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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because figures 2 and 3 show numeral reference 10 for 2 different components, the antenna should be numeral reference 12 according to the specification, page 7, line 11. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
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.
Regarding claims 1-10, the phrase "optionally" in claim 1, line 4, renders the claims indefinite because it makes claim scope unclear and ambiguous.
Regarding claims 1-7, 9 and 10, the phrase "preferably" in claim 1, line 9, renders the claims indefinite because it is unclear whether a feature is an absolute requirement or an option choice.
Claims 1-7, 9 and 10 recite the limitation "the coupling factor" in claim 1, lines 29-30. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the smaller dimension of the contactless communication device" in claim 4, line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the smaller dimension of the contactless communication device" in claim 5, line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8, the phrase “the coupling device may optionally be attached to the protective case” in lines 6-7, renders the claims indefinite because it introduces permissive or optional language and makes claim scope ambiguous.
Claim 9, the phrase "wherein the contactless communication device may comprise a coupling device" in lines 12-13, renders the claim indefinite because it introduces permissive or optional language.
Claim 9 recites the limitation "the shape of the contactless communication device" in claim 9, line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim limitations “means for positioning said coupling device relative to said contactless communication device”, “attachment means”, “visual referencing means”, “relative position means” in claims 1-3 and 5, invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukushima et al. (EP 1385120 A1).
Regarding claim 1, Fukushima et al. (figures 1-5) disclose a coupling device (booster coil 3, paragraph [0027]) for near-field communication (paragraph [0004]) between: a. a contactless communicating device (IC card module 4) comprising a near-field communication module (43) and antenna (42) (paragraphs [0009],[0011], [0019] and [0030]), optionally in the form of a stand-alone module, and b. a radio-frequency transmitter (5) comprising a near-field communication antenna (51) capable of emitting a field along field lines (paragraph [0034]), the coupling device comprising: a flexible support (figure 3, substrate 31, paragraph [0027] and [0023]), a near-field communication antenna (figure 3, antenna 32), preferably arranged on the support, characterized in that the coupling device further comprises: means for positioning said coupling device relative to said contactless communicating device or to said radio-frequency transmitter (Figures 1a, 1b and 2a; paragraph [0020] “IC card module 4 is mounted in the form of being inserted in a recess made in the partitioned interior. It is desirable that the booster coil 3 be generally larger than the IC card module 4 in area. In the illustrated example, the IC card module 4 is disposed so as to cover most part of the battery pack 2”), said relative positioning means comprising at least one of the following: attachment means, and visual referencing means, said relative positioning means being configured to arrange the near-field communication antenna of said coupling device relative to the near-field communication antenna of the contactless communicating device and/or to the near-field communication antenna of the radio-frequency transmitter, so that: when the near-field communication antenna of the contactless communicating device is in the field of the near-field communication antenna of said radio-frequency transmitter, then said near-field communication antenna of the contactless communicating device emits a field along field lines; and the near-field communication antenna of the coupling device is arranged both in the field lines of the contactless communicating device and in the field lines of said radio-frequency transmitter; the coupling device acting as a waveguide to optimize the coupling factor between the radio-frequency transmitter and the contactless communicating device (paragraphs 0020] and [0027], "the antenna coil is designed preferably so that the capacitive element resonates with the coil in the vicinity of a carrier frequency for a signal to be transmitted or received under a condition that the coil is actually coupled thereto.", paragraph [0030] "When the booster coil 3 is provided therebetween and its resonating action is used, the antenna coil 42 can have equivalently an increased surface area and thus its communication distance can be increased", and paragraph [0034] "The information is received at the antenna coil 32A of the booster coil 3. Since the booster coil 3 has a large surface area as mentioned above and the resonance frequency of the capacitive element 33 is set to be nearly equal to the frequency of the above carrier, a receivable power is large for this reason, the information is given with such a large power from the antenna coil 32B to the antenna coil 42 of the IC card module 4 and further to the non-contact type IC 43"; it is implicit that the "booster coil" acts as a waveguide such that it is positioned so as to have optimum coupling).
Regarding claim 4, Fukushima et al. disclose wherein the support has two dimensions, at least one of which is larger than the smaller dimension of the contactless communicating device (Figure 4, paragraph [0030]).
Regarding claim 6, Fukushima et al. (figures 4-5) disclose a contactless communicating device (IC 4) for contactless payment or contactless identification, comprising a near-field communication module (43) and antenna (42), the device being provided in the form of: a fashion accessory, notably an item of jewelry, and in particular a watch, a key ring, a bracelet, a pendant or a ring; or a smart card, wherein: the contactless communicating device comprises a coupling device (booster coil 3) as claimed in claim 1 (see the rejection of claim 1 above), the support is attached to the contactless communicating device, with or without an adhesive layer (paragraphs [0029] and [0034]).
