0001]).
Therefore it would have an obvious modification well known in the art before the effective filing date of the claimed invention to modify Nitta as taught by Halope to include Halope’s RFID with chip and antenna on a label printed by conductive ink. Such a modification would provide a means to keep track of the labeled contents with digital tools and printed with conductive inks.
Nitta in view of Halope discloses a system comprising an RFID chip operable to store varying amounts of data ranging from basic identification numbers to complex product information, manufacturing data, or tracking history, enabling advanced inventory management and product authentication ([0002], Nitta).
Nitta in view of Halope disclose the labels to be in the form of a roll (Figure 6, Nitta).
Regarding claim 17, Nitta in view of Halope discloses the roll of liner free labels wherein adjacent liner free labels in the roll are separated by perforations (Figure 6 [0067], Nitta).
Regarding claims 18 and 20, Nitta in view of Halope discloses the roll of liner free labels wherein the RFID inlay of each liner free label is embedded within the adhesive of the first or second side of the substrate (Figure 3, Nitta).
Claim(s) 2, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haruhiko Nitta U.S. Patent Publication 2024/0378410 A1 (Nitta) in view of Christophe Halope U.S. Patent Publication 2007/0029391 A1 (Halope) in view of Tommi Forslund et al. U.S. Patent Publication 2016/0125286 A1 (Forslund).
Regarding claims 2, 13, and 15, Nitta in view of Halope discloses the liner free label comprising adhesive (Figure 6 [0076], Nitta). Nitta in view of Halope does not directly disclose the adhesive to be patterned. Forslund discloses a label wherein the adhesive is applied in a pattern on the first side of the substrate (Element 2 [0042]).
Therefore it would have been an obvious modification well known in the art before the effective filing date of the claimed invention to modify Nitta in view of Halope as taught by Forslund to include Forslund’s patterned adhesive. Such a modification would provide a means to selective adhere areas on the label the subject that is labeled.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Haruhiko Nitta U.S. Patent Publication 2024/0378410 A1 (Nitta) discloses a liner less version of the label that bears antenna and chip on a label that is also in a roll form. Nitta discloses the RFID elements to be provided with foil and printing.
Christophe Halope U.S. Patent Publication 2007/0029391 A1 (Halope) discloses in detail printing the antenna and chip with conductive material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SHIN H KIM/Primary Examiner, Art Unit 3636
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