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www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/789,644
`
`06/28/2022
`
`Chaodi Li
`
`82715US004/800.827 15USO1
`
`6487
`
`7590
`200642
`MRG/Solventum
`
`11/18/2024
`
`c/o Mueting Raasch Group
`111 WASHINGTONAVE. S., SUITE 700
`MINNEAPOLIS, MN 55401
`
`EXAMINER
`
`NORDMEYER,PATRICIA L
`
`ART UNIT
`1788
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/18/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`IPDocketing @ Solventum.com
`ptodocketing @mrgs.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1,3-6 and 8-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 16-20 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 1,3-6 and 8-15 is/are rejected.
`[) Claim(s)__ is/are objectedto.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) accepted or b){) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12).) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`—_c)LJ None ofthe:
`b)LJ Some**
`a)D) All
`1.) Certified copies of the priority documents have been received.
`2.1 Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241113
`
`Application No.
`Applicant(s)
`171789,644
`Li et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Patricia L Nordmeyer
`1788
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 10/31/24.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuantto
`
`37 CFR 1.114. Applicant's submission filed on October 31, 2024 has been entered.
`
`Withdrawn Rejections
`
`3.
`
`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 October 31, 2024. However, new rejections may have been made using the sameprior art
`
`if still applicable to the newly presented amendments and/or arguments.
`
`Claim Rejections - 35 USC § 103
`
`4,
`
`The following is a quotation of 35 U.S.C. 103 which formsthebasis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 3
`
`5.
`
`Claims 1, 3 — 6, and 8 — 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Lithmannet al. (USPN 5,897,949) in view of Blazejewski et al. (USPN 10,435,594) and Tesch
`
`(USPN 3,655,501).
`
`Lihmannetal. disclose a stretch-releasable adhesive article (Abstract) comprising: a
`
`stretchable carrier extending along a first direction and includingafirst major surface and a
`
`second major surface opposite the first major surface (Abstract), wherein at least one of the first
`
`major surface and the second major surface of the stretchable carrieris a stretch-releasable
`
`adhesive surface (Abstract), wherein the stretchable carrier comprises a tab disposed at one end
`
`of the stretchable carrier to facilitate a stretch release (Column 6, lines 59 — 67) and wherein the
`
`stretchable carrier includes a pattern of slits distributed thereon and configured to deform upon a
`
`stretch on the stretchable carrier to elongate the stretchable carrier (Abstract; Column 5, lines 27
`
`— 56) as in claim 1. Regarding claim 3, the tab includes an extension of the stretchable carrier
`
`(Column 6, lines 59 — 67). For claim 4,the stretchable carrier includes a polymeric foam
`
`(Column 8 — 17). In claim 5, the stretchable carrier has a lengthwise elongation at break of from
`
`about 50% to about 1200% (Column6, lines 42 — 45). With regard to claim 6, the stretch-
`
`releasable adhesive surface includesa first stretch-releasable adhesive layer disposed on atleast
`
`a portion ofthe first major surface of the stretchable carrier and a second stretch-releasable
`
`adhesive layer disposed onat least a portion of the second major surface (Abstract; Column 8,
`
`lines 46 — 52). With regard to claim 12, the pattern of slits includes one or more throughslits
`
`each extending throughthe stretchable carrier in a thickness direction (Column5, lines 45 — 56).
`
`Asin claim 13, the pattern of slits includes one or moreslits each extending partially into the
`
`stretchable carrier in a thickness direction (Column 5, lines 45 — 56). As in claim 14, wherein the
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 4
`
`pattern of slits includes one or moreslits each extending partially into the stretchable carrier
`
`from the first major surface and a secondset of slits each extending partially into the stretchable
`
`carrier from the second major surface (Column5, lines 45 — 56). However, Lithmannetal. fail to
`
`disclose the tab is free of adhesive, the pattern of slits includes an array of slits each extending
`
`along a direction substantially perpendicular to the first direction, the slits each deforms to an
`
`opening on the stretchable carrier upon the stretch, the slits each includesa pair of holes at
`
`opposite ends of the respectiveslits, the pattern of slits includes an array ofslits each extending
`
`along a direction substantially parallel to the first direction, the pattern of slits includes a
`
`plurality of slit unit cells in a periodic arrangement, and the pattern ofslits includes a hierarchical
`
`structure.
