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 8 and 16 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 Lister 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 Lister to the extent necessary to satisfy each of Applicants’ pertinent limitations.
With respect to claims 8 and 16, the provision of a laser marking material on a security element is well known, but adding such a laser marking material into Lister’s fig. 6 arrangement atop the transparent layer 52 would require the covering or replacement of at least some portions of Lister’s color layer 55, which is the main component of the assembly providing angle-dependent visual effects. As such, it would interfere with the ability of the Lister color layer 55 to perform as effectively as contemplated within its disclosure.
In view of the foregoing, the modifications necessary to satisfy each of Applicants’ claim limitations would be likely to render the Lister assembly incapable of continuing to optimally operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such angle-dependent optical security assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 8 and 16 would be allowable if rewritten to overcome the rejection(s) 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 Objections
Claim 15 is objected to because of the following informalities: the claim contains a plurality of capitalized words throughout the claim. Note that a claim should only contain one capitalized word, at its beginning. 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 1-18 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, 15 and 17, the phrase "such as" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claims 1 and 15 recite the limitation "the region of the surface structure"; and ii) claim 13 recites the limitation “the further extension direction (E’).
The claim 4 recitations of “the surface structure is associated with a surface structure pitch” and “the print is associated with a printing resolution” are unclear, as it is unknown exactly what sort of “associations” are desired. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 4 recitation of “the surface structure pitch and the printing resolution matching or mismatching one another” is unclear, as it is unknown exactly how a pitch measurement and printing resolution measurement can “match” or “mismatch” each other. Exactly what structure/configuration is sought? Please review/revise/clarify.
Regarding claims 9 and 17-18, the terms "preferably", “particularly preferably” and “in particular” render the respective claims indefinite because it is unclear whether the limitations following the terms are actually requisite parts of the claimed invention. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 10 recitation of “the top side the data carrier” is unclear. Do Applicants actually intend to recite “the top side of the data carrier”? Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 14 recitation of “[t]he data carrier of claim 1 is contained in a secure article” is narrative in nature. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 17 recitation of “generated based on a same data set being input to a printer” is unclear. Exactly how is the “based on” limitation to be interpreted? Exactly what evaluation/determination is to be made? Please review/revise/clarify.
As presented, claim 17 lacks a period. Accordingly, it is unclear whether such a period has simply been inadvertently omitted following the recitation of “comprising the lamination plate”, or instead, a crucial intended limitation (containing a period at its conclusion) of the claim has been omitted. As such, the actual entire scope of the claim remains unknown. Please review/revise/clarify.
Claims 2-3, 5-8, 11-13 and 16 are rejected as depending (directly or indirectly) from rejected independent claims 1 and 15.
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 1-7, 9-15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2014/0312606 to Lister (“Lister”).
Regarding claim 1, Lister anticipates a data carrier (e.g. security device 50, as shown in fig. 6) for a secure article (e.g. document of value, as discussed at para. 2) such as a passport (para. 2) comprising: i) a carrier body (e.g. transparent layer 52, as shown in fig. 6 and discussed at para. 118); and ii) at least one security element (e.g. raised regions 53 and color layer 55, together, as shown in fig. 6 and discussed at para. 118) being provided on (fig. 6) the carrier body (52); iii) wherein the security element (53 and 55, together) comprises at least one surface structure (e.g. two right-most raised regions 53, as shown in fig. 6 and discussed at para. 118) extending along (fig. 6) at least one extension direction (e.g. horizontal dimension, as shown in fig. 6) and at least one print (e.g. color layer 55, as shown in fig. 6; per para. 38, said color layer may comprise a print) such as an inkjet print (per para. 95 and 148, inkjet printing may be employed) being at least partially arranged on (para. 6) the surface structure (two right-most raised regions 53), iv) wherein the security element (53 and 55, together), in the region of (fig. 6) the surface structure (53), is configured to exhibit different appearances when being observed under different viewing angles (para. 4 and 119).
Regarding claim 2, Lister anticipates the data carrier according to claim 1, wherein the surface structure (two right-most raised regions 53) comprises elevations (e.g. peaks of relief regions 53, as shown in fig. 6) extending away from (fig. 6) the carrier body (52) and/or depressions extending towards the carrier body.
