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 § 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.
Claims 4-6 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5 and 6 recite “a sports trading card” and “a trading card game card”. These limitations do not have clear metes and bounds as it is unclear when a card is a sports trading card and when a card is a trading card game card. Furthermore, each of these limitations appears to be intended use and do not have structural limitations and whatever limitations are present appear to be non-limiting printed matter.
Claims 4 and 11 each recited “said paper” and these recitations have an unclear antecedent basis because there is no prior recited paper to rely upon.
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.
Claim(s) 1-2, 4-9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2022/074416 by Mullen.
Regarding claim 1, Mullen discloses a trading card comprising: a first trading card layer; a second trading card layer having an obverse surface, a reverse surface, and a die-cut cavity, wherein said obverse surface is affixed to said first trading card layer (para. 938 – see the construction process), an electronics package including a battery, a light sensor, and an array of light emitting diodes is provided in said die-cut cavity (para. 990-1008 – see light sensor, battery and display); a third trading card layer affixed to said reverse surface (para. 938 – see top layer construction).
Regarding claim 2, Mullen discloses the trading card of claim 1, wherein said light sensor is aligned with an aperture on said first trading card layer (para. 990-1008 – see 1002 and light sensor detection).
Regarding claim 4, Mullen discloses the trading card of claim 1, wherein said light sensor is aligned with said first trading card layer and said first trading card layer comprises a polymer having an opacity where light sufficient to activate said light sensor is able to reach said light sensor through said paper (para. 1108 – see plastic).
Regarding claim 5, Mullen discloses the trading card of claim 1, wherein said trading card is a sports trading card (para. 1241 – see game action card).
Regarding claim 6, Mullen discloses the trading card of claim 1, wherein said trading card is a trading card game card (para. 1241 – see game action card).
Regarding claim 7, Mullen discloses the trading card of claim 1, wherein said electronics package includes a recharging antenna, processor, and at least 100 light emitting diodes (para. 1047 – see diodes in display).
Claims 8-9 and 11 are rejected as noted above with a pack of cards being disclosed at para. 1241.
Allowable Subject Matter
Claims 3 and 10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER J IANNUZZI whose telephone number is (571)272-5793. The examiner can normally be reached M-F 9:30AM-5:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EUGENE KIM can be reached at 571-272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER J IANNUZZI/ Primary Examiner, Art Unit 3711
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