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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/04/2026 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 6-7, 10-11, 13, 16-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Swain (2010/0213092) in view of Pazlar et al (2012/0145578).
As to claim 1, Swain discloses a stored value card and carrier system (100), comprising: a carrier including first (110) and second panels (120), the first and second panels coupled together to define a chamber therein having four sides, the chamber being sealed on each of the four sides (glue is apply to the glue zone 123 which comprises around the edge of both panels 110 and 120) such that egress to an interior of the chamber is substantially prevented; and a stored value card (20) having one or more activation indicia displayed thereon, the stored value card situated within the chamber and adhered to at least one inner surface of the chamber (the gift card is attached to the panel 120); the carrier includes a removable pull-tab (160) defined in the second panel (120), the removable pull-tab at least partially covering the one or more activation indicia of the stored value card ([0029]), wherein accessing of the one or more activation indicia of the stored value card necessarily corresponds with destruction of at least one of the first and second panels (by peeling off the tear strip 160 to access to the bar code on the gift card sealed inside [0020]). However, Swain does not specifically disclose the pull tab that partially covering the stored value card is directly adhered to the removable pull-tab. Nevertheless, Pazlar discloses a secure prepaid card packaging assembly (Figure 3A) comprises a first (110) and second panels (112) the first and second panel coupled together to define a chamber therein having a four sides (Figure 3A shows a chamber holding the store value card (116), the first panel (110) further comprises a tear strip (118) formed on an interior portion of the first panel (110) or the second panel (112 [0020]) and an adhesive (350) applied to a removably adhered the prepaid card (116) to removably adhered the prepaid card 116) to the interior side of the first panel 110, as shown in Figure 3A), furthermore, the adhesive 350 is applied on the tear strap 118 of the first panel 110 to adhered to the prepaid card (116). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tear strip of Swain with adhesive from on the tear strip that adhered to the stored value card as taught by Pazlar in to provide stabilize the store value card inside the sealed package to prevent any indicia being remove by friction against the interior surface of the package if one person decide to shake the carrier system.
As to claim 3. Swain as modified further discloses the one or more activation indicia (bar code) are displayed on a first side (first side being considered the side attached to the panel 120) attached to the surface of the stored value card and the first side of the stored value card is adhered to the at least one inner surface of the chamber (the first side is adhered to the panel 120 via fugitive glue or double sided sticky label or glue dot [0015]).
As to claim 6, Swain further discloses at least portions of the stored value card surrounding the one or more activation indicia are adhered to the removable pull-tab (the stored value card is adhered to the second panel, therefore, the stored value card surrounding the one or more activation indicia are adhered to the removable pull-tab).
As to claim 7, Swain further discloses the removable pull-tab includes first and second perforated edges (the scored through the panel 120, forming the perforation line )coupling the removable pull-tab to the remaining portions of the either first or second panel, wherein accessing of the one or more activation indicia of the stored value card necessarily corresponds with destruction of at least the removable pull-tab([0019-0020]).
As to claim 10, Swain further discloses at least one of the first and second panels includes a plurality of slits (170), the plurality of slits located adjacent to at least a portion of the four sides of the chamber.
As to method claims 11, 13, 16-17 and 20, all recited structures of the stored value card and carrier are disclosed by Swain (2010/0213092) and Pazlar et al (2012/0145578) as discussed in the rejections of claims 1, 3, 6-7 and 10 above. The method of manufacturing the store value card and the carrier is rendered obvious to one of ordinary skill in the art by the obvious method of manufacturing the carrier of Swain as modified.
Claims 2, 4, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Swain (2010/0213092) and Pazlar et al (2012/0145578), further in view of Tang (7,011,249).
As to claim 2 , Swain as modified further discloses that the first panel 110 has a rectangular area 112 which a terms and condition pamphlet “may be” attached with fugitive glue. Without the need of pamphlet, the adhesive on the first panel can be attached to the surface without the bar code. If applicant does not agree with such assumption. Tang discloses a card carrier (100) with a card sandwich between two panels (110 and 120) the card (160) may be secured to both the front and rear panels 110 and 120 using an adhesive (column 4, lines 4-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify both the first side and second side of the stored value card of Swain being attached to the first and second inner surface of the carrier as taught by tang in order to provide additional security to the card attached to the carrier to reduce the possible drop out of the card if one side is release from the first inner surface.
As to claim 4, Swain as modified further discloses the one or more are activation indicia are displayed on a first side of the store card and adhered to the inner surface of the panel (120) and a second side of the stored value card being opposite the first side, but Swain does not disclose a second side of the store value card is attached to the at least one inner surface. Swain further discloses that the first panel 110 has a rectangular area 112 which a terms and condition pamphlet “may be” attached with fugitive glue. Without the need of pamphlet, the adhesive on the first panel can be attached to the surface without the bar code. Furthermore, Tang discloses a card carrier (100) with a card sandwich between two panels (110 and 120) the card (160) may be secured to both the front and rear panels 110 and 120 using an adhesive (column 4, lines 4-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify both the first side and second side of the stored value card of Swain being attached to the first and second inner surface of the carrier as taught by tang in order to provide additional security to the card attached to the carrier to reduce the possible drop out of the card if one side is release from the first inner surface.
As to method claims 12 and 14, all recited structures of the stored value card and carrier are disclosed by Swain (2010/0213092) and Tang (7,011,249).as discussed in the rejections of claims 2 and 4 above. The method of manufacturing the store value card and the carrier is rendered obvious to one of ordinary skill in the art by the obvious method of manufacturing the carrier of Swain as modified.
Claims 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Swain (2010/0213092) and Pazlar et al (2012/0145578), in view of Tang (7,011,249) and Pascua et al (10,276,070).
As to claim 8-9, Swain does not disclose a label adhered to the stored value card at least partially covering the one or more activation indicia, wherein a first side of the stored value card displaying the one or more activation indicia is adhered to a first inner surface of the chamber and a second side of the stored value card is adhered to a second inner surface of the chamber. Nevertheless, Tang discloses a card carrier (100) with a card sandwich between two panels (110 and 120) the card (160) may be secured to both the front and rear panels 110 and 120 using an adhesive (column 4, lines 4-7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify both the first side and second side of the stored value card of Swain being attached to the first and second inner surface of the carrier as taught by tang in order to provide additional security to the card attached to the carrier to reduce the possible drop out of the card if one side is release from the first inner surface.
With regarding to a label adhered to the stored value card to at least partially covering the one or more activation indicia. Pascua discloses a stored value card comprises a label (tamper evident label 1206, Figure 14) which adhered to the stored value card to at least partially covering the one or more activation indicia (column 12, lines 6-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the store value card of Swain with addition label (1206) which covers the activation indicia as taught by Pascua in order to provide secondary protection measure to the store value card from activation without physically remove the tab and the label.
As to method claims 18 and 19, all recited structures of the stored value card and carrier are disclosed by Swain (2010/0213092), Tang (7,011,249) and Pascua (10,276,070) as discussed in the rejections of claims 8-9 above. The method of manufacturing the store value card and the carrier is rendered obvious to one of ordinary skill in the art by the obvious method of manufacturing the carrier of Swain as modified.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 6-14 and 16-20 have been considered but are moot in view of the new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736