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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/03/2025 has been entered.
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, 4-5, 9-17, 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finn (US 2014/0209691) in view of Bosquet (US 20110117838) and Ormiston (US 20200193250)
Finn discloses
1. A transaction card configured for contactless and contact transactions, comprising:
a top metal layer (metal face plate 122, 210, par. 231) having an upper surface and a bottom surface;
a magnetic platform disposed beneath the top metal layer (Figs. 1-2) comprising:
a magnetic layer (124, 223, 225, 240) having an upper surface, a bottom surface, and a periphery extending between the bottom surface and the upper surface of the magnetic layer, and
a thermoplastic perimeter layer (i.e. card body surrounding shields 930) having an upper surface, a bottom surface, and a cutout formed therein, wherein the magnetic layer is arranged in the cutout (920) of the thermoplastic perimeter layer such that the thermoplastic perimeter layer surrounds the periphery of the magnetic layer and such that the magnetic layer is not exposed, and wherein the thermoplastic perimeter layer and the magnetic layer are coplanar;
a first adhesive layer adhering the upper surface of the magnetic layer and the upper surface of the thermoplastic perimeter layer to the bottom surface of the top metal layer; a second adhesive layer adhering the bottom surface of the magnetic layer and the bottom surface of the thermoplastic perimeter layer to the antenna package layer;(Fig. 9A-9B: there is thermoplastic as card body surrounding and flush with the magnetic shield material for shielding portions of antennas; it is unclear the thermoplastic layer in Figs. 9 is a separate layer; Bosquet discloses a magnetic shield 16 surrounded by a separate layer of a card 20 and adhesives are used to bond the layers together; Fig. 1-2, abstract, par. 38-43; furthermore, it has been recognized that making separate parts are an obvious expedient; MPEP 2144.04, In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); in this case, the card body 910 in Figs. 9-9B of Finn can be made from separate layers as similar to those in Fig. 8; it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Bosquet for ease of manufacturing and putting together different components;)
an antenna package layer 250, 804 disposed beneath the magnetic platform (Fig. 2, 8-9); and a thermoplastic layer is disposed beneath the antenna package layer (Figs. 9).
Finn discloses the [0357] An additional feature which may improve the performance of smartcards, particularly smartcards having a metal faceplate, comprises the use of very thin metal foils (less than approximately 30 nm) or metallic films. Metal foils, metallic coatings, segments of metal foil or metal particles may be deposited on or embedded in the card body CB, or in or one or more layers thereof, to beneficially alter the electrical characteristics of the RFID device or smartcard. … [0358] The metal foil may comprise any pure metal such as aluminum or copper or an alloy.
Finn is silent to wherein the top metal layer is aluminum and has a conductivity greater than 10 million Siemens/meter and a yield strength between 40 and 60 ksi.
Ormiston discloses a card comprising multiple layers including an aluminum body with or without overlays (par. 20). [0025] In particular, the card body 102 may be made from various metallic materials, such as Aluminum, Tungsten, Steel, Titanium, etc. [0029] … Aluminum AA 6061-T6 is high strength and heat-treated alloy, and may provide the card body 102 with a yield strength of about forty (40) to forty-two (42) ksi.
It is noted that aluminum is inherently known to have a conductivity of 37-38 million Siemens/meter.
Thus, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate Ormiston’s teachings by making the top metal layer yielding a conductivity greater than 10 million Siemens/meter and a yield strength between 40 and 60 ksi in order to provide adequate strength, flexibility, and other desirable characteristics.
4.1, further comprising a thermoplastic layer comprising an upper side and a lower side, the upper side of the thermoplastic layer adhering to a side of the antenna package opposite the second adhesive layer (Figs. 1-2, 9).
5.1, wherein the antenna package layer includes an antenna layer sandwiched between two thermoplastic overlay layers (Fig. 1, 8-9).
9.1, further comprising a chip module in electronic communication with the antenna layer and configured to receive an activating radio frequency energy (i.e. par. 176-179, 362-363).
10.4, further comprising a bottom overlay layer disposed on the lower side of the thermoplastic layer, wherein the bottom overlay layer comprises a magnetic stripe (Fig. 1, par. 170-171).
11.4, further comprising a bottom overlay layer disposed on the lower side of the thermoplastic layer, wherein the bottom overlay layer is transparent (par. 212).
12.11, wherein thermoplastic layer comprises a graphic that is visible through the bottom overlay layer (this feature is considered an obvious extension of the prior art’s teachings as graphics are well known to be present on both sides of cards, see also par. 208, 361).
13.4, further comprising a bottom overlay layer disposed on the lower side of the thermoplastic layer, wherein the bottom overlay layer is thinner than the thermoplastic layer (although silent to the thickness, this is considered an obvious extension of prior art’s teachings as it is a matter of design choice at least on cost, effectiveness, and visibility).
Re claims 14-17, 20, see discussion regarding claims above. Finn further discloses that all layers are stacked and aligned in a vertical manner (Figs. 1-8)
21.1, wherein the magnetic layer is thinner than the top metal layer, and is 0.05mm to 0.2mm in thickness (par. 163: ferrite shield layer is 60 μm thick).
22.21, wherein the magnetic layer comprises ferrite sheet material (Fig. 1B).
23.1, wherein the cutout is formed entirely through the magnetic layer (Finn, Fig. 9B)
Re claim 24-25, see discussion regarding claims above.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of new ground of rejection.
Applicant argues that the prior art does not disclose a metal wherein the top metal layer is aluminum and has a conductivity greater than 10 million Siemens/meter and a yield strength between 40 and 60 ksi.
However, Ormiston in combination with Finn disclose that such features are well known in the art.
For these reasons, the previous rejection(s) is/are respectfully maintained.
Conclusion
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/THIEN T MAI/ Primary Examiner, Art Unit 2876