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 .
DETAILED ACTION
This office action is in response to application 18/699,630 filed 4/9/24. Claims 1-15 are pending with claims 1, 11 and 12 in independent form.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-3 and 5-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buyukkalender et al. EP 3671564 A1 (as cited by applicant – machine translation of description attached).
Buyukkalender teaches:
Re: claim 1, A data carrier (the RF chip card made from the insert 1A) comprising:- at least one carrier body (the covering layers laminated to the metallic layer 2; [0051]), - at least one electronic module (M1 [0030] indicated by the dotted outline 12 in fig. 1), - at least one antenna (coil 8), and - at least one metallic layer (2, 2s), wherein the electronic module (M1) is at least partially arranged in the carrier body, wherein the antenna (coil 8) is in connection with the electronic module (M1), wherein the metallic layer (2, 2s) comprises at least one recess (11), and wherein the antenna (coil 8) comprises an electrically conducting wire ([0045]) that is at least partially arranged in the recess (11), wherein at least part of the metallic layer (2, 2s) is part of the antenna ([0032], [0059]).
Re: claim 2, The data carrier according to claim 1, wherein the wire (conductive wire [0045]) is wound as a coil (coil 8) comprising one or more windings, preferably a plurality of windings ([0045]).
Re: claim 3, The data carrier according to claim 2, wherein the metallic layer (2, 2s) constitutes an initial winding or a terminal winding of the antenna ([0032], [0059]).
Re: claim 5, The data carrier according to claim 1, wherein the antenna (coil 8) is configured such that a coupling, in particular an inductive coupling, is established between the metallic layer and the wire (coil 8 is arranged in proximity to edge of opening 11; [0039], [0057]), and/or wherein a lateral distance between an edge of the metallic layer delimiting the recess and the wire is between 0.05 millimeter and 6 millimeter, more preferably between 0.1 millimeter and 3 millimeter.
Re: claim 6, The data carrier according to claim 1, wherein the data carrier comprises an RFID device ([0003], [0005]), and wherein the RFID device comprises the electronic module (M1) and the antenna (coil 8, 2s).
Re: claim 7, The data carrier according to claim 1, wherein the data carrier defines a cross-section with respect to a horizontal direction, and wherein the metallic layer (2, 2s) extends at least partially, preferably entirely along the cross-section of the data carrier with respect to the horizontal direction (fig. 1).
Re: claim 8, The data carrier according to any one of the preceding claims, wherein the metallic layer has the shape of a plate (metal plate 2), and/or wherein the metallic layer comprises or consists of one or more metals and/or one or more metal-containing compounds, and/or wherein the metallic layer is electrically conducting ([0025]).
Re: claim 9, The data carrier according to claim 1, wherein the carrier body comprises or consists of one or more polymers and/or plastics, preferably one or more thermoplastics and/or one or more transparent polymers, the one or more polymers preferably being polycarbonate and/or polyvinyl chloride and/or polyethylene terephthalate, and/or wherein the data carrier furthermore comprises at least one insert element, and wherein the wire and/or the electronic module are at least partially arranged in the insert element, and/or wherein the insert element is at least partially arranged in the recess (the insert element, wire and module correspond to the resin filling the recess 11 ([0051], the wire forming the coil 8 and the module M1).
Re: claim 10, The data carrier according to claim 1, wherein the wire comprises two free ends (fig. 1, ends 4 and 5), and wherein the wire is connected to the metallic layer (2, 2s) in a region of one of its free ends and a region of its other free end is preferably connected to the electronic module, or wherein the wire is connected to the metallic layer in regions of both of its free ends (fig. 1, ends 4 and 5).
Re: claim 11, A secure article comprising or consisting of at least one data carrier the secure article preferably being a smart card, a passport or an identity card ([0003]), wherein said data carrier comprises: at least one carrier body (the covering layers laminated to the metallic layer 2; [0051]); at least one electronic module (M1 [0030] indicated by the dotted outline 12 in fig. 1); at least one antenna (coil 8); and at least one metallic layer (2, 2s), wherein the electronic module (M1) is at least partially arranged in the carrier body, wherein the antenna (coil 8) is in connection with the electronic module (M1), wherein the metallic layer (2, 2s) comprises at least one recess (11), and wherein the antenna comprises an electrically conducting wire that is at least partially arranged in the recess, characterized in that at least part of the metallic layer is part of the antenna ([0045]) that is at least partially arranged in the recess (11), wherein at least part of the metallic layer (2, 2s) is part of the antenna ([0032], [0059]).
Re: claim 12, A method of producing a data carrier (the RF chip card made from the insert 1A), wherein the method comprises the steps of: Providing at least one carrier body (the covering layers laminated to the metallic layer 2; [0051]), Providing at least one electronic module (M1 [0030] indicated by the dotted outline 12 in fig. 1), Providing at least one antenna (coil 8), and Providing at least one metallic layer (2, 2s), wherein the electronic module (M1) is at least partially arranged in the carrier body, wherein the antenna (coil 8) is in connection with the electronic module (M1), wherein the metallic layer (2, 2s) comprises at least one recess (11), and wherein the antenna (coil 8) comprises an electrically conducting wire that is at least partially arranged in the recess, wherein at least part of the metallic layer is part of the antenna ([0045]) that is at least partially arranged in the recess (11), wherein at least part of the metallic layer (2, 2s) is part of the antenna ([0032], [0059]).
Re: claim 13, The method according to claim 12, wherein the carrier body comprises a surface, and wherein the metallic layer is arranged on the surface (the covering layers laminated to the metallic layer 2 ([0051])), and/or further comprising the step of providing an insert element, wherein the wire is at least partially arranged in the insert element and/or wherein the insert element is at least partially arranged in the recess (the insert element, wire and module correspond to the resin filling the recess 11 ([0045], [0051], the wire forming the coil 8 and the module M1).
Re: claim 14, The method according to claim 12, wherein the wire comprises at least one connection region, wherein the connection region is pressed onto a surface of the metallic layer in a pressing step and/or wherein the connection region is connected to a surface of the metallic layer in a connection step, and wherein the pressing step and the connection step are preferably performed simultaneously and particularly preferably correspond to a step of thermocompression bonding or of anisotropic conductive film bonding (using thermocompression [0048] to join the wire ends to the metallic layer 2 at points 9 and 10; alternatively a connection formed by ACF [0050]).
Re: claim 15, The method according to claim 14, further comprising the step of providing at least one adhesive element on the surface of the metallic layer in a region of connection to the connection region of the wire, the adhesive element preferably being electrically conductive and/or silver glue or the like (conductive adhesive [0050]).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other limitations of the claims: With respect to claim 4 and all its dependencies, wherein the coil comprises two or more inner windings and two or more outer windings, and wherein a pitch between the inner windings is larger than a pitch between the outer windings, and/or wherein a pitch between the inner windings is between 0.05 millimeter and 6 millimeter, more preferably between 0.1 millimeter and 3 millimeter, and/or wherein a pitch between the outer windings is between 0.05 millimeter and 6 millimeter, more preferably between 0.01 millimeter and 3 millimeter, when combined with all the limitations of claims 1 and 2 from which it depends. The prior art of record fails to provide sufficient teaching or motivation to one of ordinary skill in the art to provide the additionally recited features of these claims in the combinations as claimed.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael Lee, can be reached at telephone number 571-272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH