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 .
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 1-9 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.
As presently drafted, the claims are narrative in nature. For example, see the claims 1 and 6 recitations of “the layer includes a lens structure that overlays at least a portion of the image”, “the lens structure comprises a plurality of lenses” and “the security feature is formed in the transparent window”. Exactly what structure/configuration is sought? Please review/revise/clarify. Note that such issues may often by cured via appropriate placement of “wherein” clauses.
Claims 2-5 and 7-9 are rejected as depending from rejected independent claims 1 and 6.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2008/0284157 to Muke et al. (“Muke”).
Regarding claim 1, Muke anticipates a personalized (fig. 1) plastic (para. 63) identification document (e.g. identity document 10, as shown in fig. 1 and discussed at para. 63), comprising: i) a plastic (para. 63) identification document substrate (e.g. transparent substrate 20 and inkjet receptive coating 24, together, as shown in fig. 2 and discussed at para. 63) having an image (14, as shown in fig. 1 and discussed at para. 61-62) of an intended holder (e.g. document bearer, as discussed at para. 62) of the personalized plastic identification document (10) and text (e.g. personalized data 16, as shown in fig. 1 and discussed at para. 61-62) within (fig. 1) the image (14); and ii) a layer (e.g. micro-optic film 21, as shown in fig. 2 and discussed at para. 63) disposed on (fig. 2) the plastic identification document substrate (20 and 24, together), the layer (21) includes (fig. 2) a lens structure (e.g. array of lenses 22, as shown in fig. 2 and discussed at para. 63) that overlays (fig. 2) at least a portion of the image (14) and at least a portion of the text (16), and the lens structure (22) comprises a plurality (fig. 2) of lenses (para. 63).
Regarding claim 2, Muke anticipates the personalized plastic identification document of claim 1, wherein the personalized plastic identification document (10) comprises a plastic (para. 63) card (para. 1-2 and 45) or a plastic (para. 63) page of a passport (para. 1-2, 45 and 62).
Regarding claim 3, Muke anticipates the personalized plastic identification document of claim 1, wherein the text (16) comprises alphanumeric text (fig. 1) and/or a text symbol.
Regarding claim 4, Muke anticipates the personalized plastic identification document of claim 1, further comprising a laser receptive layer (e.g. laser markable additive, as discussed at para. 63) on the plastic identification document substrate (20 and 24, together), and wherein the image (14) and the text (16) are formed in (para. 63) the laser receptive layer (aforementioned laser markable additive).
Regarding claim 5, Muke anticipates the personalized plastic identification document of claim 1, wherein the lenses (para. 63) have one or more of the following: i) a single common pitch (fig. 2) or a variable pitch; ii) a constant depth (fig. 2) or a variable depth; iii) a same size (fig. 2) or varying sizes.
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 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Muke.
Regarding claim 6, Muke discloses a personalized (fig. 1) plastic (para. 63) identification document (e.g. identity document 10, as shown in fig. 1 and discussed at para. 63), comprising: i) a plastic (para. 63) identification document substrate (e.g. transparent substrate 20 and inkjet receptive coating 24, together, as shown in fig. 2 and discussed at para. 63) having a first surface (e.g. lower surface, as shown in fig. 2) that forms a first side (e.g. lower side, as shown in fig. 2) of the personalized plastic identification document (10), and a security feature (e.g. fixed biometric image 12, as shown in figs. 1-2) at (fig. 2) the first side (aforementioned lower side); and ii) a layer (e.g. micro-optic film 21, as shown in fig. 2 and discussed at para. 63) disposed on (fig. 2) the plastic identification document substrate (20 and 24, together) and having a second surface (e.g. upper surface, as shown in fig. 2) that forms a second side (e.g. upper side, as shown in fig. 2) of the personalized plastic identification document (10), the layer (21) includes (fig. 2) a lens structure (e.g. array of lenses 22, as shown in fig. 2 and discussed at para. 63) that overlays (fig. 2) at least a portion of the security feature (12), and the lens structure (22) comprises a plurality (fig. 2) of lenses (para. 63).
Muke figs. 1-2 do not disclose a transparent window formed on the plastic identification document substrate (20 and 24, together), and the security feature (12) being formed in the transparent window.
Muke’s figs. 10-11 embodiment teaches the concept of providing a transparent window (76) formed on a plastic identification document substrate (72), with a security feature (printed biometric data 79) being formed in (figs. 10-11) the transparent window (76).
Given that Muke’s figs. 10-11 merely represent an alternative embodiment of that which is shown in figs. 1-2, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide an instance of transparent window 76 upon substrate 20 in the area of fixed biometric image 12, in order to provide the benefit of yielding a resultant more sophisticated security document, less likely to be successfully counterfeited.
Regarding claim 7, Muke discloses the personalized plastic identification document of claim 6, wherein the personalized plastic identification document (10) comprises a plastic (para. 63) card (para. 1-2 and 45) or a plastic (para. 63) page of a passport (para. 1-2, 45 and 62).
Regarding claim 8, Muke discloses the personalized plastic identification document of claim 6, wherein the lens structure (22) overlays an entirety (fig. 2) of the security feature (12).
Regarding claim 9, Muke discloses the personalized plastic identification document of claim 6, wherein the lenses (para. 63) have one or more of the following: i) a single common pitch (fig. 2) or a variable pitch; ii) a constant depth (fig. 2) or a variable depth; iii) a same size (fig. 2) or varying sizes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel J. Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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