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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The clams 2, 8-9, 13 and 16-17 recitations of “corresponding” and “correspond” are unclear. In which context should the respective elements “correspond to” each other? Should they be attached to each other, or alternatively, should they be equated with each other? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claims 3 and 21 recitations of “tip-on label” are unclear. Exactly what is the nature of a “tip-on label”? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 13 recitation of “a web of label substrate comprising primary labels” is unclear, as it is unknown whether the recited “web” or “label substrate” should comprise the “primary labels”. Exactly what structure/configuration is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) Claim 13 recites the limitation "the web of label substrate corresponding to each portion" and “each portion of a corresponding primary label”.
The claim 14 recitation of “the roll is adapted to be inserted into an auto applicator machine” is unclear. Exactly what is the nature of this “auto applicator machine”? Exactly what physical structure is necessary in order to be inserted into an auto applicator machine? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 16 recitation of “wherein an auto applicator machine separates each primary label with an affixed corresponding removable label from a corresponding liner and presses a corresponding primary label onto a surface” is unclear, as it does not appear to further limit the “roll of label combinations” to which the claim is drawn. Rather, it appears to simply be an attempt to lay claim to a method of operation of an “auto applicator machine”. Exactly what is the required nature/structure of the claimed roll of label constructions? Please review/revise/clarify.
The claim 17 recitation of “wherein a corresponding liner is rewound into a waste liner roll” is unclear, as there is no earlier mention of such a liner being unwound at any point in time. Additionally, how is this “corresponding liner” related to the “web of liner substrate” mentioned in claim 13? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 18 recitation of “wherein a waste liner remains intact with no holes and with no waste liner breakage” is unclear, as it does not appear to further limit the “roll of label combinations” to which the claim is drawn. Rather, it appears to simply be an attempt to lay claim to a method of operation of a “waste liner”. Exactly what is the required nature/structure of the claimed roll of label constructions? Please review/revise/clarify.
The claims 2 and 20 recitations of “disposed over” are unclear, as it is unknown whether the respective elements must actually be attached to each other, or may merely hover above/below each other. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 4-7, 10-12, 15 and 19 are rejected as depending (directly or indirectly) from rejected independent claims 2 and 13.
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.
Claims 2-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2022/0058984 to Ambartsoumian (“Ambartsoumian”).
Regarding claim 2, Ambartsoumian anticipates a label combination (e.g. label assembly 10’, as shown in fig. 4B), comprising: i) a primary label (e.g. label support liner 450’ and intermediate liner adhesive 454’, together, as shown in fig. 4B) defined on (fig. 4B; per para. 6, 16 and 19 of Applicants’ filed specification, the “primary label” and “label substrate” are the same structure) a label substrate (450’ and 454’, together); ii) a removable (fig. 4B; note that release coating 456’ renders label facestock 300’ and facestock adhesive 304’, together, “removable”) label (e.g. facestock 300’ and facestock adhesive 304’, together, as shown in fig. 4B and discussed at para. 139) defined on (fig. 4B; per para. 19 and 42 of Applicants’ filed specification, the “removable label” and “removable label substrate” are the same structure) a removable label substrate (300’ and 304’, together); and iii) a silicone (per para. 126, release coatings may be formed from silicone) release patch (e.g. release coating 456’, as shown in fig. 4B); iv) wherein the silicone release patch (456’) is disposed on (fig. 4B) a front side (e.g. upper surface, as shown in fig. 4B) of the label substrate (450’ and 454’, together) corresponding to (fig. 4B) the primary label (450’ and 454’, together); v) wherein an adhesive (e.g. facestock adhesive 304’, as shown in fig. 4B) is disposed on (fig. 4B) a backside (e.g. lower surface, as shown in fig. 4B) of the removable label substrate (300’ and 304’, together) corresponding to (fig. 4B) the removable label (300’ and 304’, together); vi) wherein the backside (aforementioned lower surface) of the removable label substrate (300’ and 304’, together) corresponding to (fig. 4B) the removable label (300’ and 304’, together) is disposed over (fig. 4B) the silicone release patch (456’) on the front side (aforementioned upper surface) of the label substrate (450’ and 454’, together) corresponding to (fig. 4B) the primary label (450’ and 454’, together).
