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 2-5 and 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Heim reference (discussed in greater depth infra), which is the prior art closest to Applicants’ claimed invention, and there would be no obvious reason to modify Heim to the extent necessary to satisfy each of Applicants’ pertinent limitations.
With respect to claims 2-3 and 8-9 (and claims 4-5 depending therefrom), the provision of different reflectivity but substantially unchanged opacity by way of laser exposure, platelets disposed within ink compositions, and document layers bearing different levels of opacity and transparency are well known, but providing such specific configurations as Applicants’ claims call for would likely interfere with the ability of the Heim reference to function as originally configured.
In view of the foregoing, the modifications necessary to satisfy each of Applicants’ claim limitations would be likely to render the Heim assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such optically variable assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 2-5 and 8-9 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.
Note that any change to the scope of the claimed invention related to the aforementioned claims may potentially affect the determinations/treatment of claims set forth supra.
Claim Objections
Claim 15 is objected to because of the following informalities: the claim 15 recitation of “Claim” should read “claim”. Appropriate correction is required.
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 1-16 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.
Regarding claims 1, 3, 5, 7, 9-10, and 12-13 the phrase "in particular" renders the claims indefinite because it is unclear whether the limitations following the phrase are actually requisite parts of the claimed invention. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claims 1 and 14 recitations of “one partial motif of the front-side motif is arranged in the upper and lower motif layers” and “one partial motif of the back-side motif is arranged in the upper and lower motif layers” are unclear. How can a “front-side motif” be arranged in both upper and lower motif layers? How can a “back-side motif” be arranged in both upper and lower motif layers? Exactly what structure is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claims 1 and 14 recite the limitations "the two partial motifs", “the front side” and “the upper and lower motif layer”; ii) claims 1-2, 12 and 15-16 recite the limitation “the motif information”/ “said motif information”; iii) claims 3 and 5 recite the limitation “the areas with motif information”; iv) claim 6 recites the limitation “the same”; v) claim 9 recites the limitation “the region of the motif images”; vi) claim 15 recites the limitation “the side”; and vii) claim 16 recites the limitation “the cover films” (note that only one “cover film” is previously recited).
The claim 1 recitation of “of which” is unclear, as it is unknown exactly which element is being invoked. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 7 recitations of “in projection” are unclear, as it is unknown exactly how “in projection” is to be interpreted. The Office acknowledges the portion of Applicants’ attempt to define the term “projection” within the originally filed specification, but said definition recites in part, “projection means a projection….” As such, the phrase “in projection” remains unclear. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claim 10 initially calls for a thickness “above 100 micrometers”, but then calls for said thickness to be “between 100 micrometers and 500 micrometers”. Note that the range “between 100-500 micrometers” is commonly understood to include “100 micrometers”, which is inconsistent with the earlier recitation of “above 100 micrometers”. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 4, 8 and 11 are rejected as depending (directly or indirectly) from rejected independent claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-7 and 10-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2011/0101670 to Heim (“Heim”).
Regarding claim 1, Heim anticipates a data carrier (e.g. five-layer composition, as shown in fig. 3 and discussed at para. 29 and 50; per para. 42-43, the composition may be a data carrier), in particular a valuable or security document (e.g. value document discussed at para. 42), with two different motif images (e.g. images formed by partially transmitting layers 1 and 8, respectively, as shown in fig. 3) which are visible (fig. 3) from opposite faces (e.g. upper and lower external faces, as shown in fig. 3) of the data carrier (aforementioned five-layer composition), namely a front-side motif (e.g. image formed by partially transmitting layer 1, individually, as shown in fig. 3) and a back-side motif (e.g. image formed by partially transmitting layer 8, individually, as shown in fig. 3), wherein: i) the data carrier (aforementioned five-layer composition) has a multi-layer structure (fig. 3) with an upper motif layer (e.g. partially transmitting layer 1, as shown in fig. 3), a lower motif layer (e.g. partially transmitting layer 8, as shown in fig. 3) and an intermediate layer (e.g. dielectric layers 2 and 7, and reflecting layer 3, together, as shown in fig. 3) arranged between (fig. 3) the motif layers (1 and 8) which is at least partially translucent (para. 31, 38 and 42), ii) respectively one partial motif (e.g. gapped areas within partially transmitting layers 1 and 8, as shown in fig. 3) of the front-side motif (aforementioned image formed by partially transmitting layer 1) is arranged in (fig. 3) the upper and lower motif layers (1 and 8, respectively) and the two partial motifs (aforementioned gapped areas within partially transmitting layers 1 and 8) complement each other (fig. 3) to form (fig. 3) the front-side motif (aforementioned image formed by partially transmitting layer 1) when the data carrier (aforementioned five-layer composition) is viewed from the front side (e.g. upper surface of partially transmitting layer 1, as shown in fig. 3) and/or iii) respectively one partial motif (e.g. solid areas within partially transmitting layers 8 and 1, as shown in fig. 3) of the back-side motif (aforementioned image formed by partially transmitting layer 8) is arranged in (fig. 3) the upper and lower motif layer (1 and 8, respectively) and the two partial motifs (aforementioned solid areas within partially transmitting layers 8 and 1) complement each other (fig. 3) to form (fig. 3) the back-side motif (aforementioned image formed by partially transmitting layer 8) when the data carrier (aforementioned five-layer composition) is viewed from the back side (e.g. lower surface of partially transmitting layer 8, as shown in fig. 3), and iv) the upper and lower motif layers (1 and 8, respectively) are each formed by a laser-modified (para. 8) printing (para. 37) ink (note that the printing operation discussed at para. 37 can be executed in association with inks as desired), the motif information (e.g. information content discussed at para. 29) of which, produced by laser exposure (e.g. laser demetallization discussed at para. 39) and forming (fig. 3) the front-side and back-side motifs (aforementioned images formed by partially transmitting layers 1 and 8, respectively), is only visible when viewed in reflected light (para. 13), but not when viewed in transmitted light (para. 13).
