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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 April 2026 has been entered.
Claim Interpretation
MPEP § 2111.01 states that “… Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification - the greatest clarity is obtained when the specification serves as a glossary for the claim terms …”. Thus under a broadest reasonable interpretation, the greatest clarity is obtained when the specification (e.g., see “… phosphorescent material may have a decay time of any length, such as a tenth of a second, a quarter of a second, half a second, one second, or multiple seconds, e.g., 2, 3, 4, 5, or more seconds …” on pg. 10, lines 3+) serves as a glossary for the claim term “phosphorescent material”.
The specification (e.g., see “… Radiation/excitation source 302 may be any source supplying radiation 308, such as, e.g., ambient light, visible light, ultraviolet, radio, or microwave, which is to be absorbed by phosphorescent label 306. Exemplary radiation/excitation sources 302 may include, e.g., sunlight, lighting within a room, a flashlight, a handheld lamp, or any other source of ambient light …” on pg. 15, lines 12+) serves as a glossary for the claim terms “ambient electromagnetic radiation” and “a light source on the smartphone or the tablet further includes a light source for generating the ambient electromagnetic radiation”.
The specification (e.g., see “… smartphone or tablet camera operates in a video mode during the measurement process to measure a time response of the emitted radiation, e.g., ratios relating to spectral intensities for one or more wavelengths may be calculated based on emitted radiation from the phosphorescent material measured at different points during the decay time, permitting temporal characteristics to be incorporated in the analysis of the spectral signature. In one exemplary embodiment, the smartphone or tablet camera is configured to measure color coordinate ratios, hue saturation values, or both, in connection with the analysis of the spectral signature. Figure 8 shows an example of a hue vs. saturation chart. …” on pg. 17, lines 13+) serves as a glossary for the claim term “measures color coordinate ratios or hue saturation values in analyzing the spectral signature”.
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 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 of this title, 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.
Claim(s) 1-4, 9-11, and 14-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milos-Schouwink et al. (US 2019/0304231) in view of Lapstun et al. (US 2011/0294543).
In regard to claim 1, Milos-Schouwink et al. disclose a system (e.g., “… combinations of preferred embodiments, features, aspects or modes are part of the disclosure …” in paragraph 91) for authenticating an item (e.g., “… “Security marking” denotes an element that is present on an item to be marked as “authentic” …” in paragraph 115) including a substrate (e.g., “… “security marking” is in the form of a print on a suitable substrate …” in paragraph 115), the system comprising:
(a) a phosphorescent material disposed on or in the substrate and capable of emitting radiation upon excitation by ambient electromagnetic radiation (e.g., “… initial instant is generally any point in time after the long afterglow compound(s) present in the security marking received sufficient excitation radiation (e.g. from a light source to be described later, or from the environment) to induce long afterglow emission …” in paragraph 145); and
(b) a photoauthentication device capable of being disposed in contact with the substrate, the photoauthentication device comprising: a camera configured to detect or measure the emitted radiation (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160); and a software application configured to run on the photoauthentication device (e.g., “… computer program (“app”) may be installed that performs the steps recited in claims 1 and 2 automatically … app may provide a visible and/or audible signal relating to the result of the authentication operation …” in paragraph 166),
wherein, in connection with detecting or measuring the emitted radiation, the photoauthentication device is in static contact with the substrate and the camera is disposed over a portion of the phosphorescent material emitting the emitted radiation (e.g., “… variability in the determined value of the detected luminescence light intensity in step a) may be caused by various factors, such as … different conditions with respect to the shut-off or exclusion of ambient (stray) light … ambient light (environmental factor) may influence the result. It is thus preferred to suppress the ambient light to measure reproducible afterglow times. In order to eliminate or reduce the influence of ambient light, the following two methods may be contemplated 1) placing the camera in contact with the mark 2) using a camera hood to block the ambient light that can excite the sample or be detected by the RGB camera, as illustrated in FIG. 5 …” in paragraphs 153, 178, and 179),
wherein the photoauthentication device is a smartphone or a tablet (e.g., “… handheld computing device equipped with a camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab … in order to avoid disturbances by ambient light, also a hood or cover may be employed in order to reduce or prevent ambient light from entering the camera of the handheld device. This improves the reliability of the method even further …” in paragraphs 166 and 167), and
