DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 16, 18-19 and 21-31 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2008/0042427 to Muke (“Muke”) in view of WO 2004/045857 A2 to Lucas et al. (“Lucas”).
Regarding claim 16, Muke discloses an identification document (e.g. security article 10, as shown in fig. 1 and discussed at para. 60; per claim 16, the security article can be a passport or other identification document) comprising a carrier element (e.g. layers 11-13, together, as shown in figs. 1-3 and discussed at para. 60), the carrier element (11-13, together) having a surface (e.g. upper surface of security article 10, as shown in fig. 1) with a personalization region (e.g. region of image 14, as shown in fig. 1), i) wherein a first personalization layer (e.g. color/part 21, as shown in figs. 2-3 and discussed at para. 60) is integrated in (figs. 1-3) the carrier element (11-13, together) in (compare figs. 1-3) the personalization region (aforementioned region of image 14) at a depth below (compare figs. 1-3) the surface (aforementioned upper surface of security article 10); and a second personalization layer (e.g. color/part 22, as shown in figs. 2-3 and discussed at para. 60) is located on and/or in (figs. 1-3) the surface (aforementioned upper surface of security article 10) in (compare figs. 1-3) the personalization region (aforementioned region of image 14); ii) wherein a laser additive (e.g. Iriodin LS pigments discussed at para. 37) is integrated in (para. 37) the second personalization layer (22) and/or in a protective layer (transparent polymeric material 13, as shown in figs. 1-3 and discussed at para. 60) arranged above (figs. 1-3) the second personalization layer (22), the laser additive (aforementioned Iriodin LS pigments) containing particles (e.g. particles of said Iriodin LS pigments) designed to absorb energy from a laser (para. 37; note that the instant claim is drawn to an identification document- not a method of operation thereof); iii) wherein the first personalization layer (21) is defined by a laser engraving (e.g. laser marking/ablation discussed at para. 18-20 and 63; note that ablation is a form of engraving; also note that the instant claim is drawn to an identification document- not a method of production thereof), which is embedded or integrated in (compare figs. 1-3) the carrier element (11-13, together) and is formed by at least partial carbonization (para. 37; note that the instant claim is drawn to an identification document- not a method of production thereof) of a material (e.g. aforementioned Iriodin LS pigments) of the carrier element (11-13, together); iv) wherein the laser additive (aforementioned Iriodin LS pigments) overlaps (compare figs. 1-3) the laser engraving (aforementioned laser marking/ablation discussed at para. 18-20 and 63) of the first personalization layer (21).
Muke does not disclose wherein the laser additive (aforementioned Iriodin LS pigments discussed at para. 37) is integrated or dispersed in color particles.
Lucas teaches the concept of providing a laser additive (e.g. Iriodin materials discussed at para. 22) integrated or dispersed in color particles (para. 22 and 15).
Given that Muke and Lucas both concern the provision and use of Iriodin materials within security applications, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the Muke Iriodin LS pigments in the Lucas particle form, in order to provide the benefit of yielding a resultant assembly having an ultimate aesthetic appearance as desired.
Regarding claim 18, Muke in view of Lucas discloses the identification document according to claim 16, wherein a laser additive (aforementioned Muke Iriodin LS pigments) is likewise present in (Muke para. 37) the carrier element (Muke 11-13, together) in a region (e.g. Muke region of color 21) of the first personalization layer (Muke 21).
Regarding claim 19, Muke in view of Lucas discloses the identification document according to claim 16, wherein the second personalization layer (Muke 22) is a color layer (note the name Muke “color/part 22”) and contains the color particles (aforementioned Lucas Iriodin particles).
Regarding claim 21, Muke in view of Lucas discloses the identification document according to claim 16, wherein the protective layer (Muke 13) is arranged above (Muke figs. 1-3) the second personalization layer (Muke 22) such that the protective layer (Muke 13) and the second personalization layer (Muke 22) partially or completely overlap (Muke figs. 1-3), and the laser additive (aforementioned Muke Iriodin LS pigments) is integrated in part or all of a surface area (e.g. spatial area of Muke color 23, as shown in figs. 2-3) of the protective layer (Muke 13).
Regarding claim 22, Muke in view of Lucas discloses the identification document according to claim 16, wherein at least one of the second personalization layer (Muke 22) and the protective layer (Muke 13) are printed (Muke para. 19).
Regarding claim 23, Muke in view of Lucas discloses the identification document according to claim 22, wherein at least one of the second personalization layer (Muke 22) and the protective layer (Muke 13) are obtained by printing by means of D2T2 printing, thermal transfer printing, inkjet printing and/or retransfer printing (Muke per para. 19, laser printing may be employed; note that laser retransfer printing is thereby permitted; also note that the instant claim is drawn to an identification document- not a method of forming such).
Regarding claim 24, Muke in view of Lucas discloses the identification document according to claim 16, wherein the protective layer (Muke 13) is arranged above (Muke figs. 2-3) the second personalization layer (Muke 22) in the form of a film (Muke figs. 2-3 and para. 27) or a coat of lacquer (note that the first alternative “in the form of a film” has been satisfied supra; as such, satisfying the “a coat of lacquer” second alternative is unnecessary).
Regarding claim 25, Muke in view of Lucas discloses the identification document according to claim 16, wherein the particles (aforementioned Lucas Iriodin particles) designed to absorb energy from a laser-comprise (the Office assumes that Applicants actually intend to recite “laser comprise” as opposed to “laser-comprise”) carbon black particles and/or metal oxide nanoparticles (Muke para. 37; note that the instant claim is drawn to an identification document- not a method of forming or operation of such).
Regarding claim 26, Muke in view of Lucas discloses the identification document according to claim 16, wherein a sensitization to laser beams in the carrier element (Muke 11-13, together) is set to be weaker (per Muke para. 63, each of the respective layers can be assigned laser radiations of different wavelengths for customization thereof; note that the instant claim is drawn to an identification document- not a method of operation of such) in a region of the first personalization layer (Muke 21) than in the second personalization layer (Muke 22) and/or the protective layer (Muke 13).
Regarding claim 27, Muke in view of Lucas discloses the identification document according to claim 16, wherein the first personalization layer (Muke 21) contains a black portion (Muke fig. 3) and the second personalization layer (Muke 22) contains a colored portion (note the name Muke “color 22”) of a color image (e.g. Muke multicolored image 14, as discussed at para. 60 and shown in fig. 1) and are aligned overlapping one another in register (Muke figs. 2-3) in a direction (e.g. thickness) normal to a horizontal plane defined by the surface (compare Muke figs. 1-3) of the carrier element (Muke 11-13, together).
Regarding claim 28, Muke in view of Lucas discloses the identification document according to claim 16, wherein the identification document (Muke 10) is in the form of a card (Muke para. 1) or a data carrier (Muke para. 1).
Regarding claim 29, Muke discloses a system arrangement (e.g. laser writing apparatus of fig. 11 and para. 57 used to execute manufacturing operation discussed at para. 1) for personalizing (para. 2) an identification document (e.g. security article 10, as shown in fig. 1 and discussed at para. 60; per claim 16, the security article can be a passport or other identification document), comprising: a) a first device (e.g. portion of laser writing apparatus of fig. 11 and para. 57 used to execute formation of security article 10 operation discussed at para. 60) for providing (para. 60) a carrier element (e.g. layers 11-13, together, as shown in figs. 1-3 and discussed at para. 60) with a surface (e.g. upper surface of security article 10, as shown in fig. 1) which has a personalization region (e.g. region of image 14, as shown in fig. 1); b) a second device (e.g. portion of laser writing apparatus of fig. 11 and para. 57 used to execute formation of color/part 21 operation discussed at para. 60) for creating (para. 60) a first personalization layer (e.g. color/part 21, as shown in figs. 2-3 and discussed at para. 60) in (figs. 1-3) the carrier element (11-13, together) in (compare figs. 1-3) the personalization region (aforementioned region of image 14) at a depth below (compare figs. 1-3) the surface (aforementioned upper surface of security article 10) by means of laser engraving (e.g. laser marking/ablation discussed at para. 18-20 and 63); c) a third device (e.g. portion of laser writing apparatus of fig. 11 and para. 57 used to execute formation of color/part 22 operation discussed at para. 60) for creating (para. 60) a second personalization layer (e.g. color/part 22, as shown in figs. 2-3 and discussed at para. 60) on and/or in (figs. 1-3) the surface (aforementioned upper surface of security article 10) of the carrier element (11-13, together) in the personalization region (aforementioned region of image 14); d) wherein the third device (aforementioned portion of laser writing apparatus of fig. 11 and para. 57 used to execute formation of color/part 22 operation discussed at para. 60) for creating (para. 60) the second personalization layer (22) is configured to integrate (para. 37) a laser additive (e.g. Iriodin LS pigments discussed at para. 37) in the second personalization layer (22), the laser additive (aforementioned Iriodin LS pigments) containing particles (e.g. particles of said Iriodin LS pigments) designed to absorb energy from a laser (para. 37; note that the instant claim is drawn to a system arrangement- not a method operation of a laser additive); and/or is configured to apply a protective layer, containing the laser additive, above the second personalization layer; e) wherein the laser additive (aforementioned Iriodin LS pigments) overlaps (compare figs. 1-3) the laser engraving (aforementioned laser marking/ablation discussed at para. 18-20 and 63) of the first personalization layer (21).
