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
`
`6487
`
`7590
`200642
`MRG/Solventum
`
`08/23/2024
`
`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
`
`08/23/2024
`
`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)
`
`

`

`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 8/16/24.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J 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.
`
`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)2) The specification is objected to by the Examiner.
`11)M The drawing(s)filed on 8/16/2024 is/are: a)¥) accepted or b)C) 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)2) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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 20240820
`
`

`

`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.
`
`Withdrawn Rejections
`
`2.
`
`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 16, 2024. However, new rejections may have been made using the samepriorartif
`
`still applicable to the newly presented amendments and/or arguments.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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.
`
`4.
`
`Claims 1, 3 — 6, and 8 — 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Liihmannet al. (USPN 5,897,949) in view of 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
`
`and second major surfaces of the stretchable carrier is a stretch-releasable adhesive surface
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 3
`
`(Abstract), wherein the stretchable carrier includes a tab disposed at one end ofthe 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 upona stretch on the
`
`stretchable carrier to elongate the stretchable carrier (Abstract; Column5, 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 onat least a portion ofthe first
`
`major surface of the stretchable carrier and a secondstretch-releasable adhesive layer disposed
`
`on at least a portion of the second major surface (Abstract; Column8, lines 46 — 52). With regard
`
`to claim 12, the pattern of slits includes one or more throughslits each extending through the
`
`stretchable carrier in a thickness direction (Column 5, lines 45 — 56). As in 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 pattern ofslits
`
`includes one or moreslits each extending partially into the stretchable carrier from the first major
`
`surface and a secondsetof slits each extending partially into the stretchable carrier from the
`
`second major surface (Column 5, lines 45 — 56). However, Liihmannet al. fail to disclose 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 thestretch, the slits each includes a pair of holes at opposite ends of the respective slits, the
`
`pattern of slits includes an array of slits each extending along a direction substantially parallel to
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 4
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`the first direction, the pattern of slits includes a plurality of slit unit cells in a periodic
`
`arrangement, and the pattern of slits includes a hierarchical structure.
`
`Tesch teachesa stretchable, expandable, adhesive article (Column 1, lines 6 — 8 and 60 —
`
`66; Column4, lines 8 — 28) containing a carrier that includes a pattern of slits distributed thereon
`
`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 haveslits in a substantially perpendicular arrangementin in
`
`Lihmannetal. in order to control the stretchability of the tape as taught by Tesch.
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 5
`
`5,
`
`Claims 1, 3-5, 8— 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Nakada et al. (USPGPub 2006/0275602 A1) in view of in view of Tesch (USPN
`
`3,655,501).
`
`Nakadaet al. disclose a stretch-releasable adhesive article (Abstract; Figures)
`
`comprising: a stretchable carrier extending along a first direction and includingafirst major
`
`surface and a second major surface opposite the first major surface (Figures; Paragraphs 0020 —
`
`0023), wherein at least one of the first and second major surfaces of the stretchable carrieris a
`
`stretch-releasable adhesive surface (Paragraphs 0024 — 0026), 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 (Paragraph 0029; Figure 2a and Figure 4a —
`
`4e’, #6) as in claim 1. With respect to claim 2, a tab is disposed at one end of the stretchable
`
`carrier to facilitate a stretch release (Paragraphs 0018 and 0031). Regarding claim 3, the tab
`
`includes an extension ofthe stretchable carrier (Paragraphs 0018 and 0031). For claim 4, the
`
`stretchable carrier includes a polymeric foam, a polymeric film, or a combination thereof
`
`(Figures; Paragraphs 0020 — 0023). In claim 5, the stretchable carrier has a lengthwise elongation
`
`at break of from about 50% to about 1200% (Paragraph 0018). For claim 10, the pattern ofslits
`
`includes an array ofslits each extending along a direction substantially parallel to the first
`
`direction (Figure 2a and Figure 4a — 4e’, #6). In claim 11, the pattern ofslits includes a plurality
`
`of slit unit cells in a periodic arrangement (Figure 2a and Figure 4a — 4e’, #6). With regard to
`
`claim 12, the pattern of slits includes one or more throughslits each extending through the
`
`stretchable carrier in a thickness direction (Paragraph 0029; Figure 3). However, Nakadaet al.
`
`fail to disclose the pattern of slits includes an array ofslits each extending along a direction