wherein the camera of the smartphone or the tablet communicates with the software application to verify the authenticity of the item (e.g., “… camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab. In such devices, a computer program ("app") may be installed that performs the steps recited in claims 1 and 2 automatically … Further, the app may provide a visible and/or audible signal relating to the result of the authentication operation … method of the present invention may also be implemented by analyzing only certain portions of a security marking relative to a reference point, such as in a QR code. For instance, only parts of a QR code or other logo or symbol may be provided with the one or more afterglow compounds, and other parts could be held in a different colour or be provided with compounds providing a similar appearance and afterglow effect to the unaided eye, yet which can easily by identified as not being close enough to the expected reference values in the authentication step. Such an arrangement provides an additional challenge for any counterfeiter, as not only the afterglow effect needs to be mimicked, but also the spatial arrangement of the area in which this effect needs to be observed. The requirement regarding the spatial arrangement of the area of the security marking providing the afterglow effect can hence be used to increase the security level by providing an additional authenticity criterion, and may be implemented as part of the authenticity criterion, e.g. in the app installed on a handheld computing device. Hence, the spatial relationship between at least a part of areas for which the afterglow parameter values can be determined is implemented as an authenticity criterion in the authentication operation …” in paragraphs 166 and 169),
wherein the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that the emitted radiation is visible on the display (e.g., “… During excitation, the computing device can analyse the preview of the camera. When the region of interest of the security marking reaches an intensity threshold, the app turns off the white LED (excitation) …” in paragraph 173).
The system of Milos-Schouwink et al. lacks an explicit description of “… smartphones such as an iPhone 5 or Samsung Galaxy S5 …” details such as visible radiation of the emitted radiation is visible on the display. However, it should be noted that Milos-Schouwink et al. also teach “security marking” should be moved to be within a camera’s view (e.g., see “… moving the computing device from point A to point B, where A corresponds to a point where the camera is once the computing device is in contact with the security marking, and B is the point where the white LED excited the mark sufficiently …” in paragraph 174) in order to achieve “an additional authenticity criterion” such as the “spatial arrangement of the area of the security marking providing the afterglow effect”. Further, smartphone details are known to one of ordinary skill in the art (e.g., see “… camera of a smartphone typically faces away from the user when the user is viewing the screen, so that the screen can be used as a digital viewfinder for the camera. This makes a smartphone an ideal basis for a microscope. When the smartphone is resting on a surface with the screen facing the user, the camera is conveniently facing the surface. It is then possible to view objects and surfaces in close-up using the smartphone's camera preview function; record close-up video; snap close-up photos; and digitally zoom in for an even closer view … image sensor in a smartphone digital camera typically has an RGB Bayer mosaic color filter that allows it to capture color images … microscope accessory 100 is designed to allow the smartphone's digital camera to focus on and image a surface on which the accessory is resting … camera in an iPhone 3GS has a focal length of 3.85 mm, a speed of f/2.8, and a 3.6 mm by 2.7 mm color image sensor. The image sensor has a QXGA resolution of 2048 by 1536 pixels @ 1.75 microns. The camera has an auto-focus range from about 6.5 mm to infinity, and relies on image sharpness to determine focus … In both cases it can be seen that the surface 120 is in sharp focus somewhere within the focus range … accessory 100 comprises a sleeve that slides onto the iPhone 70 and an end-cap 103 that mates with the sleeve to encapsulate the iPhone … field of view is enclosed by a shroud 109 having a protective cover 110 to prevent the incursion of ambient light …” in paragraphs 380, 381, 383, 387, 390, 396, 400, and 405 of Lapstun et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional smartphone (e.g., comprising details such as when “the smartphone is resting on a surface with the screen facing the user”, the “screen can be used as a digital viewfinder for the camera”, in order achieve a desired “field of view”) for the unspecified smartphone of Milos-Schouwink et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional smartphone (e.g., comprising details such as the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that visible radiation of the emitted radiation is visible on the display) as the unspecified smartphone of Milos-Schouwink et al.
In regard to claim 2 which is dependent on claim 1, Milos-Schouwink et al. also disclose that the phosphorescent material comprises at least a first phosphorescent material and a second phosphorescent material (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160), and wherein the emitted radiation from the phosphorescent material has a spectral signature and the camera is configured to detect or measure the spectral signature (e.g., “… At the following initial instant, intensity values of the detected luminescent light intensity of the respective spectral components in at least two or all three of the R, G and B channels …” in paragraph 173).
