DETAILED ACTION
`This is a Non-Final Action in response to the RCE and claims filed 10/09/25.
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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishida (WO/2021/182302) referenced via (US 2023/0144301).
In respect to claims 1, 3, and 6-7, Ishida disclose a data carrier comprising: a carrier body 13; a printing layer 12 (colored matter formed of ink) (0248), and a marking layer 11, the printing layer 12 arranged on the top surface of the carrier body 13, and the printing layer 12 arranged above the marking layer 11 (Fig. 1); the marking layer 11 is configured to be impinged with electromagnetic radiation (laser) such that a marking element is generated (wherein a “security element” comprises at least a part of the printing layer and at least a part of the marking layer); both the marking layer 11 and the printing layer 12 may contain reactive elements such that reaction with the electromagnetic radiation (laser) occurs (0087-0088; 0097) forming the security element (Fig. 2).
In respect to the amended subject matter, Ishida discloses that the security element is a combined alignment of the printing layer and the marking layer (which both may be irradiation generated) (0125-0130; Fig. 2).
In respect to claim 2, Ishida discloses that the marking element may be formed as an opaque color reaction (0088).
In respect to claim 4, Ishida discloses that the reacted element (printing layer) and the marking element (marking layer) are aligned with respect to one another in an alignment arrangement (Fig. 2).
In respect to claim 5, Ishida discloses that the reactive element (printing layer) may be configured to modify propagation of the laser, and the reacted element may be a color-changed element (0104).
In respect to claim 8, Ishida discloses that a grid (“viewing filter”) is formed by the reacted elements (printing layer) (Fig. 2).
In respect to claims 9-10, Ishida discloses that the printing layer and marking layer may be configured such that the marking element and the reacted element are formed simultaneously with the same electromagnetic radiation (laser) (Fig. 4B).
In respect to claim 11, Ishida discloses that the marking layer and printing layer are arranged at a distance from one another (Fig. 2),
In respect to claim 12-15, Ishida discloses the claimed invention for the reasons stated above. Furthermore, intrinsically the marking element or printing layer must be provided before the other.
In respect to claims 16 and 17, Ishida discloses that the data carrier may comprise e.g. a credit card (0199; Fig. 17a-17b).
Response to Arguments
Applicant's arguments filed 10/09/25 have been fully considered but they are not persuasive.
The applicant contends that Ishida does not disclose the added limitation to the independent claims. This is not persuasive. Ishida discloses that the “security element” is directly formed for a combined alignment of the printing layer and the marking layer. This is clearly seen in Fig. 2 and described in (0125-0130). The applicant argues vague alleged intentions of Ishida (which are not conceded by the Examiner) and fails to provide any distinction between the structure, or the structural function of Ishida and the present application. Ishida discloses the same “security element”: the printing layer is marked in alignment with the marking layer, thus producing a shifting image tilt effect, a ”security element” (Fig. 2).
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