Regarding claim 7, Fukushima et al. (figures 1 and 5) disclose a radio-frequency transmitter (52) comprising a near-field communication antenna (51) capable of emitting a field along field lines, comprising a coupling device (booster coil 3)) as claimed in claim 1 (see the rejection of claim 1 above), wherein: the coupling device is attached to the near-field communication antenna of said transmitter; said radio-frequency transmitter being for example a reader for a contactless communicating device (IC 4) (paragraphs [0017] and [0034]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. in view of Harney (WO 2021035330 A1).
Regarding claim 2, Fukushima et al. disclose the coupling device as claimed in claim 1. In addition, Fukushima et al. disclose wherein the support comprises an upper face and a lower face, at least one of which has a flat part. Fukushima et al. do not explicitly disclose the relative positioning means comprise attachment means which comprise a set of at least one stop, arranged on the flat part of one or other of the faces of the support, such that the contactless communicating device can abut against said set of at least one stop. However, Harney (figure 4) discloses a relative positioning means comprise attachment means which comprise a set of at least one stop (antenna feeder port 56), arranged on the flat part of one or other of the faces of the support, such that the contactless communicating device can abut against said set of at least one stop (page 18, line 14 – page 19, line 33). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt the set of at least one stop, arranged on the flat part of one or other of the faces of the support, such that the contactless communicating device can abut against said set of at least one stop of Harney to the attachment means of Fukushima et al. for aligning the contactless communicating device with the coupling device.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. in view of Carrier et al. (US 2018/0018551 A1).
Regarding claim 3, Fukushima et al. disclose the coupling device as claimed in claim 1. In addition, Fukushima et al. disclose wherein the contactless communicating device (20) comprises a flat part comprising at least one corner. Fukushima et al. do not explicitly disclose the relative positioning means comprise attachment means which comprise a set of at least one slot in the support, each slot being configured to enable a corner of the contactless communicating device to be inserted therein. However, Carrier et al. (figure 4) disclose a relative positioning means comprise attachment means which comprise a set of at least one slot in the support, each slot being configured to enable a corner of the contactless communicating device (contactless chip card module 7) to be inserted therein (paragraphs [0045], [0048] and [0053]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt attachment means which comprise the set of at least one slot in the support of Carrier et al. to the attachment means of Fukushima et al. for aligning the contactless communicating device with the coupling device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. in view of Addonisio et al. (US 6,839,035 B1).
Regarding claim 5, Fukushima et al. disclose the coupling device as claimed in claim 1. In addition, Fukushima et al. disclose wherein the support has two dimensions, and wherein the relative positioning means comprise attachment means which comprise an adhesive layer (paragraph [0030]). Fukushima et al. do not explicitly disclose at least one of the two dimensions is smaller than the smaller dimension of the contactless communicating device. However, Addonisio et al. (figures 7-8) disclose a support (RFID antenna range extender 10) has two dimensions, at least one of the two dimensions is smaller than the smaller dimension of the contactless communicating device (column 8, line 29- column 9, line 13, “When considering the preferred coils 14 of the antenna range extender 10 of the invention, for example as depicted in FIGS. 4, 7A, 7B, 7C, and 8, a number of size and area considerations are possible”). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt a number of size including the dimensions of the support wherein at least one of the two dimensions is smaller than the smaller dimension of the contactless communicating device of Addonisio et al. to the coupling device of Fukushima et al. as a system design preference for serving the same purpose of extending range of the radio-frequency transmitter.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al. in view of Cox, III (US 2014/0103789 A1).
Regarding claim 8, Fukushima et al. (figures 1-5) disclose a near-field radio-frequency transmitter (1), wherein: said radio-frequency transmitter is a portable phone comprising a frame (paragraphs [0017]-[0018]), and the coupling device (booster coil 3) is attached to the portable phone or to said frame (paragraphs [0017] and [0027]). Fukushima et al. do not explicitly disclose the portable phone is a smartphone and if the smartphone comprises a protective case, the coupling device may optionally be attached to the protective case. However, Cox, III (figure 7) disclose a smartphone with a protective case (paragraph [0028]) which can attach a coupling device (paragraph [0042]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt the smartphone with a protective case of Cox, III to the portable phone of Fukushima et al. for more advanced functions and protecting the phone.
