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 .
The response of the applicant has been read and given careful consideration. Rejection of the previous action not repeated below are withdrawn based upon the amendments and arguments of the applicant. Responses to the arguments of the applicant are presented after the first rejection they are directed to. The new drawing are approved. Claims 13-16 stand withdrawn from prosecution.
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 1-12 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.
Layer (22) in the figure 3a is identified as the “white central layer” may be composed of a white tinted region/layer (26) and a transparent insert (30) , but in figure 3b, is a transparent layer ([0041] and claim 12). It is not clear that the claim 1 covers both embodiments. Claim 1 could be amended to describe layer (22) as either a transparent layer or a white tinted substrate with a transparent insert at least partially covered with a photosensitive opaque white coating..
In claim 1, the composite of the first transparent external layer, the white central layer and the second transparent external layer are formed before the colour print layer is applied between the first transparent external layer and the photosensitive opaque white coating of the white central layer. This is confusing and this order is not supported by the specification which describes providing the printing layer and then laminating the layers together (see for example original claim 12)
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1,2,5,6,10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nugent et al. 20150210107, in view of Fischer DE 10050553 and DeHeij et al. EP 1607235.
Nugent et al. 20150210107 teaches with respect to figure 4, an exemplary construction of the identification document 10 in the form of a plastic card is illustrated. In this construction, the card includes a foil layer 50 that can be a metallic foil or a non-metallic foil. A suitable metalized foil is available from Crown Roll Leaf, Inc. of Paterson, N.J. Where a laser is applied to the foil layer, the metal is removed, revealing a transparent layer on which the metal was initially deposited. Overlays 52, 54 are disposed on each side of the foil layer 50. The overlays 52, 54 can be any material suitable for forming a card or other identification document, for example PVC, PET, or polycarbonate. The overlays 52, 54 are transparent at least in the window region(s), although the overlays can also be provided with colors, patterns, holographic features, etc. One or more layers 56 of ink are printed onto the overlay 52 to form the base color, for example white, of the document. The ink layer 56 can be applied using a suitable technique such as lithographic or screen printing. However, ink is not printed where the window region 18 is to be formed. Therefore, since printing is used to apply the ink layer 56, the boundary of the window region(s) 18 as well as the location(s) on the document can be precisely controlled. Similarly, one or more layers 58 of ink are printed onto the outer surface of the overlay 54 to help form the base color, for example white, of the document 10 using the same or different printing technique as the ink layer 56. After the layers 56, 58 are printed, protective overlays 60, 62 are applied to the top and the bottom. The overlays are transparent, although the overlays can also be provided with colors, patterns, holographic features, etc. If necessary, security printing can be printed on one or more of the ink layers 56, 58, and/or security printing can be applied to the overlays 60, 62 or provided on non-illustrated layers over the ink layers 56, 58 [0041- 0044]. Many other constructions of the document 10 are possible. FIG. 5 illustrates another embodiment where the foil layer 50 of FIG. 4 is replaced with an ablatable foil patch 70 that has a size that is generally slightly larger than the intended window region [0045]
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Fischer DE 10050553 (machine translation attached) illustrates in figure 1, a carrier (9), an adhesive layer (8), a plastic layer (14) a color forming layer (7), an adhesive/insulating layer (13), a silver-white metallized ablatable aluminum layer formed by vapor deposition, a translucent plastic film (6), a translucent adhesive/insulating layer (12), an ablatable black metalized layer (4) and a transparent protective layer (1). A YAG laser (1064 nm) is used to selectively ablate the layers. The portions where only the black layer has been removed/ablated (10a,10b) is white, the positions where both the black and silver-white layer have been removed (11a,11b) have the color of the color forming contrast layer (7) and the remainder of the image is black. If the film laminate was first cut or punched into individual labels, plaques, signs, etc., these labels, plaques, signs, etc. can be detached individually from the carrier material 9 and can simply be stuck onto a wide variety of objects [0024-0026].
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The ablatable layers can be metal, but one of the layers can be a (stoichiometric) metal oxide, non-stoichiometric metal oxide or a combination of metal and metal oxides [0009-0010]. At least one of the ablatable layers is preferably predominantly metallic. You can then, for example, translucent, d. H. largely for the laser beam permeable films sputtered or evaporated [0008]
DeHeij et al. EP 1607235 teaches with respect to the figures, the use of a laser to form microperforated areas (3) corresponding to a portion of a water mark image (1) [0027-0029]. The use of these on ID cards, passports and banknotes is disclosed [0023].
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Nugent et al. 20150210107 does not describe the perforated layer as a white or metal oxide layer perforated by s laser.
