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 .
Request for Interview
In view of the foregoing instant office action, it is respectfully submitted that if Applicant has any questions or concerns with said instant office action, the Examiner respectfully invites Applicant to contact the Examiner at the telephone number appearing below.
Response to Amendment
The amendment filed 01/02/2026 was entered. Claims 1-9 and 11-17 are pending, with claims 1, 13, and 15-16 being independent. Claims 1, 13, 15, and 16 are amended. Claim 10 is canceled.
Response to Arguments
Applicant’s arguments with respect to the amended independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-3, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US Pub. 2013/0119274 A1) in view of Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1).
With regards to claims 1, 13 and 16, Kane discloses a plastic product with authenticity to be determined [0051] [0052], the plastic product comprising: a base 502 (i.e.., the medium, substrate or base material) made of a plastic material [0051] [0052]; and a luminescent material 530 (i.e., luminescent borate particles) provided in a form of a particle and included in the base, wherein the luminescent material 530 is configured to absorb incident light of a first wavelength and emit light of a second wavelength, wherein the determination of the authenticity is performed by irradiating the plastic product with the incident light and then detecting the emitted light [0054] – [0060] [Figures 5 and 6).
Kane further discloses, see FIG. 5, a cross-sectional view of an article 500 that includes a luminescent borate, according to an example embodiment. For example, an embodiment of an article 500 may include surface-applied and/or embedded authentication features 510, 520 that include the luminescent borate particles (not illustrated), and/or the article 500 may include luminescent borate particles 530 that are evenly or unevenly dispersed within one or more components of the article 500 (e.g., within substrate 502 and/or one or more layers or other components of the article). The various relative dimensions of the authentication features 510, 520 and particles 530 may not be to scale in FIG. 5. Although article 500 is illustrated to include both surface-applied and/or embedded authentication features 510, 520 and particles 530, another article may include one or a combination of embedded authentication features, surface-applied authentication features, and dispersed luminescent borate particles. Finally, although only one surface-applied authentication feature 510 and one embedded authentication feature 520 are shown in FIG. 5, an article may include more than one of either type of authentication feature 510, 520 [0054] – [0060] [Figures 5 and 6).
Substrate 502, which may be rigid or flexible, may be formed from one or more layers or components, in various embodiments. The variety of configurations of substrate 502 are too numerous to mention, as the luminescent borates of the various embodiments may be used in conjunction with a vast array of different types of articles. Therefore, although a simple, unitary substrate 502 is illustrated in FIG. 5, it is to be understood that substrate 502 may have any of a variety of different configurations [0054] – [0060] (Figures 5 and 6).
Notice how luminescent borate particles 530 may be evenly or unevenly dispersed within substrate 502, as shown in FIG. 5, or within one or more other components of the article 500 (e.g., within one or more layers or other components of the article), in other embodiments. The luminescent borate particles 530 may be dispersed within substrate 502 or another component, for example but not by way of limitation, by mixing particles 530 into a base material for the substrate 502 or other component, and/or by impregnating the substrate 502 or other component with a colloidal dispersion of the particles 530, as discussed previously [0054] – [0060] [Figures 5 and 6).
Kane fails to teach wherein a surface of the particle is covered with an organic material and the luminescent particle is dispersed throughout the plastic material of the base.
Heer discloses a device where the luminescent substance designed in multiple configurations wherein the luminescent substances are processed in the form of pigments. For a better processing or for increasing their stability the pigments can be present in particular as individually encapsulated pigment particles or be covered with an inorganic material or organic coating [0035].
Sakurai relates to a luminous material, to a composition containing same and to an energy absorbing method using same [0001] (Abstract).
Sakurai teaches a composition comprising a polymer matrix, and the above luminous material dispersed in the matrix to improved compatibility [0006]; [0010]-[0016]. Also, Sakurai discloses that the luminous material such as those taught by Sakurai can be used as an absorbing material for light energy, sound energy, thermal energy or kinetic energy, e.g. as a light absorber, a sound proof material, a cooling material, a heat resisting material, a vibration absorber, a packing material and a shock absorber. In this case, the luminous material is suitably used in the form of a molded body in which the luminous material is dispersed in a polymer [0010] – [0019].
In view of the utility, to provide an arrangement further detectable characteristic which can be used to authenticate a security feature and many significantly different ways, one being as noted above improves the robustness of luminescent security features against copying, counterfeiting or the like, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by Heer and Sakurai.
