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 .
Election/Restrictions
Applicants’ election without traverse of claims 1-13 in the reply filed on 28 January 2026 is acknowledged.
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 1-13 and 21-26 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 1 and 8 recitations of “for security verification” are unclear. Should the recited “substrate” be verified, or should some other ancillary item/element be verified? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claims 1 and 8 recitations of “on at least one surface” are unclear. Should this be a surface of the previously recited “substrate” or a surface of some other ancillary element? Exactly what structure/configuration is sought? Please review/revise/clarify.
The term “pill shape” in claims 6 and 12 is a relative term which renders the claims indefinite. The term “pill shape” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Note that pills are commonly provided in a variety of shapes, including at least circular and oblong. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-5, 7, 9-11, 13 and 21-26 are rejected as depending (directly or indirectly) from rejected independent claims 1 and 8.
Claim Rejections - 35 USC § 103
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-13 and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2010/0277806 to Lundvall (“Lundvall”) in view of U.S. Patent Application Publication No. 2009/0322071 to Dichtl (“Dichtl”).
Regarding claim 1, Lundvall discloses a substrate (e.g. optical device 10, as shown in fig. 1 and discussed at para. 32) for security verification (para. 27), comprising: i) a transparent (per para. 34, polymer foil 11 is essentially transparent or colored transparent), laser-markable (per para. 72, polymer foil 11 may be made of polycarbonate, cellulose acetate, polypropylene, or polyethene terephthalate; note that each of these materials is laser-markable) outer layer (e.g. interface 17, as shown in fig. 1 and discussed at para. 33) on (fig. 1 and para. 33) at least one surface (e.g. polymer foil 11, as shown in fig. 1 and discussed at para. 32), the at least one surface (11) including (fig. 1) an image (e.g. geometrical structures 16, as shown in fig. 1 and discussed at para. 33) formed by a plurality (fig. 1) of contours (e.g. line shapings of geometrical structures 16, as shown in fig. 1), each contour (e.g. individual line shaping) of the plurality of contours (aforementioned line shapings of geometrical structures 16) having at least one segment (e.g. portions shown in fig. 1); and ii) a plurality (fig. 1) of raised (fig. 1) lenses (e.g. microlenses 14, as shown in fig. 1 and discussed at para. 32) arranged in (fig. 1) rows (e.g. collective instances of array 13, as shown in fig. 1 and discussed at para. 32) on (fig. 1) the at least one surface (11) of the substrate (10), wherein iii) each row (e.g. individual instances of array 13) of the rows (aforementioned collective instances of array 13) of raised lenses (14) is aligned with (fig. 1) a contour (e.g. line shaping of an individual instance of geometrical structure 16) of the plurality of contours (aforementioned line shapings of geometrical structures 16), and iv) a focal point (30, as shown in figs. 3A-D and discussed at para. 17 and 46-49) of a raised lens (14) in a row (13) of raised lenses (14) is aligned with (compare figs. 1 and 3A-D) a first contour (e.g. line shaping of geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3A) of the plurality of contours (aforementioned line shapings of geometrical structures 16) at a first viewing angle (viewing angle shown in fig. 3A discussed at para. 46) and aligned with (compare figs. 1 and 3A-D) a second contour (e.g. line shaping of geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3B) of the plurality of contours (aforementioned line shapings of geometrical structures 16) at a second viewing angle (viewing angle shown in fig. 3B discussed at para. 47).
Lundvall does not disclose each segment (aforementioned portions of line shapings of geometrical structures 16, as shown in fig. 1) being curved.
Dichtl teaches the concept of providing segments (e.g. portions of line shapings of micromotif element 28, as shown in fig. 2) that are curved (per fig. 3a, such microelements may be provided in the form of small shapes bearing at least some curves therein, represented as elements 36 and 38, and discussed at para. 52).
Given that Lundvall and Dichtl both concern optically variable security elements bearing similar mechanical arrangements (compare Lundvall fig. 1 and Dichtl fig. 2), it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the Dichtl micromotif element 36/38 appearance teachings to the Lundvall geometrical structures 16, in order to provide the benefit of yielding a resultant Lundvall device presenting an optical appearance as desired.
Regarding claim 2, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein the transparent, laser-markable outer layer (Lundvall 17) is a polycarbonate layer (Lundvall para. 72).
Regarding claim 3, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein adjacent contours (aforementioned line shapings of Lundvall geometrical structures 16) of the image (Lundvall 16) have a different brightness (compare Dichtl micromotif elements 36 and 38, as shown in Dichtl fig. 3a; also see Dichtl para. 20).
Regarding claim 4, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein the plurality of contours (aforementioned line shapings of Lundvall geometrical structures 16) of the image (Lundvall 16) form a brightness gradient (Dichtl para. 20).
Regarding claim 5 Lundvall in view of Dichtl discloses the substrate of claim 1, wherein the image (Lundvall 16) includes personalized data (per Lundvall para. 83, the invention may be used to form currencies; note that currencies are “personalized” for their respective issuing nations; note the use of “image data bearer structures” as discussed at para. 46).
Regarding claim 6, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein each of the plurality of raised lenses (Lundvall 14) is a convex lens (Lundvall fig. 1) having a pill shape (Lundvall fig. 1).
Regarding claim 7, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein the image (Lundvall 16) includes an enclosed shape of concentric (Dichtl figs. 3a-c; note the combination set forth in the rejection of claim 1, supra) contours (aforementioned line shapings of Lundvall geometrical structures 16).
