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 .
Response to Arguments
Applicant’s arguments, see page 4, filed September 18th, 2025, with respect to the claim rejection under 35 U.S.C. §112 have been considered and are accepted. The claim rejection under 35 U.S.C. §112 have been withdrawn.
Applicant’s arguments, see pages 12-14, filed April 14, 2022, with respect to the claim rejections under 35 U.S.C. §102 & 35 U.S.C. §103 have been considered but are moot because the new grounds of rejection are necessitated by Applicant’s amendments, the instant Office action has been made final.
Response to Amendment
This office action is in response to the amendments and / or remarks filed on September 18th, 2025. Claims 1-13 remain pending and are currently being examined.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
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 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.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Minn et al. (US 20130276943 A1), in view of Whichel (US 20160073747 A1), and further in view of Cohen et al. (US 20170303650 A1).
Regarding Claim 1, Minn et al. teaches a wallet (10), wherein at least one elastic band (16) is configured to bias a multilayered ([0055]-[0056]) plate (12) against a second plate (14) positioned in parallel to the multilayered ([0055]-[0056]) plate (12) and connected to the first plate (12) only via the at least one elastic band (16) and a material layer (44A). (Figs. 1-5; [0040], [0055]-[0056])
Minn et al. does not teach a multi-layer plate comprising: a substrate layer, a polymeric layer, a material layer including a soft material, bonded to the substrate layer by the polymeric layer; or where the material layer is less than 1mm thick.
Regarding the layers, Whichel teaches a wallet (100) including: a multi-layer plate (16, 25) comprising: a substrate layer (16, 25), a polymeric layer (wherein Whichel teaches “one or more of the elements that comprise the device 100 may be coupled or connected together with heat bonding, chemical bonding, adhesives”), and a material layer (20, 30) including a soft material (wherein Whichel teaches “A flexible material may comprise leather made of various animal skins”), bonded to the substrate layer by the polymeric layer (wherein Whichel teaches “one or more of the elements that comprise the device 100 may be coupled or connected together with heat bonding, chemical bonding, adhesives”). (Figs. 1-15; [0032]-[0034], [0040]-[0041], [0052]-[0053])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the wallet as taught by Minn et al., and substitute the plates for multilayered plates with a polymeric layer as taught by Whichel. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute multi-layer plates for multi-layered plates with a bonded polymeric layer, in order to obtain the desired properties by providing for a bonded soft layer, material layer, and polymeric layer.
Regarding the thickness, Cohen et al. further teaches a flexible card carrier wherein the material layer (612) is less than 1mm thick (wherein Cohen et al. teaches “wherein the device 102 has a thickness of about 0.3 mm.”) (Fig. 6; [0033])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to the wallet as taught by Whichel, and provide for a material thickness of less than 1mm as taught by Cohen et al. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide to provide a wallet with a material layer having a thickness of less than 1mm, in order for the wallet to have a minimal profile for easy storage.
Regarding Claim 2, Minn et al., modified above, teaches all of the elements of the invention described in claim 1 above except; wherein the substrate layer includes fiberglass.
Whichel further teaches wherein the substrate layer includes fiberglass (wherein Whichel teaches “Substantially rigid materials may include rigid plastics, such as nylon, vinyl, polyvinyl chloride (PVC), polypropylene (PP), low density polyethylene (LDPE), hard rubbers, resins, ceramics, wood, carbon fiber, glass, metals and metal alloys, or any other inflexible materials, and materials that resists flexing including combinations of materials.”, and Whichel further teaches “In some embodiments, the reinforcement plate 25 may be made from the same material as the lock tab 16”). (Figs. 13-15; [0042], [0052])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the wallet as taught by Minn et al., and substitute the plates for multilayered plates with fiberglass as taught by Whichel. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute multi-layer plates for multi-layered plates with fiberglass in order to provide the plate with an insulation layer.
Regarding Claim 3, Minn et al., modified above, teaches all of the elements of the invention described in claim 1 above except; wherein the polymeric layer is an adhesive.
Whichel further teaches wherein the polymeric layer is an adhesive (wherein Whichel teaches “A portion of the reinforcement plate 25 may be coupled to the first half 20 of the foldable element 11 by a fastener 17 such as by stitching, adhesive, or the like.”) (Figs. 13-15; [0052])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the wallet as taught by Minn et al., and substitute the plates for multilayered plates with a polymeric layer being an adhesive as taught by Whichel. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute multi-layer plates for multi-layered plates with an adhesive polymeric layer, in order to provide for bonding layer between the plurality of layers on the multi-layered plate.
