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 25-26, 30-37, and 39-46 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.
Claim 25 recites “wherein the overlapping areas are covered with only one colorant layer, which corresponds to the colorant layer covering one of the adjacent grid areas, or wherein in an overlapping area of three grid areas of different colors, the colors red, green and blue are applied one upon another”. However, the claim recites prior to the limitation above that “covering the overlapping areas between adjacent grid areas with the colorant having the color assigned to one of the grid areas”. Thus, it is unclear how an overlapping area can only be covered with only one colorant if the overlapping area has at least two colors. To further prosecution, the Examiner will examine the limitation “wherein in an overlapping area of three grid areas of different colors, the colors red, green and blue are applied one upon another”.
Claims 26, 30-37, and 39-46 are rejected as being indefinite due to similar issue as claim 25.
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.
Claims 25-26, 30-33, 35-37, 39-42, and 44-46 are rejected under 35 U.S.C. 103 as being unpatentable over Adamczyk et al. (CA 2642330 A1; IDS dated 04/06/2021 Foreign Patent Document No. 4; hereinafter Adamczyk) in view of Sonehara et al. (JP 2003063094 A; see machine translation; hereinafter Sonehara).
With regards to claims 25 and 35, Adamczyk teaches a method for producing a security feature in the form of a colored image (7; FIG. 28), comprising the steps of:
subdividing the image (7; “the colors red, green and blue of the RGB primary color system”; [0092]) into grid areas (including 8, 9, [0093]) of same size and shape (FIG. 29a shows 8 and 9 to be the same size and shape, albeit, a different color; [0093]) such that immediately adjacent grid areas (8, 9) of the same size and shape of the image (7) partially overlap (FIG. 29), wherein an overlapping area (overlapping areas of 8, 9) of immediately adjacent grid areas (8, 9) is smaller than one of the grid areas (the overlapping part of 8, 9 appears to be smaller than one grid area; [0093]),
assigning at least one color to each of the grid areas (8, 9) of the image (7; “overlapping of different-colored grids”; [0092-0093]),
covering with at least one colorant of the respectively assigned color at least the areas of the substrate corresponding to the respective grid areas (8, 9) minus the corresponding overlapping areas (FIG. 28-29; [0092-0093]), and
covering the overlapping areas (overlapping areas of 8, 9) between adjacent grid areas with the colorant having the color assigned to one of the grid areas overlapping in the respective overlapping areas ([0092-0093]; FIG. 28-29).
wherein the overlapping areas are covered with only one colorant layer, which corresponds to the colorant layer covering one of the adjacent grid areas (see 35 USC 112 rejection above), or wherein in an overlapping area of three grid areas of different colors, the colors red, green and blue are applied one upon another (“pixels with secondary colors and the pure colors of the primitives”, [0092-0093]).
Adamczyk is silent regarding wherein additive color mixing of the colorant covering the adjacent grid areas and the respective overlapping areas takes place, wherein a part of the grid areas is covered at least partially with red color and a part of the grid areas of the image is covered at least partially with green color and a part of the grid areas of the image is covered at least partially with blue color, and wherein the colorants are fluorescent in UV-light.
Sonehara teaches a method of preparing color mixing (abstract) can be performed by additive color mixing, in which red, green, and blue are used as the base color ([0010, 0070]), and wherein the colorants are fluorescent in UV-light ([0036, 0042]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of color mixing using additive color mixing as taught by Sonehara to the method as taught by Adamczyk with reasonable expectation of printing the color requirements when exposed to the specific excitation energy as desired ([0008]; Sonehara). Thus, the combination of Adamczyk and Sonehara would teach wherein additive color mixing ([0010, 0070]; Sonehara) of the colorant (red, green or blue) covering the adjacent grid areas and the respective overlapping areas takes place (overlapping areas of 8, 9 of FIG. 28-29; Adamczyk), wherein a part of the grid areas (8, 9) is covered at least partially with red color and a part of the grid areas of the image (7) is covered at least partially with green color and a part of the grid areas of the image is covered at least partially with blue color (“primitives of a grid have a certain color, e.g. the colors red, green and blue of the RGB primary color system … overlapping of different -colored grids”; [0092-0093]; FIG. 28-29; Adamczyk).