Regarding claim 3, Ambartsoumian anticipates the label combination of claim 2, wherein the removable label (300’ and 304’, together) is a tip-on label (fig. 4B).
Regarding claim 4, Ambartsoumian anticipates the label combination of claim 2, wherein the primary label (450’ and 454’, together) is without any die cuts (note the absence of any mention of die cuts in the reference).
Regarding claim 5, Ambartsoumian anticipates the label combination of claim 2, wherein the adhesive (304’) disposed on the backside (aforementioned lower side) of the removable label substrate (300’ and 304’, together) is a flood coated (note that the instant claim is drawn to a label- not a method of forming such) adhesive coating (para. 139).
Regarding claim 6, Ambartsoumian anticipates the label combination of claim 2, wherein the adhesive (304’) is disposed on the backside (aforementioned lower side) of the removable label substrate (300’ and 304’, together) in adhesive patches (fig. 4B).
Regarding claim 7, Ambartsoumian anticipates the label combination of claim 6, wherein the adhesive patches (fig. 4B) are arranged in a pattern (e.g. a solid continuous pattern, as shown in fig. 4B) on the backside (aforementioned lower side) of the removable label substrate (300’ and 304’, together).
Regarding claim 8, Ambartsoumian anticipates the label combination of claim 2, wherein the front side (aforementioned upper surface) of the label substrate (450’ and 454’, together) corresponding to the primary label (450’ and 454’, together) and a front side (aforementioned upper surface) of the removable label substrate (300’ and 304’, together) corresponding to the removable label (300’ and 304’, together) includes a dot matrix or laser coating (para. 132).
Regarding claim 9, Ambartsoumian anticipates the label combination of claim 2, wherein the silicone release patch (456’) is sized and has dimensions that correspond to (fig. 4B) the removable label (300’ and 304’, together).
Regarding claim 10, Ambartsoumian anticipates the label combination of claim 2, wherein the removable label (300’ and 304’, together) is aligned and placed over (fig. 4B) the silicone release patch (456’).
Regarding claim 11, Ambartsoumian anticipates the label combination of claim 2, wherein the removable label (300’ and 304’, together) is removable from the primary label (450’ and 454’, together) without any liner being required (fig. 4B; note the absence of any liner material between the two structures).
Regarding claim 12, Ambartsoumian anticipates the label combination of claim 2, wherein the silicone release patch (456’) remains on (note that the instant claim is drawn to a label combination- not a method of operation thereof) the front side of the primary label (450’ and 454’, together) after the removable label (300’ and 304’, together) is separated from the primary label (450’ and 454’, together).
Regarding claim 13, Ambartsoumian anticipates a roll (e.g. label roll 52, as shown in fig. 1) of label combinations (e.g. label assemblies 10, as shown in fig. 1; note that these may be provided in the form of the label assembly 10’ shown in fig. 4B), comprising: i) a web (fig. 4B) of label substrate (e.g. label support liner 450’ and intermediate liner adhesive 454’, together, as shown in fig. 4B) comprising (fig. 4B; per para. 6, 16 and 19 of Applicants’ filed specification, the “primary label” and “label substrate” are the same structure) primary labels (450’ and 454’, together); ii) a web (fig. 4B) of liner substrate (e.g. base label support liner 100’); and iii) removable (fig. 4B; note that release coating 456’ renders label facestock 300’ and facestock adhesive 304’, together, “removable”) label substrates (e.g. facestock 300’ and facestock adhesive 304’, together, as shown in fig. 4B and discussed at para. 139), each removable label substrate (300’ and 304’, together) defining (fig. 4B; per para. 19 and 42 of Applicants’ filed specification, the “removable label” and “removable label substrate” are the same structure) one of a plurality (figs. 1 and 4B) of removable labels (300’ and 304’, together); iv) wherein portions of a front side (e.g. upper surface, as shown in fig. 4B) of the web (fig. 4B) of label substrate (450’ and 454’, together) include silicone (per para. 126, release coatings may be formed from silicone) release patches (e.g. release coating 456’, as shown in fig. 4B) disposed on (fig. 4B) the front side (aforementioned upper surface) of the web (fig. 4B) of label substrate (450’ and 454’, together); v) wherein the web (fig. 4B) of label substrate (450’ and 454’, together) corresponding to each portion of a corresponding (fig. 4B) primary label (450’ and 454’, together) includes a corresponding removable label (300’ and 304’, together) affixed atop a corresponding (fig. 4B) silicone release patch (456’); vi) wherein a backside (e.g. lower surface, as shown in fig. 4B) of the web (fig. 4B) of label substrate (450’ and 454’, together) is adhered or joined to (fig. 4B) a front side (aforementioned upper surface) of the web (fig. 4B) of liner substrate (100’) to form the roll (52) of label combinations (10).