In regard to claim 3 which is dependent on claim 2, Milos-Schouwink et al. also disclose that the spectral signature includes a spectral intensity at a first wavelength and a spectral intensity at a second wavelength to define a measured code (e.g., “… At the following initial instant, intensity values of the detected luminescent light intensity of the respective spectral components in at least two or all three of the R, G and B channels …” in paragraph 173).
In regard to claim 4 which is dependent on claim 3, Milos-Schouwink et al. also disclose that the measured code is compared to a predetermined code to determine authentication (e.g., “… Provided that the obtained values are identical or sufficiently close to expected predetermined reference values, the computing device gives a positive result such as “OK” …” in paragraph 173).
In regard to claim 9 which is dependent on claim 1, Milos-Schouwink et al. also disclose that a light source on the smartphone or the tablet further includes a light source for generating the ambient electromagnetic radiation (e.g., “… activate the LED of the computing device to allow emission of electromagnetic radiation that is used for exciting the at least one afterglow compound to emit afterglow luminescence …” in paragraph 166).
In regard to claim 10 which is dependent on claim 1 in so far as understood, Milos-Schouwink et al. also disclose that the phosphorescent material has a decay time, and the camera operates in the video mode to detect or measure the emitted radiation over at least a portion of the decay time when the photoauthentication device is disposed over the portion of the phosphorescent material emitting the emitted radiation to block the ambient electromagnetic radiation (e.g., “… emission is monitored, and it is determined when the observed intensity values for the spectral component in the respective wavelength regions respectively fall below a predetermined threshold value, such as to determine the afterglow parameter values from this afterglow time …” in paragraph 173).
In regard to claim 11 which is dependent on claim 10, Milos-Schouwink et al. also disclose that the emitted radiation from the phosphorescent material has a spectral signature and the spectral signature includes spectral intensities for a first wavelength and a second wavelength at a first time in the decay time and spectral intensities for the first wavelength and the second wavelength at a second time in the decay time (e.g., “… in at least two or all three of the R, G and B channels … emission is monitored, and it is determined when the observed intensity values for the spectral component in the respective wavelength regions respectively fall below a predetermined threshold value, such as to determine the afterglow parameter values from this afterglow time …” in paragraph 173).
In regard to claim 14 which is dependent on claim 1, Milos-Schouwink et al. also disclose that the substrate is disposed on or in the item or a label on the item (e.g., “… “Security marking” denotes an element that is present on an item …” in paragraph 115).
In regard to claim 15, Milos-Schouwink et al. disclose a method for authenticating an item (e.g., “… “Security marking” denotes an element that is present on an item to be marked as “authentic” …” in paragraph 115) including a substrate (e.g., “… “security marking” is in the form of a print on a suitable substrate …” in paragraph 115), comprising:
(a) irradiating the substrate with ambient electromagnetic radiation, the substrate comprising a phosphorescent material configured to emit radiation upon excitation by the ambient electromagnetic radiation (e.g., “… initial instant is generally any point in time after the long afterglow compound(s) present in the security marking received sufficient excitation radiation (e.g. from a light source to be described later, or from the environment) to induce long afterglow emission …” in paragraph 145);
(b) detecting or measuring, with a camera of a photoauthentication device, the emitted radiation from the phosphorescent material (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160), wherein the photoauthentication device is a smartphone or a tablet (e.g., “… handheld computing device equipped with a camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab …” in paragraph 166); and
(c) verifying, with a software application running on the photoauthentication device, the authenticity of the item (e.g., “… camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab. In such devices, a computer program ("app") may be installed that performs the steps recited in claims 1 and 2 automatically … Further, the app may provide a visible and/or audible signal relating to the result of the authentication operation … method of the present invention may also be implemented by analyzing only certain portions of a security marking relative to a reference point, such as in a QR code. For instance, only parts of a QR code or other logo or symbol may be provided with the one or more afterglow compounds, and other parts could be held in a different colour or be provided with compounds providing a similar appearance and afterglow effect to the unaided eye, yet which can easily by identified as not being close enough to the expected reference values in the authentication step. Such an arrangement provides an additional challenge for any counterfeiter, as not only the afterglow effect needs to be mimicked, but also the spatial arrangement of the area in which this effect needs to be observed. The requirement regarding the spatial arrangement of the area of the security marking providing the afterglow effect can hence be used to increase the security level by providing an additional authenticity criterion, and may be implemented as part of the authenticity criterion, e.g. in the app installed on a handheld computing device. Hence, the spatial relationship between at least a part of areas for which the afterglow parameter values can be determined is implemented as an authenticity criterion in the authentication operation …” in paragraphs 166 and 169),