With regards to claims 26 and 36, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the method according to claim 25 and the security feature according to claim 35, respectively, wherein the image (7) is divided in at least one partial area into at least two partially overlapping grid areas (8, 9; FIG. 28), at least one of the at least two grid areas (8, 9) being covered (depending on which grid of 8, 9 is applied first, the latter applied grid would cover the former applied grid), at least outside the overlapping area, with a colorant having a color different from the color of the colorant covering the other of the at least two grid areas ([0092-0093]; FIG. 28-29).
With regards to claim 30, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the method according to claim 25, wherein the colorant is transferred to the substrate by means of an intaglio printing process ([0046]).
With regards to claim 31, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the method according to claim 25, wherein at least one character (13), in particular an alphanumeric character (13) and/or an icon and/or a geometric figure and/or a symbol, or a sequence of characters is applied to produce the image (FIG. 28).
With regards to claims 32 and 44, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the method according to claim 25 and the security feature according to claim 35, respectively, wherein the colorants are applied overlapping in layers so that at least one sequence of colors in the image (7) corresponds to the sequence of colors of a rainbow or a multicolor gradient (“primitives of a grid have a certain color, e.g. the colors red, green and blue of the RGB primary color system … overlapping of different -colored grids”; [0092-0093]; FIG. 28-29).
With regards to claims 33 and 42, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the method according to claim 31 and the security feature according to claim 35, respectively, wherein a colored area is at least partially generated around the at least one character (13) or the at least one sequence of characters by applying one or more colorants to grid areas (8, 9) surrounding the character (FIG. 28; [0092]).
With regards to claim 37, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the security feature according to claim 35, wherein that a first grid area (8, 9) of the image is at least partially covered with red color and/or a second grid area of the image is at least partially covered with green color and/or a third grid area of the image is at least partially covered with blue color(“primitives of a grid have a certain color, e.g. the colors red, green and blue of the RGB primary color system … overlapping of different -colored grids”; [0092-0093]; FIG. 28-29) (see also [0010, 0036, 0070] of Sonehara).
With regards to claim 39, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the security feature according to claim 35, wherein the overlapping area (overlapping areas of 8, 9) of two adjacent grid areas (8, 9) of the image (7) is between 1% and 90% with respect to the size of a grid area (FIG. 29 shows overlapping areas of 8, 9 is within the range as claimed).
With regards to claim 40, Adamczyk, as combined with Sonehara, teaches the security feature according to claim 35, wherein fluorescent colorants, in particular a colorant fluorescent in UV light, are used as colorants ([0036]; Sonehara).
With regards to claim 41, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) the security feature according to claim 35, wherein the image (7) comprises a portrait, a landscape, an abstract geometric sign, a logo or an alphanumeric sign and/or an icon and/or a coding and/or a sequence of characters (FIG. 28; [0092]).
With regards to claim 45, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) a security element ([0001]), in particular in the form of a security strip (FIG. 29 shows 8, 9, 13 are in strip form), wherein the security element has the security feature (1) according to claim 35.
