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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0256987 to Jennings in view of US 2023/0096354 to Tran et al. (Tran).
Regarding claim 1, Jennings discloses a wallet assembly (1000, Fig 11a) comprising a plurality of flexible plaque members comprising a first plaque member (531), second plaque member (533), each plaque member including first, second, third and fourth sides, first and second sides extending between the ends (Fig 11b) of each plaque member, a removable band member (535) configured to maintain a compressive force between the plaque members (€0063). Jennings does not teach the band member having sides of different width to form an angular edge. Tran discloses a wallet band (20, Fig 6) and in particular discloses the band member of a shape having sides (A, B, Fig 1 below) of different width to form an angular edge (C, Fig 1 below). One of ordinary skill in the art would have found it obvious to change the shape of the Jennings band such it was a rectangular with sides of different width forming an angular edge in order to facilitate holding of the plaque members.
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Claim(s) 3, 5, 8-9, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jennings in view of Tran and US 2021/0106340 to Larson et al. (Larson).
Regarding claim 3, Jennings teaches the device of claim 1 except for the recited material of the band member. However, Larson discloses a band (12, Fig 1) and in particular discloses the band made of TPU (€0065). One of ordinary skill in the art would have found it obvious to manufacture the Jennings band of TPU as suggested by Larson in order to facilitate stretching.
Regarding claim 5, Jennings further discloses notches (A, Fig 11b below) on opposite sides of the plaque members to hold the band portion (535) and sides to remain generally planar (Fig 11a).
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Regarding claim 8, Jennings further teaches each plaque (531, 533) having first and second notch (A, Fig 11b above) positioned along a length of opposed edges and extending a predetermined depth be a distance between opposite notches that can align with a standard card since it has the structure as recited.
Regarding claim 9, Jennings further discloses band member (535) seated within the notch of both plaque members securely forming a continuous planar edge of the assembly without a bump or protrusion along the side members (Fig 11a).
Regarding claim 12, the modified Jennings teaches the wallet of claim 5 and further teaches the band member of elastic TPU (abstract).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jennings in view of Tran, Larson and US 2013/0276943 to Minn et al. (Minn).
Regarding claims 6-7, the modified Jennings teaches the assembly of claim 5 but does not teach coating to provide RFID blocking capabilities. However, Jennings teaches the plaque members made of polymer with coating (€0076). Minn discloses a wallet with metal coating to block RFID (€0054). Taken as a whole, one of ordinary skill in the art would have found it obvious to incorporate metal coating to the polymer plaque members of Jennings in order to block RFID.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jennings in view of Tran, Larson and Applicant admitted prior art (AAPA).
Regarding claim 10, the modified Jennings teaches the assembly of claim 9 but does not teach the recited material of TPU. However, due to the lack of challenge to the official notice, applicant has admitted that polycaprolactone based TPU was known in the art and one of ordinary skill in the art would have found it obvious to manufacture the band of polycaprolactone based TPU to facilitate flexibility since it has been held that selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jennings in view of Tran, Larson and US 2013/0276943 to Minn et al. (Minn).
Regarding claim 13, the modified Jennings teaches the assembly of claim 8 but does not teach band member having a grip portion. However, Minn discloses a band member (16) and in particular discloses the band member having a grip portion (18) with a width greater than the top surface of the band portion (Fig 3). One of ordinary skill in the art would have found it obvious to incorporate a grip portion to the band member of Jennings as suggested by Minn in order to apply a more stable compressive force (€0034).
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0240635 to Timpson et al. (Timpson) in view of Jennings and Tran.
Regarding claim 1, Timpson discloses a wallet assembly (100, Fig 1) comprising a plurality of plaque members comprising a first plaque member (102), second plaque member (104), each plaque member including first and second ends, first and second sides extending between the ends (Fig 2), a removable band member (106) configured to maintain a compressive force between the plaque members (€0023). Timpson does not explicitly teach the plaque members flexible. However, Jennings discloses a wallet assembly (1000) and in particular discloses the material of the wallet to be flexible (€0012). One of ordinary skill in the art would have found it obvious to make the plaque members of Timpson out of flexile material as suggested by Jennings in order to facilitate holding of cards. The modified Timpson does not teach the band member having sides of different width to form an angular edge. Tran discloses a wallet band (20, Fig 6) and in particular discloses the band member of a shape having sides (A, B, Fig 1 above) of different width to form an angular edge (C, Fig 1 above). One of ordinary skill in the art would have found it obvious to change the shape of the Jennings band such it was a rectangular with sides of different width forming an angular edge in order to facilitate holding of the plaque members.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Timpson in view of Jennings, Tran and Larson.
