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 .
Withdrawal of Finality
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Withdrawn Rejections
Any rejections and or objections, made in the previous Office Action, and not repeated below, are hereby withdrawn due to Applicant’s amendments and/or arguments in the response dated July 15, 2026. However, new rejections may have been made using the same prior art if still applicable to the newly presented amendments and/or arguments.
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.
Claims 2 – 7. 9 – 12, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kassab (USPN 8,114,495) as evidenced by Takashi et al. (WO 2006/040965 A1) or “Polymer”, New World Encyclopedia.
Kassab discloses a platen configured to receive a finger or palm of a user (Platen, as defined by www.webster.com, is a flat plate, which Kassab clearly discloses in Figure 14); and a membrane (Figures, #20; Abstract) the membrane comprising: a protective cover sheet layer (Figure 3, #26) having a surface area that corresponds to a surface area of the platen (Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.); a transparent layer removably contacting the protective cover sheet layer and having a surface area that corresponds to the surface area of the platen (Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.), the transparent layer being configured to adhere, via optical contact bonding and without the use of any adhesive (Column 11, lines 37 – 55), to the platen after the protective cover sheet layer has been removed (Figure 3, #20; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The film of Kassab may be attached to any surface, including a platen.), wherein the transparent layer is formed from a material that bonds to the platen by intermolecular forces when a first side of the transparent layer is placed in contact with the platen, without application of pressure (Column 11, lines 37 – 65, wherein the films of PET and polyethylene display intermolecular forces as evidenced by Takashi et al., Paragraphs 0010 – 0013, and “Polymer”, Page 4, Chemical properties of polymers); and a stiffener layer removably contacting the transparent layer (Figure 3, #28) such that the stiffener layer and the protective cover sheet layer are disposed on opposite sides of the transparent layer (Figure 3, 326, 20 and 28), the stiffener layer having a surface area that corresponds to the surface area of the platen (Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.), the stiffener layer being removable from the transparent layer after the transparent layer has been adhered, via optical contact bonding, to the platen (Figure 9; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The film of Kassab may be attached to any surface, including a platen.) as in claim 1. With respect to claim 2, the protective cover sheet layer is configured to be peeled off the transparent layer when the transparent layer is in contact with the stiffener layer, before the transparent layer has been adhered to the platen (Figures 3 and 4, #26). Regarding claim 3, the stiffener layer is configured to be peeled off the transparent layer after the transparent layer has been adhered to the platen (Figure 9; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The film of Kassab may be attached to any surface, including a platen.). For claim 4, the transparent layer, after being adhered to the platen, is configured to receive an anatomy of a user for forensic analysis, enrolling, verifying, or identifying the user via the optical biometric sensor (Figures, #20; Abstract; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The film of Kassab may be attached to any surface, including a platen.). In claim 5, the transparent layer, after being adhered to the platen, is removable from the platen by peeling the transparent layer from the platen (Column 5, line 66 to Column 6, line 57). With regard to claim 6, the stiffener layer is stiffer than the transparent layer (Column 11, lines 6 – 23). As in claim 7, the transparent layer is softer than the protective cover sheet layer (Column 10, line 54 to Column 11, line 23). Regarding claim 9, the stiffener layer and the protective cover sheet layer are formed from a same material (Column 11, lines 6 – 23). For claim 10, the stiffener layer and the protective cover sheet layer are formed from a same material, have a same thickness, have a same stiffness, and have a same surface area that corresponds to a surface area of the platen (Column 11, lines 6 – 23; Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.). In claim 11, the transparent layer is transparent at a wavelength of sensor light of the optical biometric sensor, and the transparent layer has a refractive index that is within twenty percent of a refractive index of the platen (Column 11, lines 37 – 65, wherein the film may be a variety of materials. Column 9, line 54 to Column 10, line 33, wherein the polyester remains optically clear and undetectable to the casual observer.). Kassab further discloses a platen configured to receive a finger or palm of a user (Platen, as defined by www.webster.com, is a flat plate, which Kassab clearly discloses in Figure 14); and the membrane comprising: a protective cover sheet layer having a surface area that corresponds to a surface area of the platen (Figure 3, #26); a transparent layer having a first side that removably contacts the protective cover sheet layer such that the protective cover sheet layer can be peeled off the transparent layer (Figure 3, #20),the first side of the transparent layer being configured to adhere, via optical contact bonding and without the use of any adhesive (Column 11, lines 37 – 55), to the platen after the protective cover sheet layer has been peeled off the transparent layer by being placed in contact with the platen (Figures 3 and 4, #26), the transparent layer being formed from a conformable material having optically flat surfaces such that the first side of the transparent layer bonds to the platen by intermolecular forces upon contact with the platen (Column 11, lines 37 – 65, wherein the films of PET and polyethylene display intermolecular forces as evidenced by Takashi et al., Paragraphs 0010 – 0013, and “Polymer”, Page 4, Chemical properties of polymers), the transparent layer being softer than the protective cover sheet layer (Column 10, line 54 to Column 11, line 23), the transparent layer having a surface area that corresponds to the surface area of the platen (Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.), the transparent layer having a second side opposite the first side of the transparent layer (Figures, #20); and a stiffener layer having a first side that removably contacts the second side of the transparent layer (Figures 3 and 4, #28),the stiffener layer being stiffer than the transparent layer (Column 11, lines 6 – 23), the stiffener layer and the protective cover sheet layer being formed from a same material, having a same thickness, having a same stiffness, and having a same surface area that corresponds to the surface area of the platen (Column 11, lines 6 – 23; Figures, wherein the film may be trimmed to fit the surface. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04.), the stiffener layer being configured to be peeled off the transparent layer after the transparent layer has been adhered to the platen to expose the second side of the transparent layer (Figure 9; A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The film of Kassab may be attached to any surface, including a platen.) as in claim 19. With respect to claim 20, the transparent layer is transparent at a wavelength of sensor light of the optical biometric sensor; and the transparent layer has a refractive index that is within twenty percent of a refractive index of the platen (Column 11, lines 37 – 65, wherein the film may be a variety of materials. Column 9, line 54 to Column 10, line 33, wherein the polyester remains optically clear and undetectable to the casual observer.).
Response to Arguments
Applicant's arguments filed July 15, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that “Takashi et al. and the Polymer encyclopedia entry were cited by the Examiner only as evidence of the general meaning of polymer materials. Neither reference cures Kassab's failure to disclose the sizing limitation addressed below.”, “The sizing of the membrane is not merely a design choice. For example, paragraphs [0013] and [0014] of the present Application clearly state that the membrane is used to reduce or eliminate latent print images that may be caused by a previous person's fingerprint or palm print. The membrane would be ineffective at reducing or eliminating the latent print images if it were not sized to the platen. For example, a membrane that covers only half of the surface area of the platen would surely leave latent print images in the other half of the surface area. In other words, the membrane being sized to the platen is important for the membrane to reduce or eliminate latent print images caused by a previous person's fingerprint or palm print.”, and “Because Kassab discusses stickers that are all smaller than the flat surfaces on which they are adhered, Kassab fails to disclose, teach, or even suggest a sticker assembly that has "a surface area that corresponds to a surface area of the" flat surface on which it is adhered, such as claimed. Because Kassab does not disclose each and every element of independent claims 1 and 19, Applicant respectfully submits that no case of anticipation exists, and independent claims 1 and 19 are allowable.”, the Examiner respectfully disagrees. Applicant has not shown any criticality to the size as there are no required dimensions for the membrane beyond being sized to fit a platen that may be “configured to received a finger or palm of a user.” Hands and fingers vary in size across the human race, some are much smaller or larger than others, requiring the size of the platen to change, along with the membrane used to protect it. Kassab clearly states that the film may be trimmed in order to accommodate a sticker and protect a sticker (Claims 5 and 7; Column 6, lines 34 – 67). Kassab also clearly shows that the size of the film may vary depending on the sticker (Figures 12 and 14). In order for the film of Kassab to fit on a platen, one of ordinary skill in the art would trim the film to fit the size of the platen. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the membrane of Kassab protecting the surface of platen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 July 24, 2026
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