Regarding claim 3, Lister anticipates the data carrier according to claim 2, wherein a distance between (fig. 6) and/or a surface area of (fig. 6) and/or a slope of (fig. 6) the elevations (aforementioned peaks of relief regions 53) remains constant (fig. 6) or changes with respect to the extension direction (aforementioned horizontal dimension), and/or wherein a distance between and/or a surface area of and/or a slope of the depressions remains constant or changes with respect to the extension direction.
Regarding claim 4, Lister anticipates the data carrier according to claim 3, wherein the surface structure (two right-most raised regions 53) is associated with a surface structure pitch (fig. 6) and wherein the print (55) is associated with a printing resolution (para. 95), the surface structure pitch (fig. 6) and the printing resolution (para. 95) matching or mismatching one another (para. 6).
Regarding claim 5, Lister anticipates the data carrier according to claim 1, wherein the print (55) comprises at least a first colour (e.g. color of color element 56, as shown in fig. 6), and wherein a density (fig. 6) of the first colour (aforementioned color of color element 56) on the surface structure (two right-most raised regions 53) remains constant (fig. 6) or varies with respect to the extension direction, and/or wherein the first colour (aforementioned color of color element 56) and the surface structure (two right-most raised regions 53) are arranged in a spatial relationship with one another (fig. 6).
Regarding claim 6, Lister anticipates the data carrier according to claim 1, wherein the print (55) comprises at least a first colour (e.g. color of color element 56, as shown in fig. 6) and a second colour (e.g. color of color element 57, as shown in fig. 6) being different from (fig. 6) the first colour (aforementioned color of color element 56), and wherein a density (fig. 6) of said first colour (aforementioned color of color element 56) on the surface structure (two right-most raised regions 53) equals or differs from a density (fig. 6) of said second colour (aforementioned color of color element 57) on the surface structure (two right-most raised regions 53) with respect to the extension direction (aforementioned horizontal dimension).
Regarding claim 7, Lister anticipates the data carrier according to claim 1, wherein an image (e.g. micro-image discussed at para. 61) and/or an alphanumeric character (e.g. micro-text discussed at para. 61) to be printed (para. 38) as the print (55) in an initial state (e.g. a liquid ink state) before being printed on (para. 38) the surface structure (two right-most raised regions 53) is associated with an initial appearance (e.g. appearance viewed by observer i, as shown in fig. 6) being provided by at least a first colour (e.g. color of color element 56, as shown in fig. 6) and a second colour (e.g. color of color element 57, as shown in fig. 6), and wherein the first colour (aforementioned color of color element 56) and the second colour (aforementioned color of color element 57) are arranged on (fig. 6) the surface structure (two right-most raised regions 53) with different densities (fig. 6) such, that the security element (53 and 55, together) exhibits an appearance corresponding to the initial appearance (aforementioned appearance viewed by observer i) when being observed under a first viewing angle (angle of observer i, as shown in fig. 6) while exhibiting a different appearance (e.g. appearance viewed by observers ii and iii, as shown in fig. 6) when being observed under a different viewing angle (e.g. angles of observers ii and iii, as shown in fig. 6).
Regarding claim 9, Lister anticipates the data carrier according to claim 1, wherein the carrier body and/or the surface structure comprises or consists of one or more paper-based compounds and/or one or more cardboard-based compounds and/or one or more plastics and/or one or more polymers, preferably one or more thermoplastics and/or amorphous polymers, particularly preferably polycarbonate and/or polycarbonate blends and/or polycarbonate co-extrudates, and/or wherein the surface structure (two right-most raised regions 53) corresponds to a print (55), preferably an inkjet print (per para. 95 and 148, inkjet printing may be employed).
Regarding claim 10, Lister anticipates the data carrier according to claim 1, wherein the data carrier (50) defines a top side (e.g. upper side, as shown in fig. 6), and wherein the security element (53 and 55, together) is provided on (fig. 6) the top side (aforementioned upper side) the data carrier (50). Regarding claim 11, Lister anticipates the data carrier according to claim 1, further comprising at least one further surface structure (e.g. left-most raised region 53, as shown in fig. 6 and discussed at para. 118) being different from (fig. 6) the surface structure (two right-most raised regions 53), and wherein the print (55) is furthermore at least partially arranged on (fig. 6) said further surface structure (left-most raised region 53).