With respect to claims 1,2,6,10, 12, it would have been obvious top one skilled in the art to modify the process of fabricating the identity card of Nugent et al. 20150210107 by forming the metal or non-metallic foil (50) of silvery white aluminum or an oxide as taught by Fischer DE 10050553 and using a laser to ablatively pattern the foil layer as taught by Nugent et al. 20150210107 at [0040], Fischer DE 10050553 and DeHeij et al. EP 1607235 with a reasonable expectation of forming a useful identity card, noting that the laser marking of the card to form the carbonized areas (7) is taught in Lazzari 20130341900. The layer (50) is formed across the entire width/length of the card with transparent layers (52,60 and 54,62) on either side.
With respect to claims 1,2,5,6,10, 12, it would have been obvious top one skilled in the art to modify the process of fabricating the identity card of Nugent et al. 20150210107 by forming the metal or non-metallic foil (50) of silvery white aluminum or an oxide as taught by Fischer DE 10050553 and using a YAG laser (1064 nm) taught by Fischer DE 10050553 to ablatively pattern the foil layer as taught by Nugent et al. 20150210107 at [0040], Fischer DE 10050553 and DeHeij et al. EP 1607235 with a reasonable expectation of forming a useful identity card, noting that the laser marking of the card to form the carbonized areas (7) is taught in Lazzari 20130341900. The layer (50) is formed across the entire width/length of the card with transparent layers (52,60 and 54,62) on either side.
This is new grounds of rejection, so no argument directed at it.
Claims 1,2,4-610 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553 and DeHeij et al. EP 1607235.
Lazzari 20130341900 teaches with respect to figure 3, the cross-section of an identity card (30), which has a transparent polymer carbonate body (11) coated with anticounterfeiting systems/layers (4). On the top side on opening in layer (4) is printed with a color image (RGB, 3) provided with an overcoating (2) with carbonizable areas (7). The lower anticounterfeit layer (4) is perforated with small holes (23) which are 5-500 microns in diameter and distributed evenly to allow backlighting of the color image [0025-0029].
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Lazzari 20130341900 does not describe the perforated layer as a white or metal oxide layer perforated by s laser.
With respect to claims 1,2,4,6,10 and 12, it would have been obvious top one skilled in the art to modify the process of fabricating the identity card of Lazzari 20130341900 by forming the layer(s) (4) to be perforated of silvery white aluminum or an oxide as taught by Fischer DE 10050553 and to use a laser to form the 5-500 micron holes as taught by Fischer DE 10050553 and DeHeij et al. EP 1607235 with a reasonable expectation of forming a useful identity card, noting that the laser marking of the card to form the carbonized areas (7) is taught in Lazzari 20130341900. The layers (4) are formed across the entire width/length of the card. Further. It would have been obvious to form the holes/perforations in any arrangement associated with a photograph/portrait based upon the teachings of DeHeij et al. EP 1607235
With respect to claims 1,2,4-6,10 and 12, it would have been obvious top one skilled in the art to modify the process of fabricating the identity card of Lazzari 20130341900 by forming the layer(s) (4) to be perforated of silvery white aluminum or an oxide as taught by Fischer DE 10050553 and to use the YAG laser (1064 nm) disclosed by Fischer DE 10050553to form the 5-500 micron holes as taught by Fischer DE 10050553 and DeHeij et al. EP 1607235 with a reasonable expectation of forming a useful identity card, noting that the laser marking of the card to form the carbonized areas (7) is taught in Lazzari 20130341900. The layers (4) are formed across the entire width/length of the card. Further. It would have been obvious to form the holes/perforations in any arrangement associated with a photograph/portrait based upon the teachings of DeHeij et al. EP 1607235
In the response of 5/6/2026, the examiner failed to included claim 12 in the list of claims rejected. This has been corrected and the examiner points to the RGB in figure 3 of Lazzari 20130341900.
Claims 1,2,4-6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553 and DeHeij et al. EP 1607235, further in view of Syrjanen et al., 20210053382.
Syrjanen et al., 20210053382 teaches with respect to figures 1B and 2, an identification document (20) which includes a (positive) portrait (21), which is laser engraved on the top of the identification document and a window (22) which is obtained by laser ablating/burning an outline/negative of the portrait (21) [0008]. In the embodiment of FIG. 2, the OVI patch 131 is laminated between two transparent layers 101 and 102. In such an embodiment, the laminated OVI patch 132 comprises a first side S1 and a second side S2. The first side S1 is for example the side the nearest from the overtop of the body 150, the second side S2 being the opposite side of the laminated OVI patch 132 i.e. the side the nearest from the bottom surface of the body 150. In this embodiment, a third visual marking may be engraving by a third laser beam on the second side S2, as shown by the arrow 200b. Indeed, since only the surface of the first side S1 of the laminated OVI patch 132 is engraved for forming the second visual marking 130, the second side S2 of said laminated OVI patch 132 may be also engraved without generating any interaction with the second visual marking [0055]. OVI is an optically variable ink. A cross-sectional view of a body 150 is represented on FIG. 2. This cross-sectional view is showing several transparent layers 101-105—for example transparent polycarbonate (PC) layers—shared over and under each opaque layer 111-112—for example opaque polycarbonate (PC) layer. Openings 121, 122 provided in each of the opaque layers 111,112 and superposed one with the other are constituting a window 120. The window 120 is a see-through portion in the body 150 wherein only transparent layers cross over the openings 121, 122 [0046]
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The combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 does not teach the provision of a white tinted substate with a window surrounding the area to be laser ablated/perforated.