With regards to claim 2, Kane discloses the base 502 comprises a plurality of layers, and the luminescent material is included only in some of the plurality of layers [0054] – [0060] [Figures 5 and 6).
With regards to claim 3, Kane discloses wherein the base 502 comprises a plurality of layers, and the plurality of layers include different luminescent materials [0051] [0052] [0056].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US 2013/0119274 A1), Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1) in view of Justel et al. (US Pub. No. 2013/0193346 A1).
With regards to claims 9, Kane modified discloses the claimed invention according to claim 1 but fails to expressly disclose the luminescent material is provided in the form of a particle and included in the base, and an average particle size of the luminescent material is in a range of 0.3 micron to 10 micron and a surface of the luminescent material particle is treated or coated with an organic material (i.e., organic modified silicate).
Justel discloses the missing limitations [0008] [0018].
In view of the utility, to provide an arrangement further detectable characteristic which can be used to authenticate a security feature and significantly improves the robustness of luminescent security features against copying, counterfeiting or the like, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by Justel.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US 2013/0119274 A1), Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1) in view of Choe et al. (KR 20140026766A).
With regards to claim 4, Kane discloses the claimed invention according to claim 3 but fails to expressly disclose the different luminescent materials are different in at least one of excitation light and emitted light.
Choe discloses the base comprises a plurality of layers (100, 200, 210, 220, 230), and the plurality of layers includes different luminescent materials (i.e., two or more different fluorescent materials, each thin film can be a layer stacked lamination) (Page 4). As shown in Figure 3, the photonic crystal layer 200 may be monodisperse particles having a different refractive index or dielectric constant, and the matrix (220) to the interior of the matrix (220) 210 are regularly arranged in three dimensions and a stacked laminate.
Choe discloses the different luminescent materials (i.e., first and second fluorophores, also Choe teaches multiple layers (i.e., 100, 200, 210, 220, 230) or substrates or multilayers being laminated) are different in at least one of excitation light and emitted light (Pages 4 – 6).
In view of the utility, in order to improve the particular sensory of devices as needed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by Choe.
Claim(s) 5 – 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US 2013/0119274 A1), Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1) in view of MacPherson et al. (US Pub. No. 2010/0230615 A1).
With regards to claim 5, Kane discloses the claimed invention according to claim 1 but fails to expressly disclose the plastic product is manufactured by an injection molding process or an extrusion process.
MacPherson discloses a security device 371 for authenticating bank notes, documents and other items, comprises a luminescent material 373 for producing luminescent radiation of first and second wavelengths. The security device 371 includes an optically variable structure for controlling emission of luminescent radiation of at least one of the first and second wavelengths from the security device 371, the security device 371 being arranged to permit, from an area of the optically variable structure, emission of luminescence of the first and second wavelengths from the security device 371 (Abstract).
Referring to FIG. 14, the optical security device 371 comprises a luminescent material 373 and an optically variable device 375 comprising a multi-layer film or structure. The material for each layer is selected so that the refractive indices alternate from one layer to the next between different values. The number of layers is entirely arbitrary and may be selected depending on the optical characteristic required. The multi-layer structure may for example comprise any number of layers ranging from 20 to 300 or more. The multi-layer structure may be formed by co-extrusion in which the resulting layer thicknesses are controlled by parameters of the extrusion process, for example the extrusion rate. Any suitable materials may be used to form the layers, and in one non-limiting example, the layers may comprise plastic or polymeric material, for example alternating layers of polystyrene and polymethylmethacrylate [0021], [0272] – [0275], [0283].
In view of the utility, to provide an arrangement further detectable characteristic which can be used to authenticate a security feature and significantly improves the robustness of luminescent security features against copying, counterfeiting or the like, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by MacPherson.
With regards to claim 6, see the rejections of claims 1- 3 and 5.
With regards to claim 7, Kane discloses the claimed invention according to claim 1 but fails to expressly disclose that the second wavelength is in an infrared wavelength range.
MacPherson discloses a security device 371 for authenticating bank notes, documents and other items, comprises a luminescent material 373 for producing luminescent radiation of first and second wavelengths. The security device 371 includes an optically variable structure for controlling emission of luminescent radiation of at least one of the first and second wavelengths from the security device 371, the security device 371 being arranged to permit, from an area of the optically variable structure, emission of luminescence of the first and second wavelengths from the security device 371 (Abstract).