Regarding claim 14, Ambartsoumian anticipates the roll of label combinations of claim 13, wherein the roll (52) is adapted to be inserted into an auto applicator machine (note that the instant claim is drawn to a roll of label combinations- not a method of use thereof).
Regarding claim 15, Ambartsoumian anticipates the roll of label combinations of claim 13, wherein each primary label (450’ and 454’, together) and removable label (300’ and 304’, together) of each label combination (10) is imaged with custom indicia (para. 117).
Regarding claim 16, Ambartsoumian anticipates the roll of label combinations of claim 13, wherein an auto applicator machine separates each primary label with an affixed corresponding removable label (300’ and 304’, together) from a corresponding liner and presses a corresponding primary label (450’ and 454’, together) onto a surface (note that the instant claim is drawn to a roll of label combinations- not a method of use thereof).
Regarding claim 17, Ambartsoumian anticipates the roll of label combinations of claim 13, wherein a corresponding liner (e.g. base label support liner 100’) is rewound into a waste liner roll (note that the instant claim is drawn to a roll of label combinations- not a method of use thereof).
Regarding claim 18, Ambartsoumian anticipates the roll of label combinations of claim 13, wherein a waste liner (e.g. base label support liner 100’) remains intact (fig. 4B) with no holes and with no waste liner breakage (note that the instant claim is drawn to a roll of label combinations- not a method of use thereof).
Regarding claim 19, Ambartsoumian discloses the roll of label combinations of claim 13, wherein the roll (52) is wound during manufacturing of (note that the instant claim is drawn to a roll of label combinations- not a method of formation thereof) the roll (52).
Regarding clam 20, Ambartsoumian anticipates a label combination (e.g. label assembly 10’, as shown in fig. 4B), comprising: i) a primary label (e.g. label support liner 450’ and intermediate liner adhesive 454’, together, as shown in fig. 4B); ii) a removable (fig. 4B; note that release coating 456’ renders label facestock 300’ and facestock adhesive 304’, together, “removable”) label (e.g. facestock 300’ and facestock adhesive 304’, together, as shown in fig. 4B and discussed at para. 139); and iii) a silicone (per para. 126, release coatings may be formed from silicone) release patch (e.g. release coating 456’, as shown in fig. 4B); iv) wherein the silicone release patch (456’) is disposed on (fig. 4B) a front side (e.g. upper surface, as shown in fig. 4B) of the primary label (450’ and 454’, together); v) wherein an adhesive (e.g. facestock adhesive 304’, as shown in fig. 4B) is disposed on (fig. 4B) a backside (e.g. lower surface, as shown in fig. 4B) of the removable label (300’ and 304’, together); vi) wherein the backside (aforementioned lower surface) of the removable label (300’ and 304’, together) is disposed over (fig. 4B) the silicone release patch (456’) on the front side (aforementioned upper surface) of the primary label (450’ and 454’, together).
Regarding claim 21, Ambartsoumian discloses the label combination of claim 20, wherein the removable label (300’ and 304’, together) represents a tip- on label (fig. 4B) on the front side (aforementioned upper surface) of the primary label (450’ and 454’, together).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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