wherein, in connection with detecting or measuring the emitted radiation, the photoauthentication device is in static contact with the substrate and the camera is disposed over a portion of the phosphorescent material emitting the emitted radiation (e.g., “… variability in the determined value of the detected luminescence light intensity in step a) may be caused by various factors, such as … different conditions with respect to the shut-off or exclusion of ambient (stray) light … ambient light (environmental factor) may influence the result. It is thus preferred to suppress the ambient light to measure reproducible afterglow times. In order to eliminate or reduce the influence of ambient light, the following two methods may be contemplated 1) placing the camera in contact with the mark …” in paragraphs 153, 178, and 179), and
wherein, in connection with detecting or measuring the emitted radiation, the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that the emitted radiation is visible on the display (e.g., “… During excitation, the computing device can analyse the preview of the camera. When the region of interest of the security marking reaches an intensity threshold, the app turns off the white LED (excitation) …” in paragraph 173).
The method of Milos-Schouwink et al. lacks an explicit description of “… smartphones such as an iPhone 5 or Samsung Galaxy S5 …” details such as visible radiation of the emitted radiation is visible on the display. However, it should be noted that Milos-Schouwink et al. also teach “security marking” should be moved to be within a camera’s view (e.g., see “… moving the computing device from point A to point B, where A corresponds to a point where the camera is once the computing device is in contact with the security marking, and B is the point where the white LED excited the mark sufficiently …” in paragraph 174) in order to achieve “an additional authenticity criterion” such as the “spatial arrangement of the area of the security marking providing the afterglow effect”. Further, smartphone details are known to one of ordinary skill in the art (e.g., see “… camera of a smartphone typically faces away from the user when the user is viewing the screen, so that the screen can be used as a digital viewfinder for the camera. This makes a smartphone an ideal basis for a microscope. When the smartphone is resting on a surface with the screen facing the user, the camera is conveniently facing the surface. It is then possible to view objects and surfaces in close-up using the smartphone's camera preview function; record close-up video; snap close-up photos; and digitally zoom in for an even closer view … image sensor in a smartphone digital camera typically has an RGB Bayer mosaic color filter that allows it to capture color images … microscope accessory 100 is designed to allow the smartphone's digital camera to focus on and image a surface on which the accessory is resting … camera in an iPhone 3GS has a focal length of 3.85 mm, a speed of f/2.8, and a 3.6 mm by 2.7 mm color image sensor. The image sensor has a QXGA resolution of 2048 by 1536 pixels @ 1.75 microns. The camera has an auto-focus range from about 6.5 mm to infinity, and relies on image sharpness to determine focus … In both cases it can be seen that the surface 120 is in sharp focus somewhere within the focus range … accessory 100 comprises a sleeve that slides onto the iPhone 70 and an end-cap 103 that mates with the sleeve to encapsulate the iPhone … field of view is enclosed by a shroud 109 having a protective cover 110 to prevent the incursion of ambient light …” in paragraphs 380, 381, 383, 387, 390, 396, 400, and 405 of Lapstun et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional smartphone (e.g., comprising details such as when “the smartphone is resting on a surface with the screen facing the user”, the “screen can be used as a digital viewfinder for the camera”, in order achieve a desired “field of view”) for the unspecified smartphone of Milos-Schouwink et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional smartphone (e.g., comprising details such as in connection with detecting or measuring the emitted radiation, the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that visible radiation of the emitted radiation is visible on the display) as the unspecified smartphone of Milos-Schouwink et al.
In regard to claim 16 which is dependent on claim 15, Milos-Schouwink et al. also disclose that the emitted radiation from the phosphorescent material has a spectral signature and the camera is configured to detect or measure the spectral signature (e.g., “… a) determining a value of the detected luminescence light intensity … at an initial instant; b) determining a value of a first long afterglow parameter … corresponding to a first afterglow time elapsed since the initial instant, said first afterglow time being a time until the intensity value of the detected luminescence light for the first spectral component falls below a first threshold value …” in paragraphs 105 and 106).