MacPherson further discloses that for one or both emission wavelengths, the luminescent material may respond to UV radiation to generate luminescence in the infrared spectrum or may be responsive to visible light to generate luminescence in the infrared spectrum. In other embodiments, for one or both luminescence wavelengths, the luminescent material may respond to stimulating radiation of a longer wavelength to generate luminescence of a shorter wavelength (anti-Stokes), for example, to generate luminescence radiation in the visible spectrum in response to an infrared source [0035] [0036] [0041] [0193].
In view of the utility, to provide additional characteristics of a security device, which may further enhance its effectiveness against copying, counterfeiting or the like and also be used for enhanced authentication, counterfeiting or the like, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by MacPherson.
Claim(s) 8, 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al.
With regards to claim 8, Choe discloses the claimed invention according to claim 1 and further teaches that fluorescent material may be in the form of quantum dots, nanoparticles or particles and more specifically, the list including the plurality of materials on (page 5). Notice that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination.
Choe fails to expressly disclose the luminescent material as claimed specifically according to claim 8. The examiner takes Official Notice that the claimed materials are well known and conventional in the art.
In view of the utility, in order to improve light emission, intensity, control, life, flexibility, impact and/or durability as needed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Choe to include the teachings such as that taught by what is well-known and conventional, since it have been held to be within the ordinary skill of a worker in the art to select a known material on the basis of its suitability for the intended use.
With regards to claims 11 and 17, Choe discloses the claimed invention according to claim 1 and that the device is laminated but fails to expressly disclose that the plastic product is any one of a plastic container, an engineering plastic product, a plastic film, a casino chip, an electronic product casing, wherein the luminescent material includes a base ratio of 0.05 to 10wt% and/or the particular accommodations as claimed. Notice that the selection of a known products, ratios and accommodations based on its suitability for its intended use supports a prima facie obviousness determination.
The examiner takes Official Notice that the claimed products are well known and conventional in the art.
In view of the utility, in order to improve the particular sensory of devices as needed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Choe to include the teachings such as that taught by what is well known and conventional, since it have been held to be within the ordinary skill of a worker in the art to select a well-known product as needed on the basis of its suitability for the intended use.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US 2013/0119274 A1), Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1) in view of Heer et al. (US Pub. No. 2010/0032935 A1).
With regards to claim 12, Kane discloses the claimed invention according to claim 2 and that the device is laminated [0056] but fails to expressly disclose wherein the plastic product is a plastic container comprising an accommodation part having an accommodation space for accommodating contents, the base comprises a first base provided inside the plastic container and disposed adjacent to the accommodation space, and a second base provided outside the first base, and the luminescent material is included only in the second base without being included in the first base.
Heer relates to a printed document of value having at least one authenticity feature in the form of a luminescent substance on the basis of host lattices which are doped with one or a plurality of ions (Abstract).
FIG. 5 shows an embodiment of the security element according to the invention. In this case the security element is made of a label 2, which is composed of a paper and/or plastic layer 3, a transparent cover layer 4, as well as an adhesive layer 5. This label 2 is connected with any desired substrate 1 via adhesive layer 5. This substrate 1 can be documents of value, ID documents, passports, deeds or the like but also other objects to be protected, such as for example CDs, packagings or the like. In this embodiment luminescent substance 6 is contained in the volume of layer 3 [0039].
Alternatively, the luminescent substance could also be contained in a not shown printing ink, which is printed onto one of the label layers, preferably onto the surfaces of layer 3 [0040].
Instead of providing the luminescent substance in or on a carrier material, which subsequently is attached as a security element to an object, according to the invention it is also possible to apply the luminescent substance directly in the document of value to be protected or onto its surface in the form of a coating [0041].
In view of the utility, in order to improve the particular sensory of devices as needed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by Heer.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kane et al. (US 2013/0119274 A1), Heer et al. (US Pub. No. 2010/0032935 A1) and Sakurai et al. (EP 1 120 452 A1) in view of Dorier et al. (US Pub. No. 2019/0126659 A1).
With regards to claim 15, Kane discloses the claimed invention according to claim 1 and further a plastic product with authenticity to be determined [0051] [0052], the plastic product comprising: a base 502 (i.e.., the medium, substrate or base material) made of a plastic material [0051] [0052]; and a luminescent material 530 (i.e., luminescent borate particles) provided in a form of a particle and included in the base, wherein the luminescent material 530 is configured to absorb incident light of a first wavelength and emit light of a second wavelength, wherein the determination of the authenticity is performed by irradiating the plastic product with the incident light and then detecting the emitted light [0054] – [0060] [Figures 5 and 6).