Muke does not disclose wherein the laser additive (aforementioned Iriodin LS pigments discussed at para. 37) is integrated or dispersed in color particles.
Lucas teaches the concept of providing a laser additive (e.g. Iriodin materials discussed at para. 22) integrated or dispersed in color particles (para. 22).
For the reasons set forth in the rejection of claim 16, supra, it would have been obvious to provide the Muke Iriodin LS pigments in the Lucas particle form.
Regarding claim 30, Muke discloses a method (para. 1) for personalizing (para. 2) an identification document (e.g. security article 10, as shown in fig. 1 and discussed at para. 60; per claim 16, the security article can be a passport or other identification document), comprising the following steps: i) a step A of providing a carrier element (e.g. layers 11-13, together, as shown in figs. 1-3 and discussed at para. 60) with a surface (e.g. upper surface of security article 10, as shown in fig. 1) which has a personalization region (e.g. region of image 14, as shown in fig. 1); ii) a step B of creating a first personalization layer (e.g. color/part 21, as shown in figs. 2-3 and discussed at para. 60) in (figs. 1-3) the carrier element (11-13, together) in (compare figs. 1-3) the personalization region (aforementioned region of image 14) at a depth below (compare figs. 1-3) the surface (aforementioned upper surface of security article 10) by means of laser engraving (e.g. laser marking/ablation discussed at para. 18-20 and 63); iii) a step C of creating a second personalization layer (e.g. color/part 22, as shown in figs. 2-3 and discussed at para. 60) on and/or in (figs. 1-3) the surface (aforementioned upper surface of security article 10) of the carrier element (11-13, together) in (compare figs. 1-3) the personalization region (aforementioned region of image 14); iv) wherein the method, in step C, comprises a step C1 of integrating (para. 37) a laser additive (e.g. Iriodin LS pigments discussed at para. 37) in the second personalization layer (22), the laser additive (aforementioned Iriodin LS pigments) containing particles (e.g. particles of said Iriodin LS pigments) designed to absorb energy from a laser (para. 37); and/or comprises a step C2 of arranging a protective layer, containing the laser additive, above the second personalization layer; v) wherein the laser additive (aforementioned Iriodin LS pigments) overlaps (compare figs. 1-3) the laser engraving (aforementioned laser marking/ablation discussed at para. 18-20 and 63) of the first personalization layer (21).
Muke does not disclose wherein the laser additive (aforementioned Iriodin LS pigments discussed at para. 37) is integrated or dispersed in color particles.
Lucas teaches the concept of providing a laser additive (e.g. Iriodin materials discussed at para. 22) integrated or dispersed in color particles (para. 22).
For the reasons set forth in the rejection of claim 16, supra, it would have been obvious to provide the Muke Iriodin LS pigments in the Lucas particle form.
Regarding claim 31, Muke in view of Lucas discloses the identification document according to claim 28, wherein the identification document (Muke 10) is in the form of a passport (Muke para. 1), a personal ID card (Muke para. 1), a driver's license (Muke para. 1), a bank card, a label and/or an access card.
Response to Arguments
Applicants’ material amendments to the independent claims (introducing the previously presented claim 20 limitations into the respective independent claims, absent the content of claim 19, from which claim 20 depended, thus materially altering the scope of the claimed invention) have led to an altered understanding of the exact nature of the claimed invention. As such, a further search of the pertinent areas of prior art was executed. Within said search, the aforementioned Lucas reference was identified. Accordingly, Applicants’ arguments have been considered, but are moot because the new ground of rejection relies on a combination of prior art that is not specifically challenged in Applicants’ arguments.
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 JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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