It would have been obvious to one skilled in the art to modify the laser marking processes rendered obvious by the combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 by adding opaque white substrates with windows delineating the laser marking regions as is known form figures 1B and 2 of Syrjanen et al., 20210053382 with a reasonable expectation of forming a useful ID card.
Claims 1,2, 4-6,9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553 and DeHeij et al. EP 1607235, further in view of Bergmann et al. 6179338.
Bergmann et al. 6179338 teaches a card including a transparent layer containing additives which are absorbent for a laser beam (abstract, 1/11-16). In the prior art cited, DE-C 31 51 407 discloses for example an identity card wherein a plastic layer is provided in the card as a recording medium which appears completely transparent when viewed normally but absorbs the light of a laser beam so strongly that the laser beam causes blackening in the film. Pictures or data can thus be incorporated in the basically transparent layers in tamper-resistant fashion in the last processing step. The film suitable for laser inscription can be used either as a cover layer over the so-called card inlay or together with other transparent cover films which also appear transparent for the laser pencil (1/31-40). The film is sensitized for laser radiation by special additives which are incorporated in the basically transparent film in a concentration that impairs the transparency of the film as little as possible but provides sufficient absorption centers for the laser energy where discoloration of the film material or the material transformation can begin (2/27-33). The example adds 200 ppm of carbon black (5/60-67). The addition of sensitizing substances is disclosed (5/40). The sensitization is further discussed in EP 232502 and EP 190997 (2/48-56).
The combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 does not teach the addition of sensitizers to the transparent layer, which is carbonized.
It would have been obvious to one skilled in the art to modify the laser marking processes rendered obvious by the combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 by adding sensitizers, such as a low concentration of carbon black as taught by Bergmann et al. 6179338, to the transparent layer which is to be selectively carbonized by the laser to increase the sensitivity of the layer to carbonization by laser exposure with a reasonable expectation of success in forming a laser marks identification card.
Claims 1-6, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553 and DeHeij et al. EP 1607235, further in view of Heim 20050127663.
Heim 20050127663 teaches that different vapor deposition methods are suitable for the production of the layers. One methodic group is formed by physical vapor deposition (PVD) with evaporation boat, vapor deposition by resistance heating, vapor deposition by induction heating or also electron-beam vapor deposition, sputtering (DC or AC) and electric-arc vapor deposition. Furthermore, the vapor deposition can also be effected by chemical vapor deposition (CVD) as e.g. sputtering in reactive plasma or any other plasma activated vapor deposition method. In principle, there is also the possibility that dielectric layers are printed on [0023].
The combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 does not teach the use of plasma enhanced CVD deposition techniques.
It would have been obvious to one skilled in the art to modify the laser marking processes rendered obvious by the combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 by using techniques known in the security/identification document arts such as the plasma based CVD of Heim 20050127663 with a reasonable expectation of success in forming a useful marked card.
Claims 1-6 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553, DeHeij et al. EP 1607235 and Bergmann et al. 6179338, further in view of Heim 20050127663 and/or Syrjanen et al., 20210053382
The combination of Lazzari 20130341900, Fischer DE 10050553, DeHeij et al. EP 1607235 and Bergmann et al. 6179338 does not teach the use of plasma enhanced CVD deposition techniques or the provision of a white tinted substate with a window surrounding the area to be laser ablated/perforated.
It would have been obvious to one skilled in the art to modify the laser marking processes rendered obvious by the combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 and Bergmann et al. 6179338 by using techniques known in the security/identification document arts such as the plasma based CVD of Heim 20050127663 and/or adding opaque white substrates with windows delineating the laser marking regions as is known form figures 1B and 2 of Syrjanen et al., 20210053382 with a reasonable expectation of forming a useful ID card.