Regarding claim 8, Lundvall discloses a substrate (e.g. optical device 10, as shown in fig. 1 and discussed at para. 32) for security verification (para. 27), comprising: i) a transparent (per para. 34, polymer foil 11 is essentially transparent or colored transparent), laser-markable (per para. 72, polymer foil 11 may be made of polycarbonate, cellulose acetate, polypropylene, or polyethene terephthalate; note that each of these materials is laser-markable) outer layer (e.g. interface 17, as shown in fig. 1 and discussed at para. 33) on (fig. 1 and para. 33) at least one surface (e.g. polymer foil 11, as shown in fig. 1 and discussed at para. 32), the at least one surface (11) including (fig. 1) an image (e.g. geometrical structures 16, as shown in fig. 1 and discussed at para. 33) formed by a plurality (fig. 1) of contours (e.g. line shapings of geometrical structures 16, as shown in fig. 1), each contour (e.g. individual line shaping) of the plurality of contours (aforementioned line shapings of geometrical structures 16) having at least one segment (e.g. portions shown in fig. 1); and ii) a plurality (fig. 1) of raised (fig. 1) lenses (e.g. microlenses 14, as shown in fig. 1 and discussed at para. 32) arranged in (fig. 1) rows (e.g. collective instances of array 13, as shown in fig. 1 and discussed at para. 32) on (fig. 1) the at least one surface (11) of the substrate (10), wherein iii) each row (e.g. individual instances of array 13) of the rows (aforementioned collective instances of array 13 of raised lenses (14) is aligned with (fig. 1) a contour (e.g. line shaping of an individual instance of geometrical structure 16) of the plurality of contours (aforementioned line shapings of geometrical structures 16).
Lundvall does not disclose each segment (aforementioned portions of line shapings of geometrical structures 16, as shown in fig. 1) being curved.
Dichtl teaches the concept of providing segments (e.g. portions of line shapings of micromotif element 28, as shown in fig. 2) that are curved (per fig. 3a, such microelements may be provided in the form of small shapes bearing at least some curves therein, represented as elements 36 and 38, and discussed at para. 52).
For the reasons set forth in the rejection of claim 1, supra, it would have been obvious to apply the Dichtl micromotif element 36/38 appearance teachings to the Lundvall geometrical structures 16.
Regarding claim 9, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein the transparent, laser-markable outer layer (Lundvall 17) is a polycarbonate layer (Lundvall para. 72).
Regarding claim 10, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein adjacent contours (aforementioned line shapings of Lundvall geometrical structures 16) of the image (Lundvall 16) have a different brightness (compare Dichtl micromotif elements 36 and 38, as shown in Dichtl fig. 3a; also see Dichtl para. 20).
Regarding claim 11, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein the image (Lundvall 16) includes personalized data (per Lundvall para. 83, the invention may be used to form currencies; note that currencies are “personalized” for their respective issuing nations; note the use of “image data bearer structures” as discussed at para. 46).
Regarding claim 12, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein each of the plurality of raised lenses (Lundvall 14) is a convex lens (Lundvall fig. 1 having a pill shape (Lundvall fig. 1).
Regarding claim 13, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein the image (Lundvall 16) is an enclosed shape of concentric (Dichtl figs. 3a-c; note the combination set forth in the rejection of claim 1, supra) contours (aforementioned line shapings of Lundvall geometrical structures 16).
Regarding claim 21, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein: i) the rows of raised lenses (Lundvall 14) are embossed (Lundvall para. 32) on the at least one surface (Lundvall 11); and ii) the contours (aforementioned line shapings of Lundvall geometrical structures 16) are engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also note that the instant claim is drawn to a substrate- not a method of forming such) on (Lundvall fig. 1) the at least one surface (Lundvall 11).
Regarding claim 22, Lundvall in view of Dichtl discloses the substrate of claim 1, wherein the first contour (aforementioned line shaping of Lundvall geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3A) is engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also note that the instant claim is drawn to a substrate- not a method of forming such) at a first laser intensity (note that the instant claim is drawn to a substrate- not a method of forming such) and the second contour (aforementioned line shaping of Lundvall geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3B) is engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also note that the instant claim is drawn to a substrate- not a method of forming such) at a second laser intensity different than the first laser intensity (note that the instant claim is drawn to a substrate- not a method of forming such).
Regarding claim 23, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein: i) the rows of raised lenses (Lundvall 14) are embossed (Lundvall para. 32) on the at least one surface (Lundvall 11); and ii) the contours (aforementioned line shapings of Lundvall geometrical structures 16) are engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also not that the instant claim is drawn to a substrate- not a method of forming such) on (Lundvall fig. 1) the at least one surface (Lundvall 11).
Regarding claim 24, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein a first contour (aforementioned line shaping of Lundvall geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3A) of the contours (aforementioned line shapings of geometrical structures 16) is engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also note that the instant claim is drawn to a substrate- not a method of forming such) at a first laser intensity (note that the instant claim is drawn to a substrate- not a method of forming such) and a second contour (aforementioned line shaping of Lundvall geometrical structure 16 that would be present at location of focal point 30 as shown in fig. 3B) of the contours (aforementioned line shapings of geometrical structures 16) is engraved (i.e. imprinted/embossed, as discussed at Lundvall para. 34; also note that the instant claim is drawn to a substrate- not a method of forming such) at a second laser intensity different than the first laser intensity (note that the instant claim is drawn to a substrate- not a method of forming such).
Regarding claim 25, Lundvall in view of Dichtl discloses the substrate of claim 10, wherein the plurality of contours (aforementioned line shapings of Lundvall geometrical structures 16) of the image (Lundvall 16) form a brightness gradient (Dichtl para. 20).
Regarding claim 26, Lundvall in view of Dichtl discloses the substrate of claim 8, wherein the plurality of raised lenses (Lundvall 14) form a luminance gradient (Dichtl para. 20) across the image (Lundvall 16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
Prosecution Insights