Regarding claim 10, Fukushima et al. (figures 1-5) disclose a method for near-field communication coupling between a contactless communicating device (IC card module 4) and a portable phone (portable phone terminal 1) acting as a radio-frequency transmitter (5, paragraph [0034]) comprising a near-field communication antenna (31) capable of emitting a field along field lines, using a coupling device (booster 3, paragraph [0027]) as claimed in claim 1 (see the rejection of claim 1 above), the method comprising steps of attaching the coupling device to the portable phone or to the contactless communicating device using the portable phone to emit a radio-frequency field (paragraphs [0017]-[0022]). Fukushima et al. do not explicitly disclose the portable phone is a smartphone and moving said smartphone and said contactless communicating device in parallel planes, at a distance such that said contactless communicating device is in the field lines of said smartphone, determining the coupling factor between said smartphone and said contactless communicating device for a set of relative positions, and identifying the relative position at which the coupling factor is maximum. However, Cox, III (figure 7) disclose a smartphone which can attach a coupling device (paragraph [0042]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt the smartphone of Cox, III to the portable phone of Fukushima et al. for more advanced functions. Fukushima et al. and Cox, III do not explicitly disclose moving said smartphone and said contactless communicating device in parallel planes, at a distance such that said contactless communicating device is in the field lines of said smartphone, determining the coupling factor between said smartphone and said contactless communicating device for a set of relative positions, and identifying the relative position at which the coupling factor is maximum. However, the steps of moving said smartphone and said contactless communicating device in parallel planes, at a distance such that said contactless communicating device is in the field lines of said smartphone, determining the coupling factor between said smartphone and said contactless communicating device for a set of relative positions, and identifying the relative position at which the coupling factor is maximum would be obvious for a person skilled in the art to try and find out the position which maximum coupling factor. Therefore, it would have been obvious for one ordinary skill in the art to adapt the steps of moving said smartphone and said contactless communicating device in parallel planes, at a distance such that said contactless communicating device is in the field lines of said smartphone, determining the coupling factor between said smartphone and said contactless communicating device for a set of relative positions, and identifying the relative position at which the coupling factor is maximum to the method of Fukushima et al. and Cox, III to find the best position for optimize the communication between the smartphone and the contactless communication device.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al.
Regarding claim 9, Fukushima et al. (figures 1-5) disclose a near-field communication system comprising: a coupling device (booster coil 3, paragraph [0027]) as claimed in claim 1 (see the rejection of claim 1 above) a contactless communicating device (IC card module 4) for contactless payment or contactless identification, comprising a near-field communication module (43) and antenna (42), and a display package (paragraph [0017]); wherein the contactless communicating device is provided in the form of: a fashion accessory, notably an item of jewelry, and in particular a watch, a key ring, a bracelet, a pendant or a ring; or a smart card, wherein the contactless communicating device may comprise a coupling device (paragraphs [0009],[0011], [0019] and [0030]). Fukushima et al. do not explicitly disclose the display package has a shape that locally conforms to the shape of the contactless communicating device, the display package comprising said coupling device. However, Fukushima et al. disclose the contactless communicating device (the IC card module) is mounted by a suitable mounting means with an insert port provided in the portable telephone (paragraphs [0018] and [0019]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of claimed invention to adapt the suitable mounting means of Fukushima et al. to the display package of Fukushima et al. as a system design preference for serving the same function as holding the contactless communicating device in the portable telephone.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Deprun et al. (US 11,055,691 B2) disclose a method for near field communication between a mobile device and a contactless card, comprising the following steps: displaying, on a screen of the mobile device, a positioning pattern, positioning the contactless card in a first position, in proximity to the mobile device, where a card indicator for which provision is made on the contactless card is aligned with the displayed positioning pattern, and setting up a near field communication between the mobile device and the contactless card in the first position.
Rezayee (US 10,861,003 B1) teaches a system for communicating data between two contactless contactless devices includes a carrier emitting device having a first antenna configured to transmit a wireless carrier signal; a first contactless device configured to operate in a first mode or a second mode; in the first mode, the first contactless device functions as an initiator to initiate communication with a second contactless device, using the wireless carrier signal provided by the carrier emitting device; in the second mode, the first contactless device functions as a target device transmitting data in response to a signal from another contactless device.
Behin (US 9,173,247 B2) discloses a mobile wireless communications device includes a portable housing, an NFC transceiver carried by the portable housing, and an antenna assembly coupled to the NFC transceiver and comprising a plurality of loop antennas connected in parallel, and progressively increasing in size from an innermost loop antenna to an outermost loop antenna.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY ADDY can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
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