In regard to claim 17 which is dependent on claim 15, Milos-Schouwink et al. also disclose that the phosphorescent material comprises at least a first phosphorescent material and a second phosphorescent material (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160).
In regard to claim 18 which is dependent on claim 15 in so far as understood, Milos-Schouwink et al. also disclose that the phosphorescent material has a decay time and further comprising detecting or measuring the emitted radiation over at least a portion of the decay time when the photoauthentication device is disposed over the portion of the phosphorescent material emitting the emitted radiation (e.g., “… a) determining a value of the detected luminescence light intensity … at an initial instant; b) determining a value of a first long afterglow parameter … corresponding to a first afterglow time elapsed since the initial instant, said first afterglow time being a time until the intensity value of the detected luminescence light for the first spectral component falls below a first threshold value …” in paragraphs 105 and 106).
In regard to claim 19, Milos-Schouwink et al. disclose a method for authenticating an item (e.g., “… “Security marking” denotes an element that is present on an item to be marked as “authentic” …” in paragraph 115) including a substrate (e.g., “… “security marking” is in the form of a print on a suitable substrate …” in paragraph 115), comprising:
(a) irradiating the substrate with ambient electromagnetic radiation (e.g., “… initial instant is generally any point in time after the long afterglow compound(s) present in the security marking received sufficient excitation radiation (e.g. from a light source to be described later, or from the environment) to induce long afterglow emission …” in paragraph 145), the substrate comprising a phosphorescent material configured to emit radiation having a spectral signature with a decay time upon excitation by the ambient electromagnetic radiation (e.g., “… until the respective intensity values of the detected luminescence light for the first and second spectral components fall …” in paragraph 145);
(b) detecting or measuring, with a camera of a photoauthentication device, the emitted radiation from the phosphorescent material during the decay time (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160), wherein the photoauthentication device is a smartphone or a tablet (e.g., “… handheld computing device equipped with a camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab …” in paragraph 166);
(c) generating a code based on the spectral signature (e.g., “… a) determining a value of the detected luminescence light intensity … at an initial instant; b) determining a value of a first long afterglow parameter … corresponding to a first afterglow time elapsed since the initial instant, said first afterglow time being a time until the intensity value of the detected luminescence light for the first spectral component falls below a first threshold value …” in paragraphs 105 and 106) with a software application running on the photoauthentication device (e.g., “… afterglow parameter corresponding to a first afterglow time elapsed since the initial instant, said first afterglow time being a time until the intensity value of the detected luminescence light for the first spectral component falls below a first threshold value being a predetermined fraction of the value of the detected luminescence light intensity from the first zone for the first spectral component in the first wavelength region determined at step a) … Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab. In such devices, a computer program ("app") may be installed that performs the steps recited in claims 1 and 2 automatically. The app may also activate the LED of the computing device to allow emission of electromagnetic radiation that is used for exciting the at least one afterglow compound to emit afterglow luminescence. This activation may be set to a specific time, such as in the range of 0.2 to 5 seconds in order in to provide a minimum saturation of the afterglow emissive states of the afterglow compound, to thereby increase the reliability of the determination of the value of the afterglow parameters within a desired time frame of e.g. up to 5 seconds during which the steps of the method of the present invention are performed. The app may also have certain predetermined reference values stored, or these may be obtained by remote access (e.g. via internet) to a database providing predetermined reference values. Further, the app may provide a visible and/or audible signal relating to the result of the authentication operation … implement the steps of the method when running on a CPU unit of the reader …” in paragraphs 30, 166, and 191); and
(d) comparing, with the software application running on the photoauthentication device, the code to a predetermined reference code (e.g., “… a comparison is performed between said determined value of the luminescence light intensity for the first and second spectral components at the initial instant, and said determined values of the first and second long afterglow parameters, and corresponding first and second reference values (i.e. reference initial intensities of first and second spectral components and reference first and second long afterglow parameters) …” in paragraph 145),