With regards to claim 46, Adamczyk, as combined with Sonehara, teaches (citations to Adamczyk unless specified otherwise) a value document ([0002]), comprising the security element according to claim 45 (see citations for claims 25 and 45) and/or a security feature in the form of a colored image,
wherein the image is divided (7; “the colors red, green and blue of the RGB primary color system”; [0092]) into colored grid areas (8, 9) of same size and shape (FIG. 29a shows 8 and 9 to be the same size and shape, albeit, a different color; [0093]), adjacent grid areas (8, 9) of the same size and shape of the image partially overlapping (FIG. 29) and an overlapping area (overlapping areas of 8, 9) of adjacent grid areas (8, 9) being smaller than one of the grid areas (the overlapping part of 8, 9 appears to be smaller than one grid area; [0093]) per se,
wherein at least one color is assigned to each of the grid areas of the image (7; “overlapping of different-colored grids”; [0092-0093]) and at least the areas of the substrate corresponding to the respective grid areas minus the corresponding overlapping areas are covered with at least one colorant of the respectively assigned color ([0010, 0070]; Sonehara),
wherein the overlapping areas between adjacent grid areas are covered with the colorant having the color assigned to one of the grid areas overlapping in the respective overlapping areas (FIG. 28-29; [0092-0093]),
wherein the colorant covering the adjacent grid areas and the respective overlapping areas are subject to additive color mixing ([0092-0093], FIG. 28-29 of Adamczyk; and [0010, 0070] of Sonehara),
wherein a part of the grid areas (8, 9) is covered at least partially with red color and a part of the grid areas of the image (7) is covered at least partially with green color and a part of the grid areas of the image is covered at least partially with blue color (“primitives of a grid have a certain color, e.g. the colors red, green and blue of the RGB primary color system … overlapping of different -colored grids”; [0092-0093]; FIG. 28-29; Adamczyk),
wherein the colorants are fluorescent in UV-light ([0036, 0042]; Sonehara),
wherein the overlapping areas are covered with only one colorant layer, which corresponds to the colorant layer covering one of the adjacent grid areas (see 35 USC 112 rejection above), or
wherein in an overlapping area of three grid areas of different colors, the colors red, green and blue are applied one upon another (“pixels with secondary colors and the pure colors of the primitives”, [0092-0093]).
Claims 34 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Adamczyk et al. (CA 2642330 A1; IDS dated 04/06/2021 Foreign Patent Document No. 4; hereinafter Adamczyk) in view of Sonehara et al. (JP 2003063094 A; see machine translation; hereinafter Sonehara), and further in view of Isherwood et al. (US Publication 2009/0250920 A1; hereinafter Isherwood).
With regards to claims 34 and 43, Adamczyk, as combined with Sonehara, teaches the method according to claim 33 and the security feature according to claim 35, respectively.
However, Adamczyk, as combined with Sonehara, is silent regarding wherein a sequence of colors in the at least one character or in the at least one sequence of characters is applied in the opposite direction to a sequence of colors in the colored area.
Isherwood teaches wherein a sequence of colors in the at least one character (12) or in at least one sequence of characters is applied in the opposite direction ([0034]; FIG. 12-14).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teaching of applying the characters in the opposite direction as taught by Isherwood to the method and security element as taught by Adamczyk, as combined with Sonehara, to provide an improved security element ([0008-0009]; Isherwood).
Response to Arguments
Applicant's arguments filed 09/22/2025 have been fully considered but they are not persuasive.
With respect to the remarks on page 11, Applicant argues that according to the primary reference Adamczyk et al., overlapping areas 8 and 9 are covered with two layers of colorants that have been applied on top of each other. Thus, Adamczyk et al. fails to disclose or suggest overlapping areas being covered with only one layer of colorant, as set forth in Applicant's amended claims 25, 35 and 46. (See Adamczyk et al. FIGS. 28 and 29). Moreover, Adamczyk et al. also fails to disclose or suggest three overlapping grid areas of the same size and shape, wherein in an overlapping area of the three of the grid areas of different colors, the colors red, green and blue are applied one upon another, as set forth in Applicant's amended claims 25, 35 and 46.
The Examiner respectfully disagrees with Applicant’s argument because Adamczyk et al. do teach the claimed limitation. Specifically, in paragraph [0093], Adamczyk et al. teach “the arrangement of the grids in turn yields overlap areas of the primitives of different grids”. With each primitive “having a certain color, e.g. the colors red, green and blue of the RGB primary color system” ([0092]), the combination of the primitives would yield a color combination of the overlapping primitives. In addition, FIG. 29 shows that the image do have portions where three primitives overlap one another. Thus, Adamczyk et al. do teach and/or suggest the limitation of the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG X.L NGUYEN whose telephone number is (571) 272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHEN D. MEIER can be reached on (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QXN/ Examiner, Art Unit 2853
/STEPHEN D MEIER/ Supervisory Patent Examiner, Art Unit 2853