DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This office action is responsive to the reply filed 08/20/2026.
Election/Restrictions
Claims 3, 13-15, and 19-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/20/2026.
Claim Objections
Claims 7, 12 and 17 are objected to because of the following informalities:
re claim 7, substitute “the card’s surface” with – a surface of the card – (see line 2);
re claim 12, substitute “the length of the first track data” with – a length of the first track data –; and
re claim 17, substitute “an RFID” with – a radio frequency identification (RFID) --. Appropriate correction is required.
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, 2, 4-12, and 16-18 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.
Claim 1 recites the limitation "wherein the card is operable to embed additional information" in line 3. There is insufficient antecedent basis for this limitation in the claim as there is no prior mention of information being embedded or generated. The recited limitation also renders the claim indefinite because it is unclear to where the additional information is embedded.
Claim 1 is directed to a card; however, the claim recites limitations of a card reader which renders the claim indefinite because the card reader is not part of the card which creates confusion as to when direct infringement occurs.
Claim 1 recites the limitation "the tracks" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 is directed to a card; however, the claim recites limitations of a card reader which renders the claim indefinite because the card reader is not part of the card which creates confusion as to when direct infringement occurs.
Claim 2 recites the limitations “the frequency differential” and "the communicated tracks" in lines 1-2 of page 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 4 recites the limitation "the additional information" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the coils" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the additional information" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 5-7, 9-12, and 17-18 are rejected to since they are dependent upon a rejected claim and inherit the problems of that claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to APRIL A TAYLOR whose telephone number is (571)272-2403. The examiner can normally be reached Monday-Friday between 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEVEN 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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/APRIL A TAYLOR/Examiner, Art Unit 2876
/THIEN M LE/Primary Examiner, Art Unit 2876