(c) verifying, with a software application running on the photoauthentication device, the authenticity of the item (e.g., “… camera, which is preferably a telecommunication device or a tablet. Examples are smartphones such as an iPhone 5 or Samsung Galaxy S5, or tablets such as an iPad 2 or Samsung Galaxy Tab. In such devices, a computer program ("app") may be installed that performs the steps recited in claims 1 and 2 automatically … Further, the app may provide a visible and/or audible signal relating to the result of the authentication operation … method of the present invention may also be implemented by analyzing only certain portions of a security marking relative to a reference point, such as in a QR code. For instance, only parts of a QR code or other logo or symbol may be provided with the one or more afterglow compounds, and other parts could be held in a different colour or be provided with compounds providing a similar appearance and afterglow effect to the unaided eye, yet which can easily by identified as not being close enough to the expected reference values in the authentication step. Such an arrangement provides an additional challenge for any counterfeiter, as not only the afterglow effect needs to be mimicked, but also the spatial arrangement of the area in which this effect needs to be observed. The requirement regarding the spatial arrangement of the area of the security marking providing the afterglow effect can hence be used to increase the security level by providing an additional authenticity criterion, and may be implemented as part of the authenticity criterion, e.g. in the app installed on a handheld computing device. Hence, the spatial relationship between at least a part of areas for which the afterglow parameter values can be determined is implemented as an authenticity criterion in the authentication operation …” in paragraphs 166 and 169),
wherein, in connection with detecting or measuring the emitted radiation, the photoauthentication device is in static contact with the substrate and the camera is disposed over a portion of the phosphorescent material emitting the emitted radiation when the emitted radiation is detected or measured to block the ambient electromagnetic radiation (e.g., “… variability in the determined value of the detected luminescence light intensity in step a) may be caused by various factors, such as … different conditions with respect to the shut-off or exclusion of ambient (stray) light … ambient light (environmental factor) may influence the result. It is thus preferred to suppress the ambient light to measure reproducible afterglow times. In order to eliminate or reduce the influence of ambient light, the following two methods may be contemplated 1) placing the camera in contact with the mark …” in paragraphs 153, 178, and 179), and
wherein, in connection with detecting or measuring the emitted radiation, the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that the emitted radiation is visible on the display (e.g., “… During excitation, the computing device can analyse the preview of the camera. When the region of interest of the security marking reaches an intensity threshold, the app turns off the white LED (excitation) …” in paragraph 173).
The method of Milos-Schouwink et al. lacks an explicit description of “… smartphones such as an iPhone 5 or Samsung Galaxy S5 …” details such as visible radiation of the emitted radiation is visible on the display. However, it should be noted that Milos-Schouwink et al. also teach “security marking” should be moved to be within a camera’s view (e.g., see “… moving the computing device from point A to point B, where A corresponds to a point where the camera is once the computing device is in contact with the security marking, and B is the point where the white LED excited the mark sufficiently …” in paragraph 174) in order to achieve “an additional authenticity criterion” such as the “spatial arrangement of the area of the security marking providing the afterglow effect”. Further, smartphone details are known to one of ordinary skill in the art (e.g., see “… camera of a smartphone typically faces away from the user when the user is viewing the screen, so that the screen can be used as a digital viewfinder for the camera. This makes a smartphone an ideal basis for a microscope. When the smartphone is resting on a surface with the screen facing the user, the camera is conveniently facing the surface. It is then possible to view objects and surfaces in close-up using the smartphone's camera preview function; record close-up video; snap close-up photos; and digitally zoom in for an even closer view … image sensor in a smartphone digital camera typically has an RGB Bayer mosaic color filter that allows it to capture color images … microscope accessory 100 is designed to allow the smartphone's digital camera to focus on and image a surface on which the accessory is resting … camera in an iPhone 3GS has a focal length of 3.85 mm, a speed of f/2.8, and a 3.6 mm by 2.7 mm color image sensor. The image sensor has a QXGA resolution of 2048 by 1536 pixels @ 1.75 microns. The camera has an auto-focus range from about 6.5 mm to infinity, and relies on image sharpness to determine focus … In both cases it can be seen that the surface 120 is in sharp focus somewhere within the focus range … accessory 100 comprises a sleeve that slides onto the iPhone 70 and an end-cap 103 that mates with the sleeve to encapsulate the iPhone … field of view is enclosed by a shroud 109 having a protective cover 110 to prevent the incursion of ambient light …” in paragraphs 380, 381, 383, 387, 390, 396, 400, and 405 of Lapstun et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional smartphone (e.g., comprising details such as when “the smartphone is resting on a surface with the screen facing the user”, the “screen can be used as a digital viewfinder for the camera”, in order achieve a desired “field of view”) for the unspecified smartphone of Milos-Schouwink et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional smartphone (e.g., comprising details such as in connection with detecting or measuring the emitted radiation, the camera of the smartphone or the tablet communicates with a display of the smartphone or the tablet such that visible radiation of the emitted radiation is visible on the display) as the unspecified smartphone of Milos-Schouwink et al.