Regarding Claim 4, Minn et al., modified above, teaches all of the elements of the invention described in claim 1 above except; wherein the soft material is leather.
Whichel further teaches wherein the soft material (20, 30) is leather. (Wherein Whichel teaches “A flexible material may comprise leather made of various animal skins, natural”). (Figs. 13-15; [0034])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to the wallet as taught by Minn et al., modified above, and provide for soft material leather layer as taught by Whichel. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a soft material layer comprising leather, in order to provide for a leather aesthetic to the wallet.
Regarding Claim 5, Minn et al., modified above, teaches all of the elements of the invention described in claim 4 above except; wherein the leather is natural leather, bonded leather, or synthetic leather.
Whichel further teaches wherein the leather is natural leather, bonded leather, or synthetic leather. (Wherein Whichel teaches “A flexible material may comprise leather made of various animal skins, natural”). (Figs. 13-15; [0034])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to the wallet as taught by Minn et al., modified above, and provide for soft material leather layer as taught by Whichel. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a soft material layer comprising leather, in order to provide for a leather aesthetic to the wallet.
Regarding Claim 6, Minn et al., modified above, teaches all of the elements of the invention described in claim 1 above;
Minn et al. further teaches wherein a substrate layer (44B) includes a rigid plate (wherein Minn et al. teaches “carbon fiber layers 44A and 44B”). (Fig. 5; [0056])
Regarding Claim 7, Minn et al., modified above, teaches all of the elements of the invention described in claim 6 above;
Minn et al. further teaches wherein the rigid plate (12) includes a top edge (1 in Annotated Figure 1 below), a bottom edge (2 in Annotated Figure 1 below), a first side edge (3 in Annotated Figure 1 below), and a second side edge (4 in Annotated Figure 1 below). (Figs. 1-5; [0055]-[0056])
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Regarding Claim 8, Minn et al., modified above, teaches all of the elements of the invention described in claim 7 above;
Minn et al. further teaches wherein the material layer (44A) extends substantially to the top edge (1 in Annotated Figure 1 above) of the rigid plate (44B). (Figs. 1-5; [0055]-[0056])
Regarding Claim 9, Minn et al., modified above, teaches all of the elements of the invention described in claim 7 above;
Minn et al. further teaches wherein the material layer (44A) extends substantially to the bottom edge (2 in Annotated Figure 1 above) of the rigid plate (44B). (Figs. 1-5; [0055]-[0056])
Regarding Claim 10, Minn et al., modified above, teaches all of the elements of the invention described in claim 7 above;
Minn et al. further teaches wherein the material layer (44A) extends substantially to the first side edge (3 in Annotated Figure 1 above) of the rigid plate (44B). (Figs. 1-5; [0055]-[0056])
Regarding Claim 11, Minn et al., modified above, teaches all of the elements of the invention described in claim 7 above;
Minn et al. further teaches wherein the material layer (44A) extends substantially to the second side edge (4 in Annotated Figure 1 above) of the rigid plate (44B). (Figs. 1-5; [0055]-[0056])
Regarding Claim 12, Minn et al., modified above, teaches all of the elements of the invention described in claim 6 above except; wherein the rigid plate includes a channel configured to accommodate an elastic band.
Minn et al. further teaches wherein the rigid plate (44B) includes a channel (26) configured to accommodate an elastic band (16). (Figs. 1-5; [0038]-[0040])
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Minn et al. (US 20130276943 A1), in view of Whichel (US 20160073747 A1), and further in view of Cohen et al. (US 20170303650 A1), as applied to claim 6 above, and further in view of Beckley (US 20140060712 A1).
Regarding Claim 13, Minn et al., modified above, teaches all of the elements of the invention described in claim 6 above except; wherein the rigid plate includes a channel configured to accommodate a money clip.
Beckley further teaches a wallet (5) with a rigid plate (22) including a recess (15) configured to accommodate a money clip (3). (Fig. 1; [0038])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to the wallet as taught by Minn et al., modified above, and provide for a channel configured to accommodate a money clip as taught by Beckley. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide to provide for a channel for a money clip, in order for the user to conveniently readily accessible contents on the exterior of the wallet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Blanchard (US 1230100 A), teaches a bill fold.
Preston-Hall (US 20090211062 A1). Teaches a currency carrying device.
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 extension fee pursuant to 37 CFR E 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R CAUDILL whose telephone number is (303)297-4349. The examiner can normally be reached on Monday-Friday 8:30-5:30 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached on (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN CAUDILL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 20 November 2025