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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-28) in the reply filed on 9/8/2025 is acknowledged.
Claim 29 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/8/2024 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Figures 1A-1F should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
-Claim 1, lines 5-6, “at least a first card panel, at least a first enveloping carrier panel, and at least a first informational panel” would be better recited as “a first card panel, a first enveloping carrier panel, and a first informational panel”.
-Claim 15, line 4 “folding the first card panel over and onto the second card panel” should instead be “folding the second card panel over and onto the first card panel” based on Claim 14.
- Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 4, 6-13 and 24-28 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding Claim 4, the claim recites “the entire product… is received by an initial recipient, the initial recipient thereafter detaching the enveloping carrier panel with at least the card attached thereto from the first informational panel and folding the enveloping carrier panel such that the enveloping carrier panel envelopes and secures at least the card therein”. The Applicant appears to be claiming further method steps of the recipient (human/person) receiving the product and performing further manipulation steps of the product. See also MPEP 2106.04(a)(2)(II) outlining organizing human activities as being abstract ideas.
Similarly, regarding Claims 6 and 7, the claims recite “the card is activated…by an initial recipient” and “monetized and activated by an initial recipient”, respectively. Again, the Applicant appears to be claiming further method steps including the recipient (human/person) and performing further manipulation steps/fundamental economic practices of the product. See also MPEP 2106.04(a)(2)(II) outlining economic practices and organizing human activities as being abstract ideas.
Regarding Claims 8-11, the claims outline details pertaining to monetization, activation, redemption, and authorization by a retailer, business or recipient. These claims therefore are viewed as abstract ideas specifically drawn to fundamental economic practices. See also MPEP 2106.04(a)(2)(II)(A).
Claim 12 depends from Claim 4 and therefore is also rejected.
Regarding Claim 13, the claim recites “the initial recipient chooses to omit securing the card within the enveloping carrier panel and redeems or gifts the card directly”. Again, the Applicant appears to be claiming further method steps of the recipient (human/person) performing further manipulation steps of the product as well as thinking (via choosing). See also MPEP 2106.04(a)(2)(II) and MPEP 2105.04(a)(2)(III) outlining human activities and mental processes as being abstract ideas.
Regarding Claims 24-28, each claim recites an initial recipient and/or end user (human/person) and/or recite fundamental economic practices (monetizing, gifting, redeeming, distributing, advertising, etc.) which are viewed as abstract ideas. See also MPEP 2106.04(a)(2)(II)(A).
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 2, 4-13, 17, 19, 21, 22, and 24-28 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.
Regarding Claim 2, line 3 recites “the card is easily detached”. This limitation renders the claim indefinite as it is unclear as to what can be readily viewed as “easily detached” and what such a limitation is intending to encompass.
Regarding Claim 4, the claim recites “the entire product… is received by an initial recipient, the initial recipient thereafter detaching the enveloping carrier panel with at least the card attached thereto from the first informational panel and folding the enveloping carrier panel such that the enveloping carrier panel envelopes and secures at least the card therein”. These limitations render the claim indefinite as it is unclear as to what/if any further method steps are being claimed. It is unclear if the claim is intending to encompass further steps of receiving the product, detaching the carrier panel, and folding the carrier panel or if these are just merely intended uses of the product. However, it is noted that the preamble of Claim 1 outlines “A process of manufacturing a promotional product” and such uses of the product would appear to be outside the scope of a “manufacturing” of the product. Note the 101 rejections above.
Similarly, Claims 5-13 recite further details of the product/use of the product but it is not readily clear if the Applicant is attempting to claim any further method steps. For example, Claim 5 recites “means for activating…is provided”. It is unclear if “is provided” is intending to encompass a step of providing for such “means for activating” or if the Applicant is merely requiring the carrier panel comprising such “means for activating” already. Further example is found in Claim 6 where the claim recites “the card is activated for monetary value” but this is unclear if this is intending to encompass a further step of “activating” or if this is merely an intended use of the product. Further Claim 6 recites “prior to enclosing and securing the card”. These steps were not previously defined and therefore it is unclear if these steps are attempting to also be positively claimed. It is noted that if the Applicant is attempting to claim a further method step, the claim should begin with the action term. For example, if claim 5 recited “providing a means for activating”, such renders it clear that Applicant is claiming a further step of providing. However, it is noted that the preamble of Claim 1 outlines “A process of manufacturing a promotional product” and such uses of the product would appear to be outside the scope of “manufacturing” the product but this is not readily clear as it is unclear what the Applicant is intending to include as steps of the claimed process.