`
`Blazejewskiet al. teach a stretch-releasable adhesive article (Column 5, lines 4 — 16)
`
`comprising: a stretchable carrier extending along a first direction and includingafirst major
`
`surface and a second major surface opposite the first major surface (Figure 1), wherein at least
`
`one of the first major surface and the second major surface of the stretchable carrieris a stretch-
`
`releasable adhesive surface (Abstract), wherein the stretchable carrier comprises a tab disposed
`
`at one end of the stretchable carrier to facilitate a stretch release (Column 13, lines 50 — 52,
`
`Figure 1), the tab may be free of adhesive (Figure 1; Column 14, lines 28 — 37) or covered with
`
`another people (Figure 2, Column 14, lines 38 — 46) for the purpose of detaching the adhesive
`
`article (Column 13, lines 50 — 52),
`
`Tesch teachesa stretchable, expandable, adhesive article (Column 1, lines 6 — 8 and 60 —
`
`66; Column4, lines 8 — 28) containing a carrier that includesa pattern of slits distributed thereon
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 5
`
`and configured to deform upona stretch on the stretchable carrier to elongate the stretchable
`
`carrier (Figures), the pattern ofslits includes an array ofslits each extending along a direction
`
`substantially perpendicular to the first direction (Figures), the slits each deforms to an opening
`
`on the stretchable carrier upon the stretch (Column 1, lines 60 — 63), the slits each includes a pair
`
`of holes at opposite ends of the respective slits (Figures 27 and 28), the pattern ofslits includes
`
`an array ofslits each extending along a direction substantially parallel to the first direction
`
`(Figures), the pattern of slits includes a plurality of slit unit cells in a periodic arrangement
`
`(Figures; Column 4,lines 8 — 28), and the pattern ofslits includes a hierarchical structure
`
`(Figures; Column 4,lines 8 — 28) for the purpose of giving materials with less stretchability the
`
`ability for more expansion (Column3, lines 15 — 34).
`
`It would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to have a tab free of adhesive andslits in a substantially
`
`perpendicular arrangement in Liihmannet al. in order to detach the adhesivearticle as taught by
`
`Blazejewskiet al. and to control the stretchability of the tape as taught by Tesch.
`
`Response to Arguments
`
`6.
`
`Applicant’s arguments with respect to claims 1, 3 — 6, and 8 — 15 have been considered
`
`but are moot because the new groundof rejection does not rely on any reference applied in the
`
`prior rejection of record for any teaching or matter specifically challenged in the argument.
`
`With regard to Applicant’s argumentthat “Liithmann doesnotteach all the claim
`
`elements of amended claim 1. For example, Liihmann doesnotteach a stretchable carrier
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 6
`
`including a tab disposedat one end of the stretchable carrier to facilitate a stretch release,
`
`wherein the tab is free of adhesive.”, please the newly presented rejection in view of Blazejewski
`
`et al., wherein it is taught that a stretchable carrier may comprise a tab disposed at one end of the
`
`stretchable carrier to facilitate a stretch release (Column 13, lines 50 — 52, Figure 1), the tab may
`
`be free of adhesive (Figure 1; Column 14, lines 28 — 37) or covered with another people (Figure
`
`2, Column 14, lines 38 — 46).
`
`Conclusion
`
`7.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Patricia L Nordmeyer whose telephone numberis (571)272-1496.
`
`The examiner can normally be reached 10am - 6:30pm EST, Monday- Friday.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`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 on 571-272-1490. The fax phone numberfor the
`
`organization wherethis 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
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 7
`
`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 CustomerService
`
`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
`November 13, 2024
`
`

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