Kane further discloses, see FIG. 5, a cross-sectional view of an article 500 that includes a luminescent borate, according to an example embodiment. For example, an embodiment of an article 500 may include surface-applied and/or embedded authentication features 510, 520 that include the luminescent borate particles (not illustrated), and/or the article 500 may include luminescent borate particles 530 that are evenly or unevenly dispersed within one or more components of the article 500 (e.g., within substrate 502 and/or one or more layers or other components of the article). The various relative dimensions of the authentication features 510, 520 and particles 530 may not be to scale in FIG. 5. Although article 500 is illustrated to include both surface-applied and/or embedded authentication features 510, 520 and particles 530, another article may include one or a combination of embedded authentication features, surface-applied authentication features, and dispersed luminescent borate particles. Finally, although only one surface-applied authentication feature 510 and one embedded authentication feature 520 are shown in FIG. 5, an article may include more than one of either type of authentication feature 510, 520 [0054] – [0060] [Figures 5 and 6).
Substrate 502, which may be rigid or flexible, may be formed from one or more layers or components, in various embodiments. The variety of configurations of substrate 502 are too numerous to mention, as the luminescent borates of the various embodiments may be used in conjunction with a vast array of different types of articles. Therefore, although a simple, unitary substrate 502 is illustrated in FIG. 5, it is to be understood that substrate 502 may have any of a variety of different configurations [0054] – [0060] [Figures 5 and 6).
Notice how luminescent borate particles 530 may be evenly or unevenly dispersed within substrate 502, as shown in FIG. 5, or within one or more other components of the article 500 (e.g., within one or more layers or other components of the article), in other embodiments. The luminescent borate particles 530 may be dispersed within substrate 502 or another component, for example but not by way of limitation, by mixing particles 530 into a base material for the substrate 502 or other component, and/or by impregnating the substrate 502 or other component with a colloidal dispersion of the particles 530, as discussed previously [0054] – [0060] [Figures 5 and 6).
Kane fails to expressly disclose an emitted-light determination unit configured to detect second light of a second wavelength emitted from the plastic product which is irradiated with the first light and a verification unit configured to receive a detection result from the emitted-light determination unit and determine the authenticity of the plastic product in addition to and the luminescent particle is dispersed throughout the plastic material of the base.
Sakurai relates to a luminous material, to a composition containing same and to an energy absorbing method using same [0001] (Abstract).
Sakurai teaches a composition comprising a polymer matrix, and the above luminous material dispersed in the matrix to improved compatibility [0006]; [0010]-[0016]. Also, Sakurai discloses that the luminous material such as those taught by Sakurai can be used as an absorbing material for light energy, sound energy, thermal energy or kinetic energy, e.g. as a light absorber, a sound proof material, a cooling material, a heat resisting material, a vibration absorber, a packing material and a shock absorber. In this case, the luminous material is suitably used in the form of a molded body in which the luminous material is dispersed in a polymer [0010] – [0019].
Dorier discloses a security element and authenticating method comprising at least a radiation source for performing step i capable of emitting in the wavelength region λ1a, a detector for performing step ii capable of detecting radiation in the wavelength region λ2e, and a processing unit for performing step iii, wherein the processing unit may e.g. verify whether the observed emission within the wavelength range λ2e falls within a predetermined set of rules for determining if the security element is authentic. A schematic representation of such an apparatus is shown in FIG. 11. Reference numeral 1102 relates to a radiation source that can emit radiation 1110 in the wavelength region λ1a for irradiating a security element 1101, e.g. an LED or a laser device, 1103 represents a detector for receiving radiation 1111 from the element 1101, e.g. an imaging camera, and 1104 stands for a processing unit, e.g. a programmable control device that has control programming for controlling the source 1102 according to step i and the detector 1103 according to step ii, and which has image and data processing programming arranged for performing the judgment of step iii.
Dorier further discloses a computing device for storing and processing the captured images under the first and second irradiation sources and after the second radiation source cut-off and for comparing the processed image result with a set of pre-defined stored rules to judge if the security element is authentic, and optionally, a decoder engine to decode information in a digital code, e.g. the information contained in a dot-matrix code, for example for further identification of the products carrying the security element [0233] -[0240].
Notice how the processing units, programmable controllers and computing device may all be the determination and verification units as claimed. In view of the utility, to provide additional electronics in order to provide electronic operations as needed to enhance the effectiveness of authentication, counterfeiting or the like, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Kane to include the teachings such as that taught by Sakurai and Dorier.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DJURA MALEVIC whose telephone number is (571) 272-5975. The examiner can normally be reached M-F (9-5).
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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