Further regarding Claim 13, the claim recites “following card activation, the initial recipient chooses to omit securing the card within the enveloping carrier panel and redeems or gifts the card directly.”. This limitation renders the claim indefinite as no previous activation step is claimed and therefore it is unclear as to how there can be a further step after a step that has not happened. Further it is unclear as to what is meant by “gifts the card directly”.
Regarding Claim 17, the claim recites “cutting each of the first, second, and third card panels”. However, the “third card panel” lacks antecedent basis within the claim and therefore renders the claim indefinite.
Regarding Claim 19, the claim recites “the first, second, and third card panels are bonded… the cutting step comprises simultaneously cutting the first and second card panels to define the first and second partially cutout cards therein”. This limitation renders the claim indefinite as it is unclear as to whether or not the Applicant intends for the third card panel also to be cut in view of Claim 18, in which Claim 19 depends from.
Regarding Claim 21, the claim recites “the enveloping carrier panels of the enveloping carrier panel”. This limitation renders the claim indefinite as it is unclear as to how one “carrier panel” can include multiple carrier panels. Further “the enveloping carrier panels” lacks antecedent basis within the claim.
Regarding Claim 22, the claim recites “the enveloping carrier panel envelopes a card and the enveloping carrier panels are secured to each other using adhesive”. Again, “the enveloping carrier panels” lacks antecedent basis. Further, it is unclear whether Applicant is attempting to claim one or multiple panels.
Regarding Claims 24-28, it is unclear as to whether or not the Applicant is attempting to claim further method steps or merely intended use of the product that is formed. Again, it is noted that the preamble of Claim 1 outlines “A process of manufacturing a promotional product” and such uses of the product would appear to be outside the scope of manufacturing the product.
Further regarding Claim 25, the claim recites “the end user redeems at least one card”. This limitation renders the claim indefinite as it is unclear as to whether “at least one card” is referring to the same card as previously defined in Claim 1 and 24.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitations are interpreted as invoking 35 U.S.C. 112(f) and are interpreted as follows:
Claim 5, “means for activating and/or redeeming” is interpreted as comprising “unique I.D. dynamic QR codes, UPC, telephone numbers, or other dynamic alphanumeric codes, or NFC and/or RFID devices embedded within plies of the card 12, magnetic strips” or “a telephone number” or equivalents thereof in view of Para. [00110] of the specification.
The following claim limitations are interpreted as NOT invoking 35 U.S.C. 112(f) and are interpreted as follows:
-Claim 11, line 4, “means for enabling card activation and redemption” is NOT invoking 35 U.S.C. 112(f) as the means are defined in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 14-19, 23, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nader (US Patent 11,034,143-cited in IDS).