Regarding claim 3, the modified Timpson teaches the device of claim 1 except for the recited material of the band member. However, Larson discloses a band (12, Fig 1) and in particular discloses the band made of TPU (€0065). One of ordinary skill in the art would have found it obvious to manufacture the Jennings band of TPU as suggested by Larson in order to facilitate stretching.
Claim(s) 14-15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Timpson in view of Jennings, Tran, Larson and US 2015/0083289 to Johnson et al. (Johnson).
Regarding claim 14, the modified Timpson teaches the wallet of claim 3 and further teaches each plaque member (102, 104) having a first recessed area (114, 116) but does not teach a second recessed area at the opposite end. However, Johnson discloses a plaque member (24) having at least two recessed areas at opposite ends (adjacent 36, 38). One of ordinary skill in the art would have found it obvious to incorporate a second recessed area to Timpson opposite the first as suggested by Johnson in order to incorporate additional finger slot access.
Regarding claim 15, the modified Timpson further discloses recessed areas can be placed on respective ends of the plaque members and configured to allow a user easy access since it has the structure as recited.
Regarding claim 18, the modified Timpson further discloses recessed areas forming tabs on each corner that would allow a user to lift and flex the plaque member since it has the structure as recited.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Timpson in view of Jennings, Tran, Larson, Johnson and US Patent No. 11,445,791 to Jones.
Regarding claim 19, the modified Timpson teaches the wallet of claim 14 but does not teach band member having first and second surfaces with different coefficient of friction. However, Jones discloses a wallet band with first (112) and second (113) surfaces with different coefficient of friction since they have different surface structures (col. 3, ll. 60-65). One of ordinary skill in the art would have found it obvious to incorporate textured surface to the band of Timpson as suggested by Jones in order to facilitate holding.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0240635 to Timpson in view of Jennings, Johnson, Larson, AAPA and Tran.
Regarding claim 20, Timpson discloses a wallet assembly (100, Fig 1) comprising a first plaque member (102) having first, second, third and fourth side, first and second side opposite each other, third and fourth side positioned opposite each other, first side having a recessed area (114), a second plaque member (104) having first, second, third and fourth side, first and second side positioned opposite each other and third and fourth opposite each other, first side having a recessed area (116), a band member (106) having a first and second side and an edge, the band member including a band portion (106) and a grip portion (107), the band member configured to maintain a compressive force between the plaque members, the first, second, third and fourth sides of plaque members including groove (108a, 108b, 110a, 110b) to engage band portion which is configured to be housed within grooves and form a continuous planar edge without bump or protrusion along sides of the plaque members (Fig 5). Timpson does not explicitly teach the plaque members flexible. However, Jennings discloses a wallet assembly (1000) and in particular discloses the material of the wallet to be flexible (€0012). One of ordinary skill in the art would have found it obvious to make the plaque members of Timpson out of flexile material as suggested by Jennings in order to facilitate holding of cards. The modified Timpson does not teach a second recessed area at the opposite end. However, Johnson discloses a plaque member (24) having at least two recessed areas at opposite ends (adjacent 36, 38). One of ordinary skill in the art would have found it obvious to incorporate a second recessed area to Timpson opposite the first as suggested by Johnson in order to incorporate additional finger slot access. Timpson does not teach recited material of the band member. However, Larson discloses a band (12, Fig 1) and in particular discloses the band made of TPU (€0065). One of ordinary skill in the art would have found it obvious to manufacture the Jennings band of TPU as suggested by Larson in order to facilitate stretching. Furthermore, applicant admits that polycaprolactone based TPU was known in the art and one of ordinary skill in the art would have found it further obvious to manufacture the band of polycaprolactone based TPU to facilitate flexibility since it has been held that selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). Timpson does not teach the band member having sides of different width to form an angular edge. Tran discloses a wallet band (20, Fig 6) and in particular discloses the band member of a shape having sides (A, B, Fig 1 above) of different width to form an angular edge (C, Fig 1 above). One of ordinary skill in the art would have found it obvious to change the shape of the Timpson band such it was a rectangular with sides of different width forming an angular edge in order to facilitate holding of the plaque members.
Response to Arguments
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive. Initially, it is noted that applicant does not argue the rejection of the dependent claims. Applicant argues that Jennings teaches away from flexible plaque members since Jennings discloses a hinge. This is not persuasive because Jennings explicitly discloses that the plaque members can be made flexible (€0012). Applicant argues that none of the prior art teach band with sides of different widths. However, Tran discloses a band member where two of the sides have different widths and form an angular edge. One of ordinary skill in the art would have found it obvious to substitute the band of Jennings or Timpson with a functionally equivalent band width sides of different widths or change the shape of the band to be rectangular as suggested by Tran in order to keep the plaque members together.
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 ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm.
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/ROBERT POON/Examiner, Art Unit 3735
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