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
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) in view of Riedl (DE 102008033461 A1)
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;
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Waumans further discloses it is well known in US 2009187435 and US 2005087606 A that laser engraving is used to create voids to be filled with invisible ink or not.
Waumans is silent wherein the color material is recessed laterally inward of an outermost surface of the peripheral border and recessed within the lowered part and set back between the two raised parts,
Riedl discloses card 1 comprises edge surfaces 7 that are embossed and/or engraved and/or stamped to yield a security feature with blackened inscription.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Riedl for a simpler marking of the security feature using embossing/engraving roller with stamping dies. It would have also been obvious that ink is applied to the stamping dies or engraving rollers 31, 37 when pressed on the edges of the card to yield recessed ink surfaces (i.e. due to the depths of the teeths of the engraving rollers) thereby forming blackened characters 22 and barcode symbols.
Waumans is silent to the color material being protected from mechanical influences of physical contact along the peripheral border 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 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. It would have also been obvious that since the color material is made of cured UV ink, the color material would be protected from at least touching.
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 considered but are moot in view of new ground of rejection.
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.
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/THIEN T MAI/ Primary Examiner, Art Unit 2876
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