DETAILED ACTION
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 1, 3, and 6-12, 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.
The claims contain several redundant terms, which are previously recited in claim 15, from which they depend. Several terms lack proper antecedent basis from claim 15 and redundantly introduced.
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.
Claims 1, 3, 6-12, and 15, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koda et al. (WO 2018/043749) referenced via English Translation (US 2021/0300106).
In respect to claims 1, 3, and 15, Koda et al. disclose a data carrier comprising: a carrier body 10 comprising a top surface; at least one personalization element (e.g. laser engraving (0089)] 340 being arranged on the top surface of the carrier body 10; and at least one security element 330 at least partially arranged in/on the top surface of the personalization element 340 as an integral component, and at least partially within the carrier body 10 (0355-0356; Fig. 33). Koda et al. disclose the security element corresponds to a relief structure (Fig. 33) or may additionally comprise a marking element (e.g. in the carrier body) (0356). Koda et al. disclose that the data carrier has an extension axis (E) (y-axis) and the security element 330 extending continuously across a perpendicular transverse axis (T) (Fig. 37) (Wherein at least the element “4” extends continuously across the boundary of both features) the security element being an integral constituent of the personalization element 340 and the carrier body 10; the security element may be formed by electromagnetic radiation e.g. laser-engraving (0089).
In respect to the amended subject matter, Koda et al. discloses 1) providing the carrier body 2) providing a personalization element on top of the carrier body and 3) generating a security element on and/in both the personalization element and the carrier body, in that order (0355-0356; Fig. 33).
In respect to claims 6-8, Koda et al. disclose the ranges claimed (0128-0130).
In respect to claim 9, Koda et al. disclose that the personalization element may comprise a layer 20 which may be carbonized (inferring a “reactive element”) by laser energy (0222-0223).
In respect to claim 10, Koda et al. disclose that the carrier body 10 may comprise a plastic (0097).
In respect to claim 11, Koda et al. disclose that the personalization element 340 of the particularly embodiment discussed above, which is generically identified as 20 (both are referred to as the “information display medium”) which can be a variety of shapes (images) (0087).
In respect to claim 12, Koda et al. disclose that the security element 330 creates a visual contrast with both the carrier body and the personalization element 340 (Fig. 41).
Response to Arguments
Applicant's arguments filed 10/15/25 have been fully considered but they are not persuasive.
The applicant argues that “[t]his sequencing of steps [the steps added to claim 15] is never disclosed by Koda”, which is not factual. Koda clearly discloses “an information display region [personalization element] 340 is formed in the substrate”, which provides explicit disclosure of first providing a substrate, and then providing the personalization element on the top of the substrate (Fig. 33), then generating a security element on and/in both the personalization element and the carrier body (0329; Fig. 33). Figure 33 (as well as Figure 34) clearly show a security element seamless provided between the carrier body and the personalization element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-Th 8am-6pm.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637
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