In regard to claim 20 which is dependent on claim 19, Milos-Schouwink et al. also disclose that the phosphorescent material comprises at least a first phosphorescent material and a second phosphorescent material (e.g., “… two or more long afterglow compounds in different zones that are arranged randomly or in a specific pattern, such as to form (part of) a logo, a code (such as a barcode or QR code), indicia, letters, or other graphical elements. As long as the luminescence light detector can detect both emissions simultaneously in different wavelength regions (different channels), the method of the present invention can be utilized for both a mixture of two or more afterglow compounds in the same spatial area (zone) of a security marking or for two or more long afterglow compounds present in different spatial areas (zones) of the security marking …” in paragraph 160).
In regard to claim 21 which is dependent on claim 1, Milos-Schouwink et al. also disclose that the camera of the smartphone or the tablet measures color coordinate ratios in analyzing a spectral signature of the emitted radiation (e.g., “… For practical purposes, the long afterglow effect must occur, for a spectral component in a wavelength region, for a long enough time in order to be detectable by relatively unsophisticated equipment, such as a cell phone camera, so that the detectable light emission for the spectral component in the wavelength region must last for at least 100 ms … As one example, if the authentication is confined to a simple Euclidian metric of two channels R and G of a RGB diode used for measuring emission light intensities … In case of three channels R, G and B, D should further involve the 4 parameters I0B, I0Bref, and τB and τBref. D can however also be splitted in three components, one for each channel, involving each corresponding 4 parameters, and/or even further splitted by region of emission on the security marking … "measured point" in the space of parameters (in the above example, the dimension of this space is 4), having the values of the parameters as coordinates, must be close to a "reference point", of which coordinates are the reference values of the parameters, in order the marking is considered as genuine …” in paragraphs 124, 126, 131, and 132).
In regard to claim 22 which is dependent on claim 15, Milos-Schouwink et al. also disclose that the camera of the smartphone or the tablet measures color coordinate ratios or hue saturation values in analyzing a spectral signature of the emitted radiation (e.g., “… For practical purposes, the long afterglow effect must occur, for a spectral component in a wavelength region, for a long enough time in order to be detectable by relatively unsophisticated equipment, such as a cell phone camera, so that the detectable light emission for the spectral component in the wavelength region must last for at least 100 ms … As one example, if the authentication is confined to a simple Euclidian metric of two channels R and G of a RGB diode used for measuring emission light intensities … In case of three channels R, G and B, D should further involve the 4 parameters I0B, I0Bref, and τB and τBref. D can however also be splitted in three components, one for each channel, involving each corresponding 4 parameters, and/or even further splitted by region of emission on the security marking … "measured point" in the space of parameters (in the above example, the dimension of this space is 4), having the values of the parameters as coordinates, must be close to a "reference point", of which coordinates are the reference values of the parameters, in order the marking is considered as genuine …” in paragraphs 124, 126, 131, and 132).
In regard to claim 23 which is dependent on claim 19, Milos-Schouwink et al. also disclose that the camera of the smartphone or the tablet measures color coordinate ratios or hue saturation values in analyzing the spectral signature of the emitted radiation (e.g., “… For practical purposes, the long afterglow effect must occur, for a spectral component in a wavelength region, for a long enough time in order to be detectable by relatively unsophisticated equipment, such as a cell phone camera, so that the detectable light emission for the spectral component in the wavelength region must last for at least 100 ms … As one example, if the authentication is confined to a simple Euclidian metric of two channels R and G of a RGB diode used for measuring emission light intensities … In case of three channels R, G and B, D should further involve the 4 parameters I0B, I0Bref, and τB and τBref. D can however also be splitted in three components, one for each channel, involving each corresponding 4 parameters, and/or even further splitted by region of emission on the security marking … "measured point" in the space of parameters (in the above example, the dimension of this space is 4), having the values of the parameters as coordinates, must be close to a "reference point", of which coordinates are the reference values of the parameters, in order the marking is considered as genuine …” in paragraphs 124, 126, 131, and 132).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milos-Schouwink et al. in view of Lapstun et al. as applied to claim(s) 1 above, and further in view of Downing (US 2006/0237541).