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 6
`
`substantially perpendicular to the first direction, the slits each deforms to an opening on the
`
`stretchable carrier upon thestretch, the slits each includesa pair of holes at opposite ends of the
`
`respective slits, and the pattern of slits includes a hierarchical structure.
`
`Tesch teachesa stretchable, expandable, adhesive article (Column 1, lines 6 — 8 and 60 —
`
`66; Column4, lines 8 — 28) containing a carrier that includes a pattern of slits distributed thereon
`
`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 (Figures; Column 3, lines 15 — 34), the slits each
`
`includes a pair of holes at opposite ends of the respective slits (Figures 27 and 28), and the
`
`pattern of slits 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 haveslits in a substantially perpendicular arrangementin in
`
`Nakadaet al. in order to control the stretchability of the tape as taught by Tesch.
`
`6.
`
`Applicant's arguments filed August 16, 2024 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 7
`
`In response to Applicant’s argumentthat “nothing has been identified by the Examinerin
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`Liihmannthat teaches a tab disposed at one endofthe stretchable carrier to facilitate a stretch
`
`release as set forth in amended independentclaim 1” and “Liihmannteaches a foam backing
`
`whichis bondedto at least one pressure-sensitive adhesive composition. The release-coated grip-
`
`tab film or a coated release paper is separate from the foam backing. The release-coated grip-tab
`
`film or a coated release paperis not a tab disposed at one end of a foam backingor sgstretchable
`
`carrier to facilitate a stretch release. Lihmannis completely silent about any kind of tab on the
`
`stretchable carrier. , the Examiner respectfully disagrees. Liihmann very clearly states a tab
`
`function as part of stretch tape as shownin the area cited by the Applicant, Column6, lines 59 —
`
`67. “Adhesive tape sections of defined dimensions may optionally have a shaped end in
`
`accordance with DE 4.428.587, for instance an end which comes together as a point, or may be
`
`equipped, in accordance with DE 4.431.914, with a release-coated grip-tab film or with coated
`
`release paper.” A shaped end in the form of a point would act as a “tab”. Since Applicant has
`
`provided no distinct definition of a tab, even the use of a release coated film at end of the tape
`
`functions as a tab. Therefore, Liihmann very clearly states a tab function as part of stretch tape.
`
`In response to Applicant’s argumentthat “Theslit structures in Tesch give a capability
`
`for expansion in more than one direction.”, the Examinerrespectfully disagrees. Tesch clearly
`
`states in Column4, lines 20 — 28, “Finally it should be further pointed outthat the selection of
`
`the direction ofthe slits is to be adjusted according to the purpose desired, particularly to an
`
`expansion in the longitudinal direction, in the transverse direction or in some other direction. The
`
`slits may also be distributed diversely over the surface, let out or arranged to form stripes or
`
`patterns, combinationsofslits of different sizes and shapes are possible with for example long
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 8
`
`slits small slits or so called micro-slits.” Therefore, It would have been obvious to one of
`
`ordinary skill in the art before the effective filing date of the claimed invention to haveslits in a
`
`perpendicular arrangementin in Nakadaet al. in order to control the stretchability of the tape as
`
`taught by Tesch.
`
`In response to Applicant’s argumentthat “Oneof skill in the art would not look to a
`
`reference that provides expansion in more than one direction of Tesch to modify the stretch-
`
`releasable adhesive article of Nakada. Forat least this reason, the Examinerhas failed to provide
`
`an articulated reasoning with rational underpinnings to support a prima facie case of
`
`obviousness.”, the Examiner respectfully disagrees. Tesch clearly states in Column 4, lines 20 —
`
`28, “Finally it should be further pointed out that the selection of the direction of theslits is to be
`
`adjusted according to the purpose desired, particularly to an expansion in the longitudinal
`
`direction, in the transverse direction or in someother direction. The slits may also be distributed
`
`diversely over the surface, let out or arranged to form stripes or patterns, combinationsofslits of
`
`different sizes and shapesare possible with for example longslits small slits or so called micro-
`
`slits.” Therefore, It would have been obviousto one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to have slits in a perpendicular arrangementin in
`
`Nakadaet al. in order to control the stretchability of the tape as taught by Tesch.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADEFINAL. See MPEP § 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 9
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee 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 MONTHSfrom the date of this
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`final action.
`
`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
`
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`

`

`Application/Control Number: 17/789,644
`Art Unit: 1788
`
`Page 10
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`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
`August 20, 2024
`
`