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 Status
Claims 1-20 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09-23-2025 was has been considered by the examiner.
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.
Claim(s) 1, 5, 6, 8. 12, 13, 15 and 19 is/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by BALLAM (US Patent 10,108,898).
Regarding claims 1, 8 and 15,
BALLAM teaches an apparatus (as well as a corresponding method and a non-transitory computer-readable storage medium configured to store instructions), comprising:
a processor (120) that, when executing instructions stored by a memory, is configured to:
tear a first edge of a radio-enabled label (col. 3:44-49 and FIG. 1, teach a package tracking label 100 may include an antenna circuit 101, and an antenna 130 coupled to the microprocessor 120), wherein the tear of the first edge enables a first mode of operation by the radio-enabled label (col. 6:15-20 teaches that the removal of the activation tab 540 may occur by manually removing the activation tab 540 that tears the activation trace 541 along the first perforation strip 542); and
tear a second edge of the radio-enabled label, wherein the tear of the second edge enables a second mode of operation by the radio-enabled label (col. 6:30-35 teaches that the deactivation tab 550 is configured to deactivate the antenna circuit when removed by breaking the deactivation trace 551. The removal of the deactivation tab 550 may occur by manually removing the deactivation tab 550 that tears the deactivation trace 551 along the second perforation strip 552.)
Regarding claims 5, 12 and 19,
Ballam teaches performing one or more operations on the radio-enabled label, wherein the performing further comprises physically contacting the radio-enabled label to activate a power source embedded in the radio-enabled label (Fig. 5A teaches activation trace 541 of the activation tab 540; col. 4:14-16 teaches the microprocessor 120 such that the GPIO pin is configured to connect the microprocessor 120 to the battery 110 upon removal of the activation tab 140.)
Regarding claims 6, 13 and 19,
Ballam teaches physically contacting enables the radio-enabled label to at least one of transmit or receive a radio signal (col. 4:48-50 teaches that the antenna 130 and microprocessor 120 may be a Bluetooth Low Energy based microprocessor and antenna configured to transmit and receive Bluetooth signals.)
Claim(s) 2, 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over BALLAM (US Patent 10,108,898) in view of FERGUSON (US Pub. 2016/0379102).
Regarding claims 2, 9 and 16,
Ballam teaches the apparatus/method/instructions of claims 1, 8 and 15 but fails to further teaches that the radio-enabled label moves through an area and processing according to said movement, wherein the area is a printer..
FERGUSON teaches a system for communicating with a tag (i.e., radio enabled label) wherein the radio enabled label is moving through the area of a printer ([0037] teaches label placement within a printer area for the purpose of printing onto the label information as name, address, invoice number, preferred shipper, and other traditional shipping information; [0054] teaches conductive electrodes are printed on the substrate).
Before the effective filing date of the invention, it would have been obvious to further modify the Ballam system per this particular teaching of Ferguson, since Ferguson teach that a label may move through the area of a printer for a variety of reasons such as application of relevant information thereon when the label is used in a shipping environment, or even initially during the manufacturing process of the label so as to achieve a consistent and reliable construction of the label components.
Claim(s) 3, 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over BALLAM (US Patent 10,108,898) in view of KREJCAREK (US Pub 2024/0029589).
Regarding claims 3, 10 and 17,
KREJCAREK teaches performing one or more operations on the radio-enabled label, wherein the performing further comprises: tearing the radio-enabled label away from an additional radio-enabled label along an axis, wherein the tearing removes a shorted electrical connection, activating of a power source ([0142] teaches “…an individual wireless tracking label may be awakened from a hibernation or sleep state close in time to when an individual tracking label is to used. That can include activating a wireless tracking label in response to cutting it from a reel.”)
Before the effective filing date of the invention, it would have been obvious to Modify the Ballam system per this particular teaching of Krejcarek, such that tearing away of the label activates an electrical connection, thereby making it possible to dispense a roll of labels in the form of a wireless taps, from dispenser whereby the labels may simultaneously be activated in a single action. This modification would improve ease of use.
Claim(s) 4, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over BALLAM (US Patent 10,108,898) in view of ATKINSON (US Pub 2017/0364927).
Regarding claims 4, 11 and 18,
ATKINSON teaches performing one or more operations on the radio-enabled label, wherein the performing further comprises: applying pressure to a portion of the radio-enabled label comprising a switch via an actuating movement, wherein the actuating movement enables the switch to activate a power source ([0044] teaches “ the actuator may be pressure activated through the application process…”; [0052] teaches that the intelligent label 25 also has an actuator 31 for determining when the label is being attached to a good, ... the actuator may be pressure activated through the application process, or provide an electronic signal that is generated by some physical action).
Before the effective filing date of the invention, it would have been obvious to modify the Ballam system per this particular teaching of Atkinson, such that applying pressure enables the switch to activate a power source, because Atkinson teaches that activation of a label may be achieved using a variety of actions, including but not limited to: activation via removal of the label backing, pressure activation, pulling a tab, as a matter of design choice.
Allowable Subject Matter
Claims 7, 14 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE PENDLETON whose telephone number is (571)272-7497. The examiner can normally be reached M-F 9a-5pm.
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/DIONNE PENDLETON/Primary Examiner, Art Unit 2689
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