In regard to claim 12 which is dependent on claim 1, while Milos-Schouwink et al. also disclose (paragraphs 121 and 122) that “… factors influencing the observed emission intensity at the "initial" instant" and the "value of the long afterglow parameter" include … (iv) the way of incorporation of the long afterglow compound into the security marking, in particular with regard as to whether all of or a substantial amount of the emission from the security marking leaves the security marking such as to be able to reach a light detector. These factors can all be influenced by a skilled person based on common knowledge … way of incorporation (iv) can be adjusted e.g. by providing (or not providing) additional layers on the security marking, the colour of the background, etc. …”, the system of Milos-Schouwink et al. lacks an explicit description of phosphorescent material “incorporation” details for influencing “… whether all of or a substantial amount of the emission from the security marking leaves the security marking such as to be able to reach a light detector …” (i.e., avoids or prevents detection of the emitted radiation from the phosphorescent material) such as an ultraviolet radiation absorber combined with the phosphorescent material, wherein the ultraviolet absorber avoids or prevents detection of the emitted radiation from the phosphorescent material by an ultraviolet radiation source. However, phosphorescent material “incorporation” details are known to one of ordinary skill in the art (e.g., see “… pigment particle includes a core having a carrier substance and a fluorescent material (or a phosphorescent material) … shell which surrounds the core, and the shell includes a photochromic material which has … a second optical property when illuminated by a second light source … wherein the second optical property attenuates an emitted radiation … typically, the photochromic material changes from the first optical property to the second optical property, while under UV illumination from the second light source … pigment particle may be used in currency to authenticate the currency or on other objects to authenticate or identify the object …” in paragraph 6 of Downing). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional phosphorescent material incorporation (e.g., comprising details such as a “photochromic” “shell” that “changes from the first optical property to the second optical property, while under UV illumination”, in order to “attenuates an emitted radiation”) for the unspecified phosphorescent material incorporation of Milos-Schouwink et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional phosphorescent material incorporation (e.g., comprising details such as a ultraviolet radiation absorber combined with the phosphorescent material, wherein the ultraviolet absorber avoids or prevents detection of the emitted radiation from the phosphorescent material by an ultraviolet radiation source) as the unspecified phosphorescent material incorporation of Milos-Schouwink et al.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Milos-Schouwink et al. in view of Lapstun et al. as applied to claim(s) 1 above, and further in view of Zlotnick et al. (US 2023/0264504).
In regard to claim 13 which is dependent on claim 1, while Milos-Schouwink et al. also disclose (paragraphs 121 and 122) that “… factors influencing the observed emission intensity at the "initial" instant" and the "value of the long afterglow parameter" include … (iv) the way of incorporation of the long afterglow compound into the security marking, in particular with regard as to whether all of or a substantial amount of the emission from the security marking leaves the security marking such as to be able to reach a light detector. These factors can all be influenced by a skilled person based on common knowledge … way of incorporation (iv) can be adjusted e.g. by providing (or not providing) additional layers on the security marking, the colour of the background, etc. …”, the system of Milos-Schouwink et al. lacks an explicit description of phosphorescent material “incorporation” details such as the phosphorescent material is disposed in a fiber or planchette embedded in the substrate. However, phosphorescent material “incorporation” details are known to one of ordinary skill in the art (e.g., see “… Fibers are a costeffective security method that has been used for decades … Document security applications include not only thermochromic but also photochromic and metameric. As with thermochromic, it is generally understood that photochromic and metameric are associated with inks, but similar effects could be associated with security fibers or planchettes …” in paragraphs 4 and 6 of Zlotnick et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional phosphorescent material incorporation (e.g., comprising details such as “security fibers or planchettes”, in order to achieve additional “costeffective security”) for the unspecified phosphorescent material incorporation of Milos-Schouwink et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional phosphorescent material incorporation (e.g., comprising details such as the phosphorescent material is disposed in a fiber or planchette embedded in the substrate) as the unspecified phosphorescent material incorporation of Milos-Schouwink et al.
Response to Arguments
Applicant’s arguments with respect to the amended claims have been fully considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,140,494 teaches a system for authenticating an item.
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/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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