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 .
Claims 1-15 are pending.
Election/Restrictions
Applicant’s election of Group I, claims 1-11, in the reply filed on 11/26/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Unelected claims 12-15 are withdrawn from consideration.1 Elected claims 1-11 will be examined as follows.
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 1-2 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lotya, et al. (US 2020/0250504, herein Lotya).2 Regarding claim 1, Lotya teaches a wireless IC metal card, the card comprising: a first metal layer that receives a wireless IC chip on a top surface thereof (paragraph 0252: top metal layer ML1); an antenna layer disposed in a partial region of a bottom surface of the first metal layer and electrically connected to the wireless IC chip (paragraph 0261: module antenna); a second metal layer disposed below the first metal layer, with the antenna layer interposed therebetween (paragraph 0252: second metal layer ML2); and a third metal layer disposed below the second metal layer (paragraph 0252: third metal layer ML3), wherein the first metal layer, the second metal layer, and the third metal layer are bonded to one another to form a clad metal structure (paragraph 0252: the layers are bonded by adhesive). Regarding claim 2, Lotya teaches the second metal layer has a metal material that is different from those of the first and third metal layers, and a weight thereof is higher than those of the first and third metal layers (paragraph 0344: copper layer). Regarding claim 7, Lotya teaches the first metal layer comprises an IC chip receiving portion formed by opening a predetermined region to receive the wireless IC chip (paragraph 0252: transponder chip module), and wherein the first metal layer, the second metal layer, and the third metal layer each comprise a slit portion formed by cutting the first metal layer, the second metal layer, and the third metal layer in an outward direction of the wireless IC card from the IC chip receiving portion (paragraph 0252: slits S1, S2 and S3). Regarding claim 8, Lotya teaches a first slit portion formed by cutting in an outward direction of the first metal layer from one side of the IC chip receiving portion (paragraph 0252: slit S1); a second slit portion formed by cutting in an outward direction of the second metal layer to correspond to a cutting direction of the first slit portion (paragraph 0252: slit S2); and a third slit portion formed by cutting in an outward direction of the third metal layer to correspond to a cutting direction of the second slit portion (paragraph 0252: slit S3). Regarding claim 9, Lotya teaches one or more finishing members having electrical insulation, the finishing members being inserted into at least one of the first slit portion, the second slit portion, or the third slit portion (paragraph 0406).
Claim Rejections - 35 USC § 103
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lotya in view of Fujikawa, et al. (US 2018/0162106, herein Fujikawa).3 Regarding claim 3, Lotya teaches the card of claim 2, as discussed above. Lotya does not explicitly teach the first metal layer and the third metal layer are formed of either aluminum or duralumin, and wherein the second metal layer is formed of either one of nickel or stainless steel material. Fujikawa teaches metal layers in a card being formed of aluminum (paragraph 0038) and nickel (paragraph 0088). It would have been obvious to one having ordinary skill in the art at the time of invention to combine the teachings of Lotya and Fujikawa so that the first metal layer and the third metal layer are formed of either aluminum or duralumin, and wherein the second metal layer is formed of either one of nickel or stainless steel material, because such a combination furthers Lotya’s goal of improved coupling (paragraph 0123 of Lotya).
Allowable Subject Matter
Claims 5-6 and 10-11 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. These claims recite subject matter regarding the particular thicknesses of the layers and antenna patterns not found in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW MIKELS whose telephone number is (571)270-5470. The examiner can normally be reached Monday to Thursday 7:00 AM ET - 4:30 PM ET, Friday 7:00 AM ET - 11:00 AM ET, the Examiner is on central time.4
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Lee can be reached at 571-272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW MIKELS/Primary Examiner, Art Unit 2876
1 Applicant is reminded of rejoinder procedure as outlined in MPEP § 821. Rejoinder will be considered when appropriate.
2 In addition to the cited paragraphs, please see also the associated figures.
3 In addition to the cited paragraphs, please see also the associated figures.
4 The Examiner can also be reached at matthew.mikels@uspto.gov.
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