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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/08/2026 has been entered.
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.
Claim(s) 1-4, 7-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waumans (US 20120223516)
Waumans discloses
1. A data carrier in card form, comprising:
a card body (1), which has a first card surface, a second card surface and a peripheral border (Fig. 1-5);
with the peripheral border connecting the first card surface to the second card surface (Fig. 1-7);
with the peripheral border having a first border portion with at least one cutout (52, 52’);
with the at least one cutout being at least partially filled with a color material, in order in this way to provide a color effect for the first border portion (Fig. 5)
wherein the at least one cutout is defined by a lowered part and two raised parts; wherein the two raised parts are adjacent to the lowered part; wherein the color material is recessed within the lowered part and set back between the two raised parts,.
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Waumans is silent to the color material being protected from mechanical influences by the at least one cutout
However, Waumans also mentions that the holes have desired size and shape (par. 33) and polymeric material (i.e. plastic) are used in the card and [0047] The inks may be aqueous based or solvent based inks, but are preferably inks curable by UV radiation or e-beam, since they speed up the production of security document precursors. Radiation curable inks are generally cured by polymerization or crosslinking in a much shorter time than the drying time of aqueous based or solvent based inks.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made that the ink color materials are protected from light mechanical influence due to a hole shape, card and lamination material, and the cured ink. It would have also been obvious that since the Waumans does not mention of any mechanical influence leading to failure of the ink and card, the card and the ink would also be protected from mechanical influences
2.1, wherein the at least one cutout is provided in the form of a depression in the first border portion, extending perpendicularly to the first card surface and/or the second card surface (Waumans, Figs. 1-5).
3.1, wherein the at least one cutout is provided in the form of a depression in the first border portion, extending from the first card surface to the second card surface (Waumans, Figs. 1-6).
4.1, wherein the at least one cutout is provided in the form of an elongate depression in the first border portion, extending parallel to the first card surface and/or to the second card surface (Waumans, Fig. 1-5).
5.1, wherein the at least one cutout has in a cross section parallel to the first card surface and/or to the second card surface a curved form, a rectangular form or a triangular form; and/or wherein the at least one cutout has a cross section perpendicular to the first card surface and/or to the second card surface a curved form, a rectangular form or a triangular form (Waumans, Fig. 1-5).
7.1, wherein the first border portion has a multiplicity of cutouts, which are arranged at predetermined distances from one another along the first border portion; wherein each cutout of the multiplicity of cutouts is at least partially filled with a color material, in order in this way to provide a color effect for the first border portion (Waumans describes that the holes of different shapes and sizes can be partially filled, i.e. with only one color, and the fill the rest of the hole with another color (also partially) as seen in Fig. 2. Also as seen in Fig. 2, the holes do not need to be completely filled).
8.1, wherein the peripheral border has the first border portion, a second border portion, a third border portion and a fourth border portion; wherein the first border portion lies opposite the third border portion with respect to the card body; wherein the second border portion lies opposite the fourth border portion with respect to the card body (Waumans, Figs. 1-5).
9.8, wherein the at least one cutout extends along the first border portion, the second border portion, the third border portion and the fourth border portion (Waumans, Fig. 1, 5).
10.1, wherein the color material is an ultraviolet-radiation-curing printing ink (Waumans, par. 56, 90).
11. The use of a data carrier in card form as claimed in claim 1, wherein said use includes an identification document, an identity document, a chip card or a payment card (Waumans, Fig. 1).
Re claim 12, see discussion regarding claims above.
13.12, with the provision of the at least one cutout in the first border portion of the peripheral border taking place during a punching out of the card body (Waumans, par. 78: by drilling; punching would have been an obvious extension).
14.12, wherein the provision of the at least one cutout in the first border portion of the peripheral border takes place by means of a laser process or a milling process (Waumans, par. 75-78).
15.12, wherein the introduction of the color material into the at least one cutout takes place by means of a printing process or a spraying process (Waumans, abstract, par. 13-15, 49, 90).
16.1, wherein the two raised parts and the lowered part are formed by delimitations of the at least one cutout, the delimitations being laterally raised with respect to the color material (as seen in Fig. 5 of Waumans above, the two raised parts and the lowered part are seen to be formed by delimitations of the at least one cutout, and the delimitations being laterally raised/formed to hold color materials therein.
17.16, wherein the delimitations are configured to provide a haptic effect felt by a user of the data carrier (Waumans, par. 17, 33, 42, the holes may have desired shape and size and desired colors, which would cause a haptic effect felt by a user).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that the cited references including Waumans do not disclose the claimed invention as amended.
However, upon review, it is determined that Waumans still meet the current claim limitations. It is noticed that the current claims do to define what are considered influences. Thus, as discussed above, Waumans also mentions that the holes have desired size and shape (par. 33) and polymeric material (i.e. plastic) are used in the card and [0047] The inks may be aqueous based or solvent based inks, but are preferably inks curable by UV radiation or e-beam, since they speed up the production of security document precursors. Radiation curable inks are generally cured by polymerization or crosslinking in a much shorter time than the drying time of aqueous based or solvent based inks.
Applicant further argues that Waumans it is unclear how the holes 52' in Fig. 5 of Waumans as being partially (i.e., only in part, or to a limited extent) filled with colored matter 22 because the new perimeter edge 54' is colinear with the colored matter 22.
It is respectfully submitted that Waumans describes that the holes of different shapes and sizes can be partially filled, i.e. with only one color, and the fill the rest of the hole with another color (also partially) as seen in Fig. 2. Also as seen in Fig. 2, the holes do not need to be completely filled, i.e. by leaving a small percentage unfilled.
For these reasons, the previous rejection(s) is/are respectfully maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN T. MAI whose telephone number is (571)272-8283. The examiner can normally be reached on M-F, 8-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner' s supervisor, Steve S. Paik can be reached at (571)272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thien T Mai/
Primary Examiner, Art Unit 2887