Regarding Claim 1, Nader discloses a process of manufacturing a promotional product (10; Figure 6F) comprising at least a first informational panel (carrier panel 114 “A”; Figures 6A-6B; note the carrier panels are printed on and therefore can be readily viewed as informational panels as well), enveloping carrier panel (panel 114 “B”), and at least one card (102) secured thereto, the process comprising:
providing (step 300; Figure 6A) a single, individual contiguous blank (100) having VDP images or text printed thereon (Col 8, line 58 through Col 9, line 8), the blank (100) comprising more than one panel (112, 114) including at least a first card panel (112 “C”), at least a first enveloping carrier panel (114 “B”), and at least a first informational panel (114 “A”; note although 114 “A” is referred to as a carrier panel, such panels also form informational panels after being printed thereon), the first card panel (112 “C”) and the first enveloping carrier panel (114 “B”) being contiguous along a fold line (106; Col 11, lines 12-19) therebetween and the first enveloping carrier panel and first informational panel being contiguous along a fold line (106) therebetween (Col 11, lines 12-19; as shown in Figure 6A; Col 13, lines 19-25);
cutting the first card panel (112 “C”) to at least partially define a first partial cutout card (102) therein such that the first partial cutout card (102) remains partially attached (via “ties” 104) to the first card panel (112; Col 11, lines 12-18 and Col 12, lines 47-60) and a first remaining portion (waste material 110) of the first card panel (112) surrounds the first partial cutout card (102; Col 10, line 66 through Col 11, line 5; Col 13, lines 40-44);
folding (step 302; Figure 6C) the first card panel (112) over and onto the first enveloping carrier panel (114 “B”) such that the first partial cutout card (102) is secured to the first enveloping carrier panel (114 “B”) with an adhesive (116; Col 13, lines 30-40);
removing (atep 322; Figure 6E) the first remaining portion (110) of the first card panel (112) so that the first remaining portion (110) is separated from the first partial cutout card (102; Col 13, lines 40-44, 59-66), the first partial cutout card (102) remains secured to the first enveloping carrier panel (114 “B”) and defines at least a portion of the card (102) of the product (10), and the first enveloping carrier panel (114 “B”) defines at least a portion of the enveloping carrier panel (114 “B”) of the product (10; Col 14, lines 6-14);
wherein at least the card (102), the enveloping carrier panel (114 “B”), and the first informational panel (114 “A”) are never physically separate or out of contact with one another throughout the process (Col 6, lines 43-45).
Regarding Claim 2, Nader discloses the fold line (106) between the enveloping carrier panel (114 “B”) and the first informational panel (114 “A”) comprises a perforation, cut, score, cut score or slit to create a line of weakness whereby the enveloping carrier panel (114 “B”) including the card (102) is easily detached from the first informational panel (114 “A”; note given that the fold lines 106 are formed with scores, the panels can be “easily” removed).
Regarding Claim 14, Nader discloses the blank (100) comprises a second card panel (112 “D”; Figure 8A) contiguous with the first card panel (112 “C”) and having a second fold line (106) therebetween (Col 14, lines 19-26), the process further comprising: folding (step 306; Figure 8B) the second card panel (112 “D”) over and onto the first card panel (112 “C”) such that the second card panel (112 “D”) is secured to the first card panel (112 “C”) with an adhesive (117a, 117b; Col 14, lines 29-52), wherein the card (102) comprises at least two plies (Col 14, lines 34-40), a first of the plies is the first partial cutout card (102) of the first card panel (112 “C”), and a second of the plies is a second partial cutout card (102) of the second card panel (112 “D”; Col 14, lines 29-52).
Regarding Claim 15, Nader discloses the cutting step comprises cutting each of the first and second card panels (112 “C” and 112 “D”) to define the first and second partially cutout cards (102 or respective panels) therein that remain partially attached to the first and second card panels (112 “C” and 112 “D”), respectively, the cutting step is performed prior to folding the first card panel (112 “C”) over and onto the second card panel (112 “D”), and the first and second partially cutout cards (102) are bonded to each other as a result of the folding step (Col 14, lines 29-52 and lines 65-67).
Regarding Claim 16, Nader discloses the first and second card panels (112 “C” and 112 “D”) are bonded to each other as a result of the folding step, the cutting step is performed after folding (step 306; Figure 8B or 310; Figure 9B) the first card panel (112 “C”) over and onto the second card panel (112 “D”), and the cutting step comprises simultaneously cutting the first and second card panels (112 “C” and 112 “D”) to define the first and second partially cutout cards (102) therein (Col 15, lines 1-7).
Regarding Claim 17, Nader discloses the cutting step comprises cutting each of the first, second, and third card panels (112 “C”, “D”, and “E”; Figures 10A, 10B) to define the first, second, and third card partially cutout cards (102 of each panel) therein that remain partially attached to the first, second, and third card panels (112 “C”, “D” and “E”), respectively, the cutting step is performed prior to folding the first card panel over and onto the second card panel and second card panel onto third card panel, and the first, second, and third partially cutout cards (102) are bonded to each other as a result of the folding step (Col 17, lines 33-38).
