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 .
1. Acknowledgement is made to the amendment, filed 12/29/2025. Claims 1-15 are pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
2. Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Deutsche Telekom AG (DE 10205027 A1), hereinafter DE ‘027, in view of Bundesdruckerei GmbH (DE 196 54 607 C2), hereinafter DE ‘ 607, the examiner referencing the provided foreign patent documents, specifically the translated portions from Google Patents.
Regarding claim 1, DE ‘027 discloses a card body for a card-shaped data carrier, comprising:
a layer composite, which has a first cover layer, a second cover layer and a core layer (Description paragraph 13 & Fig. 3);
wherein the core layer is arranged between the first cover layer and the second cover layer (Description paragraphs 13, 22, & Fig. 3;
wherein the core layer has at least one core layer section which is adapted to receive the medium from an environment of the card body in order to incorporate the medium in the at least one core layer section (Description paragraphs 11, 12, & 20).
Regarding claim 14, DE ‘027discloses a method for producing a card body for a card-shaped data carrier, comprising:
providing a first cover layer and a second cover layer (Description paragraph 13 & Fig. 3);
providing a core layer with at least one core layer section which is adapted to receive a medium from an environment (Description paragraphs 11-13, 20, & Fig. 3);
laminating the first cover layer, the second cover layer and the core layer to form a layer composite in which the core layer is arranged between the first cover layer and the second cover layer (Description paragraph 13, 22, & Fig. 3);
introducing a medium into the at least one core layer section before or after forming the layer composite, so that the medium is incorporated in the at least one core layer section (Description paragraphs 11, 12, & 20).
With respect to claims 1 & 14, the teachings of DE ‘027 have been discussed above.
DE ‘027 is silent with respect to explicitly disclosing a medium having at least one of an odor and a color, as recited in claims 1 & 14.
DE ‘607 teaches, regarding claims 1 & 14, a medium having at least one of an odor and a color (page 5, paragraphs 4-6, 8 & Figs. 6 & 7).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to further employ the medium features of DE ‘ 607 within the card of DE ‘027 for at least the benefit of improving the security features of value products and providing improved protection from fraud (Description paragraphs 1-3).
Regarding claim 2, DE ‘027, as modified above, discloses the card body according to claim 1 wherein the at least one core layer section is adapted to receive a gaseous and/or liquid medium (Description paragraphs 11, 12, & 20).
Regarding claim 3, DE ‘027, as modified above, discloses the card body according to claim 2 wherein the at least one core layer section comprises a plurality of cavities distributed within a core layer material of the at least one core layer section (Description paragraphs 11, 12, 20, & Figs. 1a, 2a, & 3).
Regarding claim 4, DE ‘027, as modified above, discloses the card body according to claim 3, wherein the medium is configured to penetrate into the plurality of cavities so as to at least partially fill the plurality of cavities (Description paragraphs 11, 12, & 20).
Regarding claim 5, DE ‘027, as modified above, discloses the card body according to claim 4, wherein the at least one core layer section comprises a porous material structure (Description paragraphs 11, 12, 20, & Figs. 1 & 1a).
Regarding claim 6, DE ‘027, as modified above, discloses the card body according to claim 5, wherein the at least one core layer section comprises a material structure which is configured to receive the medium by capillary action (Description paragraphs 11, 12, 20, & Figs. 1 & 1a).
Regarding claim 7, DE ‘027, as modified above, discloses the card body according to claim 6, wherein the medium is a color material (Description paragraph 6).
Regarding claim 8, DE ‘027, as modified above, discloses the card body according to claim 7, wherein the medium is an ultraviolet radiation curing ink (Description paragraphs 1-6).
Regarding claim 9, DE ‘027, as modified above, discloses the card body according to claim 8, wherein the core layer is completely formed by the core layer section (Description paragraphs 11, 12, 20-22, & Figs. 1a, 2a, & 3).
Regarding claim 10, DE ‘027, as modified above, discloses the card body according to claim 8, wherein the at least one core layer section is arranged in an edge region of the core layer, which surrounds a central region of the core layer, wherein a material property of the central region differs from a material property of the core layer section (Description paragraphs 11, 12, 20, & Figs. 1, 1a, & 3).
Regarding claim 11, DE ‘027, as modified above, discloses the card body according to claim 10, wherein the at least one core layer section has an interface region to an environment of the card body; wherein the interface region of the at least one core layer section is arranged at an edge of the card body; wherein the at least one core layer section is configured to receive the medium from the environment of the card body via the interface region, so as to incorporate the medium in the at least one core layer section (Description paragraphs 11, 12, 20, & Figs. 1, 1a, & 3).
Regarding claim 12, DE ‘027, as modified above, discloses the card body according to claim 11, wherein the at least one core layer section comprises a latex material, a polyurethane material, a polyethylene material, a silicone material, a rubber material and/or a composite material (Description paragraphs 6, 11, 12, & 20-22).
Regarding claim 13, DE ‘027, as modified above, discloses the card body according to claim 12 wherein use of the card body is as a sub-component of a card-shaped data carrier (Description paragraphs 1 & 2).
Regarding claim 15, DE ‘027, as modified above, discloses the method according to claim 14, comprising: curing the medium introduced into the at least one core layer section (Description paragraphs 6, 11, 12, & 20-22).
Response to Arguments
3. Applicant’s arguments with respect to claims 1 & 14 have been fully considered but are moot in view of the new grounds 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (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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/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876