Claims 1,2,4-6,9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lazzari 20130341900, in view of Fischer DE 10050553, DeHeij et al. EP 1607235 and Bergmann et al. 6179338, further in view of O’Boyle et al. 20130082458 and Watabe et al. JP 2007304377
O’Boyle et al. 20130082458 teaches holograms or optically variable devices for use in identification or transaction cards, passports, and other objects [0002]. The present invention produces a highly secure OVD device highly suitable for ID cards, financial cards, high value documents or labels combining a partial see-through OVD with laser engraved identifier [0036]. Holograms are often used to protect personalized data on identity documents. HRI holograms are not inherently highly secure due to the fact that they can be produced by a large number of companies worldwide. Demetalized holograms are considered much more secure as there are fewer companies able to produce them. However when a demetalized hologram is used in conjunction with an identity document that is personalized with laser engraving, this personalization process ablates the remaining aluminum, thereby destroying the visual holographic effect [0063]. A reflection-enhancing coating is then applied on top of the diffractive structure. In one embodiment, the reflection-enhancing coating is a metal coating 300 shown in FIG. 3A. Aluminum is the most commonly used material for the reflective coating 300. Other metals, such as Chrome, Gold, or Silver, may be used as well. In another embodiment, the reflection-enhancing coating includes a material with a high refractive index (HRI) 310 (FIG. 3B), such as ZnS, TiO2, ZrO2. In yet another embodiment, both the metal coating 300 and the HRI coating 310 are present on the surface of the diffractive structure. Other embodiments include using a dielectric coating, organic/inorganic reflective pigment, metal flakes and color shifting stacks. Evaporation is the most commonly used method; however, the reflection-enhancing coating may be applied through sputtering, printing, etc [0040]. the overlay is laser-engraved so as to form ablated voids in the metal coating and carbonize the laser engravable polycarbonate under the ablated voids [0010]
Watabe et al. JP 2007304377 (machine translation attached) teaches compounds which are part of holograms which can be laser marked. These can have sizes of 50-700 nm and include inorganic materials such as synthetic or natural mica, talc, kaolin, glass flake silica, titanium dioxide, zinc oxide, tin oxide, zirconium dioxide, chromium oxide, nickel oxide, copper oxide, cobalt oxide, iron oxide, etc. Various metal oxides can be used. Fe-Co, Fe-Ni, Fe-Co-Ni, Co-Ni, Fe-Mn-Zn, Fe-Ni-Zn, Fe-Co-Ni-Cr, Fe-Co-Ni-P, Fe -Various alloy materials mainly composed of Fe, Co, Ni, such as -Co-B, Fe-Co-Cr-B, and Fe-Co-V. These include those added with elements such as Al, Si, Ti, Cr, Mn, Mg, and P for the purpose of imparting or improving various properties. [0062-0066]. The type of laser used for laser marking on the laser marking layer is not particularly limited, but far-infrared laser typified by CO .sub.2 laser, Nd: YAG laser, and near-infrared typified by Nd: YVO laser. Pulse laser, visible light pulse laser, excimer laser, Nd: YAG laser or Nd: YVO laser using third or fourth harmonic UV laser, semiconductor laser, femtosecond laser, picosecond laser, etc. It is done. In particular, the Nd: YAG laser and the Nd: YVO laser have advantages such as high output and high pulse stability. Further, the laser using the third harmonic or the fourth harmonic of the Nd: YAG laser or the Nd: YVO laser has advantages such as high resolution and UV light absorption of the marking material. In addition, an ultrashort pulse laser such as a femtosecond laser or a picosecond laser can break a molecular bond without bringing the material into a high temperature state, and thus writing without heat is possible [0086].
The combination of Lazzari 20130341900, in view of Fischer DE 10050553, DeHeij et al. EP 1607235 and Bergmann et al. 6179338 does not teach marking using a wide range of lasers or laser wavelengths.
It would have been obvious to one skilled in the art to modify the laser marking processes rendered obvious by the combination of Lazzari 20130341900, Fischer DE 10050553 and DeHeij et al. EP 1607235 and Bergmann et al. 6179338 by using far-infrared laser typified by CO .sub.2 laser, Nd: YAG laser, and near-infrared typified by Nd: YVO laser. Pulse laser, visible light pulse laser, excimer laser, Nd: YAG laser or Nd: YVO laser using third or fourth harmonic UV laser, semiconductor laser, femtosecond laser, picosecond laser, etc taught by Watabe et al. JP 2007304377 for laser marking holograms with a reasonable expectation of success based upon the similar processing of coating on holograms in IDs with lasers by O’Boyle et al. 20130082458.
Claims 7 and 8 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.
The prior art of record does not teach a colored filter layer to filter light in addition to the coloured printed layer, particularly one filtering laser exposures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin J Angebranndt whose telephone number is (571)272-1378. The examiner can normally be reached 7-3:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yu (Coris) Fung can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARTIN J. ANGEBRANNDT
Primary Examiner
Art Unit 1737
/MARTIN J ANGEBRANNDT/Primary Examiner, Art Unit 1737 June 22, 2026
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