Regarding Claim 18, Nader discloses the blank (100) comprises a third card panel (112 “E”; Figures 10A-10B) contiguous with the second card panel (112 “D”) and having a fold line (106) therebetween, the process further comprising: folding (318; Figure 10B) the third card panel (112 “E”) over and onto the second card panel (112 “D”) and gluing the third card panel (112 “E”) to the second card panel (112 “D”) with an adhesive (117), wherein the card (102) comprises a plurality of plies, a first of the plies is the first partial cutout card of the first card panel (112 “C”), and a second of the plies is a second partial cutout card of the second card panel (112 “D”) and a third of the plies is a third partial cutout card of the third card panel (112 “E”; Col 15, lines 1-7; Col 16, lines 1-16; Col 17, lines 45-48).
Regarding Claim 19, Nader discloses the first, second, and third card panels (112 “C”, “D” and “E”) are bonded to each other as a result of the gluing and folding step (318), the cutting step (311; Figure 9C) is performed after folding the first card panel (112 “C”) over and onto the second card panel (112 “B”), and the cutting step (311) comprises simultaneously cutting the first and second card panels (112 “C”, “D”, “E”) to define the first and second partially cutout cards (102) therein (see Col 16, lines 1-20).
Regarding Claim 23, Nader discloses any of the card, the enveloping carrier panel (114 “B”), or the first informational panel (114 “A”) provide matching VDP unique I.D. and dynamic initial recipient or user-specific data information, including demographic, geographic or purchase history-based offers, advertisement, points of contact, addresses, graphics, or decorative elements (Col 8, lines 18-38 disclose several such data; see also Col 2, lines 46-59 and Col 7, lines 41-44).
Regarding Claim 26, Nader discloses the first informational panel and/or enveloping carrier panel with the card (102) attached therein is distributed to an initial recipient via direct mail (Col 7, lines 48-51).
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 3, 4, 13, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nader (US Patent 11,034,143-cited in IDS), in view of Lauer (US PGPUB 2005/0204600).
Regarding Claim 3, Nader discloses several features of the claimed invention but does not disclose the enveloping carrier panel is scored, perforated, or slit to create additional fold lines to facilitate secondary folding of the enveloping carrier panel to form an envelope containing the card.
Attention can be brought to the teachings of Lauer which includes a blank (15) comprising an information panel (65; Figure 1) connected to an enveloping carrier panel (70, 75) by a fold line (60), the enveloping carrier panel (70, 75; Figures 1-2) comprising an additional fold line (55) to facilitate secondary folding and securing (via slot 80; Para. 0022) of the enveloping carrier panel (70, 75) to form an envelope containing a card (20; Para. 0019).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the blank of Nader to include an information panel and two enveloping carrier panels as taught by Lauer. By modifying Nader in this manner, the card can be further secured to the carrier panel and in the event that the adhesives holding the card fails, the card will be further secured by the additional carrier panel. Further by incorporating multiple carrier panels in addition to an information panel, this allows for further customization of the finished package as outlined by Lauer (Para. 0032).
Regarding Claim 4, Nader discloses the entire product, comprising the first informational panel (114 “A”), the enveloping carrier panel (114 “B”), and at least the card (102) attached to the enveloping carrier panel (114 “B”), is received by an initial recipient but does not disclose the initial recipient thereafter detaching the enveloping carrier panel with at least the card attached thereto from the first informational panel and folding the enveloping carrier panel such that the enveloping carrier panel envelopes and secures at least the card therein.
Attention is brought to the teachings of Lauer which includes a blank (15) comprising an information panel (65; Figure 1) connected to an enveloping carrier panel (70, 75) by a fold line (60), the enveloping carrier panel (70, 75; Figures 1-2) comprising an additional fold line (55) to facilitate secondary folding and securing (via slot 80; Para. 0022) of the enveloping carrier panel (70, 75) to form an envelope containing a card (20; Para. 0019) and wherein the information panel (65) is detached from the carrier panels (70, 75; Para. 0019).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the blank of Nader to include two enveloping carrier panels and an informational panel that is detachable as taught by Lauer. By modifying Nader in this manner, incorporating multiple carrier panels in addition to an information panel, this allows for further customization of the finished package as outlined by Lauer (Para. 0032) and to allow for a more compact product, the information panel can be readily removed.
