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 .
Allowable Subject Matter
Claims 1-30 are potentially allowable.
The following is a statement of reasons for the indication of allowable subject matter: Applicants’ amendment is primarily focused on curing the previously identified deficiencies under 35 USC 112. As such, the claims remain potentially allowable for the reasons set forth within the previously issued Office Action. The Office notes that pursuant to Applicants’ amendment a further search of the pertinent body of prior art was executed. Within said search, U.S. Patent Application Publication No. 2009/0108078 to Schumann et al. (“Schumann”) was identified. However, the independent claims 1 and 30 constituent combination of structural elements, relative thicknesses of layers, and indica-based shaping of the claimed plurality of openings is not present within Schumann. Further, the extensive modifications to Schumann that would be required to satisfy each of Applicants’ required limitations would be likely to render the Schumann card incapable of continuing to perform in the specific manner set forth within its disclosure, in view of the particularly sensitive nature of such secure card assemblies. Accordingly, the claims remain potentially allowable for the reasons set forth within the previously issued Office Action.
Claims 1 and 30 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 9 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 1-30 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 30 recitations of “the back face” are unclear, as it is unknown whether Applicants actually intend to refer to the “body back face” element, or alternatively, establish some other new “back face” element/component. Exactly what structure/configuration is sought? Applicants are encouraged to main consistency with the naming/designation of elements throughout the claims. Please review/revise/clarify.
The claims 1 and 30 recitations of “the front face” are unclear, as it is unknown whether Applicants actually intend to refer to the “body front face” element, or alternatively, establish some other new “front face” element/component. Exactly what structure/configuration is sought? Applicants are encouraged to main consistency with the naming/designation of elements throughout the claims. Please review/revise/clarify.
Claim 9 recites the limitation "a second portion of the body". There is insufficient antecedent basis for this limitation in the claim. Note that there is no earlier mention of a “first portion of the body”. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 2-8 and 10-29 are rejected as depending (directly or indirectly) from rejected independent 1.
Response to Arguments
In response to Applicants’ argument that the claims have been amended to cure all deficiencies under 35 USC 112 (Arguments/Remarks pgs. 13-14), Applicants are encouraged to see the treatment of claims set forth supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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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.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637