DETAILED ACTION
Amendment
1. Receipt is acknowledged of the amendment filed on July 31, 2025. Currently claims 1-4 and 6-17 remain in the examination.
Claim Rejections – 35 USC § 102
2. 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.
3. 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 –
4. Claims 1-4, 6, 8, 10-12, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2024/0249104 A1 to Finn et al. (hereinafter “Finn”).
Regarding claims 1, 16 and 17 , Finn discloses a data carrier (see abstract and figure 2) comprising at least a first metallic layer ML1; at least one electronic module TCM; at least one antenna MA (see paragraph 0022); a second metallic layer ML2 (see figure 2) which is arranged aft the first metallic layer with respect to the layers shown in figure 2; and the first metallic layer is comprised of a recess/opening MO (see abstract) in which the chip TCM is to installed; and a magnetic shielding layer SL (see figure 2) (see paragraphs 0019 and 0020). The data carrier 1600B (see figure 2) is comprised of a second metallic layer ML2 further comprising an opening MO which is congruent to the opening in the first metallic layer with respect to the lines going through the openings in the multiple layers of the carrier.
Regarding claim 2, as shown in figure 2, the size of the opening MO essentially corresponds to a size of the electronic module TCM, and the first metallic layer ML1 completely surrounds the electronic module TCM.
Regarding claim 3, the opening MO is bigger than the size of TCM, and the area not occupied by the electronics are filled (see abstract and paragraph 0023). The leftover area can be interpreted as an area expansion.
Regarding claim 4, as shown in figure 2, the card is comprised of a top surface, which is the first metal layer ML1 (see paragraph 0018).
Regarding claim 6, the antenna MA 311 (see figure 3A) id disposed below the TCM (see paragraph 0222); and the antenna opening is one multiple layers including multiple metallic layers (see figure 3A).
Regarding claim 8, as shown in figure 2, the shielding layer SL is disposed between the first metallic layer ML1 and the second metallic layer ML2.
Regarding claim 10, the shielding layer SL is in indirect contact with the two metal layers with adhesive layers between them (see figure 2).
Regarding claim 11, since the opening MO in each layer is congruent, the leftover area – area expansion in the opening are also congruent.
Regarding claim 12, the shielding layer is larger than the antenna MA.
Regarding claim 14, the metal layers are made of stainless steel material (see paragraph 0177).
Regarding claim 15, the top layer 324 comprises personalized data (see paragraph 0324); and includes other print layers 326.
Allowable Subject Matter
5. Claims 7, 9, and 13 are 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.
6. The following is a statement of reasons for the indication of allowable subject matter: Claims are directed at a data carrier (1, 1’, 1") comprising:
at least a first metallic layer (2, 2’, 2");
at least one electronic module (4, 4’, 4");
at least one antenna (5, 5’, 5"); and
at least a second metallic layer (3, 3’, 3"),
wherein the second metallic layer (3, 3’, 3") is arranged after the first metallic layer (2, 2’, 2") with respect to an extension direction (E), and
wherein the antenna (5, 5’, 5") is in connection with the electronic module (4, 4’, 4"),
wherein the first metallic layer (2, 2’, 2") is a continuous metallic layer delimiting a recess (6, 6’, 6"),
wherein the electronic module (4, 4’, 4") is at least partially arranged within said recess (6, 6', 6") and
wherein the data carrier (1, 1’, 1”) further comprises at least one shielding element (12, 12’, 12’a, 12") that is configured to shield the antenna (5, 5’, 5") and/or the electronic module (4, 4’, 4") from magnetic fields,
wherein the second metallic layer (3, 3', 3") comprises a recess (7, 7', 7"),
wherein a size of the recess (7, 7', 7") of the second metallic layer (3, 3’, 3") with respect to a transverse direction (T) running perpendicularly to the extension direction (E) is at least the size of the antenna (5, 5', 5") with respect to the transverse direction (T),
wherein the recess (7, 7', 7") of the second metallic layer (3, 3’, 3") and the antenna (5, 5', 5") are arranged essentially congruent with respect to the extension direction (E); and
wherein the shielding element (12, 12’, 12’a, 12") is a mu-metal comprising nickel-iron soft ferromagnetic alloy.
This is a suggested combined claim of claims 1 and 7. The limitations in this claim are neither disclosed nor suggested by the cited references. Even if some partial teachings may be found in other references, Examiner finds no grounds to combine them.
Response to Arguments
7. Applicant’s response including amended claims and remarks filed on July 31, 2025 have been carefully reviewed and considered.
It is noted that the independent claims 1, 16, and 17 now include the limitation of claim 5 and claim 5 is canceled.
However, claim 5 was rejected with the same reference in the previous Office Action. Moreover, Examiner finds no argument in the response as how the combined impendent claims would overcome the Fin reference.
Accordingly, the rejection made in the previous Office Action is maintained, and the claims that were rejected under 35 USC 112 rejection are now dispose to be allowable. This Office Action is made final.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ahshik Kim whose telephone number is (571)272-2393. The examiner can normally be reached between the hours of 8:00 AM to 5:00 PM Monday thru Friday. Examiner’s fax phone number is (571)273-2393.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael G. Lee, can be reached on (571)272-2398. The fax phone number for this Group is (571)273-8300.
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/AHSHIK KIM/Primary Examiner, Art Unit 2876
October 3, 2025
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