Regarding Claim 13, Nader, as modified, discloses several features of the claimed invention but does not readily disclose following card activation, the initial recipient chooses to omit securing the card within the enveloping carrier panel and redeems or gifts the card directly. Lauer further teaches the card being used by the initial customer (Para. 0014). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have activated a card and used the card as taught by Lauer as desired in the method of Nader.
Regarding Claim 20 (dependent on Claim 3), Nader, as modified, discloses the fold lines (106) within the enveloping carrier panel (112 “B”) are produced by scoring, cut scoring, slitting or perforation (Col 11, lines 18-20; Col 17, line 63 through Col 18, line 21).
Regarding Claim 21(dependent on Claim 3), Nader, as modified, specifically Lauer discloses the enveloping carrier panels (70, 75) of the enveloping carrier panel are secured to each other once folded onto each other by a slot (80) produced and strategically placed in the enveloping carrier panels (70, 75) such that an edge (of 70) of various panels (70, 75) align, once folded, with the slot (80) produced in adjacent panel (75) and are inserted into such slot, thereby securing adjacent panel (70, 75) onto each other (Para. 0022). Note although Lauer does not disclose multiple slots, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have incorporated multiple slots, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, paras. 0013, 0016, 0017, applicant has not disclosed any criticality for the claimed limitations.
Regarding Claim 22(dependent on Claim 3), Nader, as modified, discloses several features of the claimed invention but does not readily disclose the enveloping carrier panel envelopes a card and the enveloping carrier panels are secured to each other using adhesive and instead, Lauer teaches use of a slot (80) to secured the panels (70, 75; Para. 0022).
However, it would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was effectively filed to utilize adhesive to secure the carrier panels as taught by Lauer in Nader because Applicant has not disclosed that using adhesive provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with a slot or adhesive as in either instance the card will be enveloped.
Therefore, it would have been an obvious matter of design choice to modify Nader to obtain the invention as specified in the claim.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nader (US Patent 11,034,143-cited in IDS), in view of Lauer (US PGPUB 2005/0204600-cited IDS), as applied to Claim 4, in further view of Glass (US PGPUB 2013/0192105).
Regarding Claim 12, Nader, as modified by Lauer, discloses several features of the claimed invention but does not readily disclose instructions for folding and securing the card within the enveloping carrier panel are printed on the enveloping carrier panel and/or the informational panel. However, Lauer teaches several types of information/customization information on the information panel (65) thereof and further Glass teaches printed indicia on the panels including instructions (Para. 0041).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized instructions printed on the carrier or information panels as taught by Glass to perform the folding and securing in Nader. This is beneficial to render it easier for the end user to form the finished product including an enveloped card.
Claims 5-11, 24, 25, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Nader (US Patent 11,034,143-cited in IDS), in view of Kramer (US PGPUB 2015/0213438).
Regarding Claims 5-7, Nader discloses the card (102) being of a promotional type with means for connecting to a retail outlet (Col 1, lines 29-39) but does not readily disclose the card being a gift card, activated for monetary value, for redemption of some monetary value at an out of store location, prior to enclosing with in an enveloping panel, and is silent on means for activating and/or redeeming the monetary value of the cards is provided on the enveloping carrier panel, the card, and/or the first informational panel.
Attention is brought to Kramer which teaches a promotional product (Figures 5A-5B; see below) comprising gift cards, an envelope panel, and means for activation (i.e. activation system including bar code 7; Figure 1A; Para. 0078; also shown in Figure 5B) for activating and/or redeeming the monetary value of the cards is provided (Paras. 0029, 0078) and wherein the card is activated for monetary value by an initial recipient, for redemption of some monetary value at an out of store location (i.e. online; Para. 0011, 0035, 0099), at any time prior to enclosing and securing the card within the enveloping carrier panel (Para. 0065, 0084, 0088).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized the promotional product manufacturing process of Nader to provide a activatable and redeemable gift card system as taught by Kramer. By utilizing the process of Nader for such gift card systems, an activatable/redeemable gift card can be directly delivered to a potential gift giver in addition to an advertisement as taught by Kramer (Para. 0002) and such gift card systems can be readily manufactured in a contiguous blank which thereby decreases manufacturing costs as taught by Nader (i.e. Col 21, lines 9-31).