Regarding claim 12, Lister anticipates the data carrier according to claim 11, wherein the further surface structure (left-most raised region 53) extends along (fig. 6) the extension direction (aforementioned horizontal dimension) or along at least one further extension direction being different from the extension direction, and/or wherein the further surface structure (left-most raised region 53) comprises further elevations extending away from (fig. 6) the carrier body (52) and/or further depressions extending towards the carrier body with respect to the further extension direction, and wherein at least one of a distance (fig. 6), a surface area (fig. 6), a slope (fig. 6), a cross-section (fig. 6) or a surface structure pitch (fig. 6) of the further elevations and/or of the further depressions equals (fig. 6) or differs from at least one of the distance (fig. 6), the surface area (fig. 6), the slope (fig. 6), the cross-section (fig. 6) or the surface structure pitch (fig. 6) of the elevations (fig. 6) and/or of the depressions of the surface structure (two right-most raised regions 53).
Regarding claim 13, Lister anticipates the data carrier according to claim 11, wherein the print comprises at least a first colour, and wherein a density of the first colour on the surface structure with respect to the extension direction equals or differs from a density of the first colour on the further surface structure with respect to the extension direction and/or the further extension direction, and/or wherein the print (55) comprises at least a first colour (e.g. color of color element 56, as shown in fig. 6) being arranged on (fig. 6) the surface structure (two right-most raised regions 53) and a further colour (e.g. color of color element 57, as shown in fig. 6) being arranged on (fig. 6) the further surface structure (left-most raised region 53), the first colour (aforementioned color of color element 56) and the further colour (aforementioned color of color element 57) differing from one another (fig. 6).
Regarding claim 14, Lister anticipates the data carrier of claim 1 is contained in a secure article, wherein the secure article is an identity card (para. 2), a passport (para. 2), a credit card, a smart card, a driving license, or a data page (para. 13).
Regarding claim 15, Lister anticipates a method of producing (written abstract) a data carrier (e.g. security device 50, as shown in fig. 6) for a secure article (e.g. document of value, as discussed at para. 2) suitable for use as a passport (para. 2), wherein the method (written abstract) comprises the steps of: i) providing a carrier body (e.g. transparent layer 52, as shown in fig. 6 and discussed at para. 118); and ii) providing at least one security element (e.g. raised regions 53 and color layer 55, together, as shown in fig. 6 and discussed at para. 118) on (fig. 6) the carrier body (52); iii) wherein the security element (53 and 55, together) comprises at least one surface structure (e.g. two right-most raised regions 53, as shown in fig. 6 and discussed at para. 118) extending along (fig. 6) at least one extension direction (e.g. horizontal dimension, as shown in fig. 6) and a print (e.g. color layer 55, as shown in fig. 6; per para. 38, said color layer may comprise a print) such as an inkjet print (per para. 95 and 148, inkjet printing may be employed) being at least partially provided on (para. 6) the surface structure (two right-most raised regions 53), iv) wherein the security element (53 and 55, together), in the region of (fig. 6) the surface structure (53), is configured to exhibit different appearances when being observed under different viewing angles (para. 4 and 119).
Regarding claim 17, Lister anticipates the method according to claim 15, further comprising the step of embossing (para. 2) preferably a structure on a lamination plate (per para. 49, a lamination step may be employed as desired) into a surface (e.g. upper surface, as shown in fig. 6) of the carrier body (52) and generating the surface structure (two right-most raised regions 53) as embossing (para. 2), wherein the print (55) and the embossing (para. 2) are preferably generated based on a same data set being input to a printer such as an inkjet printer (per para. 95 and 148, inkjet printing may be employed) and a lamination device comprising the lamination plate (para. 49).
Regarding claim 18, Lister anticipates the method according to claim 15, further comprising the step of printing, in particular inkjet printing (per para. 95 and 148, inkjet printing may be employed), the surface structure (two right-most raised regions 53) onto the surface (e.g. upper surface) of the carrier body (52).
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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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637