Regarding claim 6, Heim anticipates the data carrier according to claim 1, characterized in that the upper and lower motif layers (1 and 8, respectively) are formed by the same laser-modified printing ink (fig. 3).
Regarding claim 7, Heim anticipates the data carrier according to claim 1, characterized in that the upper and lower motif layers (1 and 8, respectively) are offset from one another (fig. 3), in particular that the upper and lower motif layers (1 and 8, respectively) are configured to overlap one another in projection (fig. 3) or to directly abut one another in projection.
Regarding claim 10, Heim anticipates the data carrier according to claim 1, characterized in that the intermediate layer (2, 7 and 3, together) has a thickness above 100 micrometers, in particular a thickness between 100 micrometers and 500 micrometers (note that thicknesses may be selected as desired, as discussed at para. 30).
Regarding claim 11, Heim anticipates the data carrier according to claim 1, characterized in that the upper and lower motif layers (1 and 8, respectively) are each covered with a transparent cover film (e.g. transparent varnishes discussed at para. 31).
Regarding claim 12, Heim anticipates the data carrier according to claim 1, characterized in that the motif information (aforementioned information content discussed at para. 29) of at least one of the motif images (aforementioned images formed by partially transmitting layers 1 and 8, respectively) contains a personalization, in particular a portrait (e.g. images discussed at para. 46) and/or a signature.
Regarding claim 13, Heim anticipates the data carrier according to claim 1, characterized in that the data carrier (aforementioned five-layer composition) is an identification card (para. 42), in particular an identity card (para. 42), a data page for an identity document, a bank card, a credit card or a driving licence.
Regarding claim 14, Heim anticipates a method for producing a data carrier according to claim 1, in which: i) the data carrier (aforementioned five-layer composition) is formed with a multi-layer structure (fig. 3) with an upper motif layer (1), a lower motif layer (8) and an intermediate layer (2, 7 and 3, together) arranged between (fig. 3) the motif layers (1 and 8) which is at least partially translucent (para. 31, 38 and 42), ii) respectively one partial motif (aforementioned gapped areas within partially transmitting layers 1 and 8) of the front-side motif (aforementioned image formed by partially transmitting layer 1) is arranged in (fig. 3) the upper and lower motif layer (1 and 8, respectively) and the two partial motifs (aforementioned gapped areas within partially transmitting layers 1 and 8) complement each other (fig. 3) to form (fig. 3) the front-side motif (aforementioned image formed by partially transmitting layer 1) when the data carrier (aforementioned five-layer composition) is viewed from the front side (e.g. upper surface of partially transmitting layer 1, as shown in fig. 3), and/or iii) respectively one partial motif (e.g. solid areas within partially transmitting layers 8 and 1, as shown in fig. 3) of the back-side motif (aforementioned image formed by partially transmitting layer 8) is arranged in (fig. 3) the upper and lower motif layers (1 and 8, respectively) and the two partial motifs (aforementioned solid areas within partially transmitting layers 8 and 1) complement each other (fig. 3) to form (fig. 3) the back-side motif (aforementioned image formed by partially transmitting layer 8) when the data carrier (aforementioned five-layer composition) is viewed from the back (aforementioned five-layer composition), and iv) the upper and lower motif layers (1 and 8, respectively) are each formed by a laser-modified (para. 8) printing (para. 37) ink (note that the printing operation discussed at para. 37 can be executed in association with inks as desired) in which, by laser exposure (e.g. laser demetallization discussed at para. 39), motif information forming (fig. 3) the front-side and back-side motifs (aforementioned images formed by partially transmitting layers 1 and 8, respectively) is produced and which is only visible when viewed in reflected light (para. 13), but not when viewed in transmitted light (para. 13).
Regarding claim 15, Heim anticipates the method according to Claim 14, characterized in that, in order to produce the motif images (aforementioned images formed by partially transmitting layers 1 and 8, respectively), a laser-modifiable (para. 8) printing (para. 37) ink (note that the printing operation discussed at para. 37 can be executed in association with inks as desired) is arranged on opposite faces (e.g. upper and lower external faces, as shown in fig. 3) of the intermediate layer (2, 7 and 3, together), and the motif information (aforementioned information content discussed at para. 29) of the front-side motif (aforementioned image formed by partially transmitting layer 1) is produced by laser exposure (aforementioned laser demetallization discussed at para. 39) from the side of the upper motif layer (1), and the motif information (aforementioned information content discussed at para. 29) of the back-side motif (aforementioned image formed by partially transmitting layer 8) is produced by laser exposure (aforementioned laser demetallization discussed at para. 39) from the side of the lower motif layer (8) in the upper and/or lower motif layer (1 and 8, respectively).
Regarding claim 16, Heim anticipates the method according to claim 14, characterized in that the laser-modifiable (para. 8) printing (para. 37) ink (note that the printing operation discussed at para. 37 can be executed in association with inks as desired) of the upper and lower motif layers (1 and 8, respectively) is printed onto a transparent cover film, the printed cover films are bonded to the intermediate layer (2, 7 and 3, together), and the laser-modifiable printing ink (note that the printing operation discussed at para. 37 can be executed in association with inks as desired) is subsequently exposed to laser radiation (e.g. laser demetallization discussed at para. 39) in order to produce the motif information (aforementioned information content discussed at para. 29) of the front-side motif (aforementioned image formed by partially transmitting layer 1) and the back-side motif (aforementioned image formed by partially transmitting layer 8) in the upper and/or lower motif layer (1 and 8, respectively).
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.
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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
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