Regarding Claim 8, Nader, as modified, specifically Kramer discloses monetization, activation and redemption of the card are authorized and maintained on behalf of a retailer by a card issuer or other third-party (see abstract).
Regarding Claim 9, Nader, as modified, specifically Kramer discloses at least the card is pre-loaded with value or monetized by the card issuer on behalf of the retailer or an issuing business and the initial recipient prior to distribution (see Para. 0009, 0099 as it is outlined that the card is loaded by the initial recipient on behalf of the retailer).
Regarding Claim 10, Nader, as modified, specifically Kramer discloses activating and/or redeeming the monetary value of the card include the use of card issuer-provided websites, applications, or telephone numbers to activate and/or redeem the card prior to enclosing and securing the card within the enveloping carrier panel (i.e. see Para. 0011-0013).
Regarding Claim 11, Nader, as modified, specifically Kramer discloses activating and/or redeeming the monetary value of the card include VDP unique I.D. and dynamic Quick Response (QR) Codes, UPC type barcodes, magnetic strips, alphanumeric number sequences, NFC or RFID type electronic tags that are visible or concealed on or within the card (seen in Figure 5B), or means for enabling card activation and redemption using a computer, telephone or mobile device to enter or scan codes and access telephone call centers, online websites, or applications (i.e. Para. 0018, 0021, 0029, 0105)
Regarding Claims 24 and 25, Nader discloses mailing a finished (card 102 attached to envelope panel 114 “B”) to an end user (Col 22, lines 50-54). However, Nader does not readily disclose monetizing and activating the card by the initial recipient and the initial recipient gifting the envelope with the card attached therein to an end user, wherein the end user redeems at least one card online or at a physical retail store.
Attention is again brought to Kramer which teaches an initial recipient monetizing and activating a card, gifting the envelope with the card attached therein to an end user, wherein the end user redeems at least one card online or at a physical retail store (see Para. 0009 which outlines such steps).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized the promotional product manufacturing process of Nader to provide a activatable and redeemable gift card system as taught by Kramer. By utilizing the process of Nader for such gift card systems, an activatable/redeemable gift card can be directly delivered to a potential gift giver in addition to an advertisement as taught by Kramer (Para. 0002) and such gift card systems can be readily manufactured in a contiguous blank which thereby decreases manufacturing costs as taught by Nader (i.e. Col 21, lines 9-31).
Regarding Claim 27, Nader discloses several features of the claimed invention but does not readily disclose the first informational panel and/or enveloping carrier panel (114 “B”) with the card (102) attached therein is distributed to an initial recipient at a physical retail store.
As outlined above, Kramer teaches the use of gift card promotional products which can be purchased online or in a store (see abstract, Para. 0014).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized the promotional product of Nader such that it is sold to the initial recipient in the retail store as taught by Kramer. By modifying Nader in this manner, a gift card can be readily purchased by the recipient in a gift giving form.
Regarding Claim 28, Nader discloses several features of the claimed invention includes the first informational panel and/or the enveloping carrier panel with the card (102) attached therein is distributed to an initial recipient but does not disclose the product is distributed via inclusion with shipment of purchased goods or services.
Attention is brought to Kramer which teaches including such a promotional product (21; Figure 3A) with shipment of purchased goods (i.e. pizza box 20; Para. 0074). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included such promotional product of Nader with a shipment of purchased goods as taught by Kramer. By performing such inclusion of a product with a shipment of purchased goods, cost of delivery of such product can be reduced and further, such inclusion allows for further targeted advertising and a better chance of a gift card purchase.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. see “Notice of References Cited”.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 2/27/2026