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 .
Amendment
2. Receipt is acknowledged of the Amendment filed January 9, 2026.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1-15 and 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lotya et al (2021/0182650), hereinafter Lotya.
With respect to claims 1 and 21, Lotya illustrates in figure 9, a smart card (SC) comprising multiple layers. Figures 5A and 5B illustrate an inlay layer (502) of a smart card, comprising: a card body, the card body defining at least one main cavity (508), each main cavity of the at least one main cavity having a continuous surface defined by an inner surface of the card body (as seen in figures 5A and 5B); a carbon fiber plug (insert 540 – paragraph 0268 discloses the insert being carbon fiber), the carbon fiber plug being housed inside the at least one main cavity (paragraph 0268); and an antenna, wherein the antenna is housed inside the at least one main cavity (see figure 2A and paragraph 0211). Paragraph 0212-0213 disclose that the card may or may not have a slit “[0212] a second metal layer (ML1) 107B which may have a thickness of approximately 200 μm and which may be provided with an opening (MO) 109B extending through the metal layer. The metal layer may have a slit S (or a non-conductive stripe NCS) 110B extending from the opening to an outer edge thereof so that the metal layer may function as a coupling frame (for a contactless interface). [0213] The openings MO 109A and 109b in the metal layers ML1 107A and ML2 107B may be aligned with one another, and may be filled with a plastic slug 108.” See figure 1A. Re claim 21, the figures show wherein a first distance between parallel sides of the slug is greater than a second distance between a side of the at least one main cavity and a closest parallel edge of the card body.
With respect to claim 2, Lotya teaches in paragraph 0247, which describes figure 3A, the inlay layer, wherein the card body is composed of a metal (metal layer ML with a provided slit, slot, or gap).
With respect to claims 3 and 13, as can be seen in figures 5A and 5B, Lotya illustrates the continuous surface of the at least one main cavity being discontinuous with an edge of the card body (including the slit, which makes the cavity discontinuous with an edge of the card body).
With respect to claim 4, Lotya discloses in paragraph 0273, the inlay layer, wherein the continuous surface of the at least one main cavity and the edges of the card body are distanced a minimum 0.5 mm (specifically 0.8mm).
With respect to claims 5, 6, 11, 14, and 15, Lotya illustrates in figures 11A and 11B, the inlay layer, wherein the carbon fiber plug defines an additional cavity in the carbon fiber plug (specifically, the TCM (transponder chip module) which includes an embedded cavity for the antenna – paragraph 179) comprises carbon fiber plug and further comprises a cavity for the antenna – see paragraphs 0138).
With respect to claims 7 and 17, Lotya illustrates in figures 14A and 14B and 18D and 18E, the TCM, which includes the additional cavity extending through the top and bottom outer surfaces of the carbon fiber plug.
With respect to claims 8, 12, and 18-20, Lotya teaches the inlay layer, wherein the at least one main cavity is a first main cavity and a second main cavity, wherein the first main cavity and the second main cavity are disjoints, and wherein the carbon fiber plug is housed inside the first main cavity and the antenna is housed inside the second main cavity. Specifically, figures 11A and 11B, the inlay layer, wherein the carbon fiber plug defines an additional cavity in the carbon fiber plug (specifically, the TCM (transponder chip module) which includes an embedded cavity for the antenna – paragraph 179) comprises carbon fiber plug and further comprises a cavity for the antenna – see paragraphs 0138).
With respect to claim 9, Lotya teaches in paragraphs 0262 and 0272, the smart card, comprising: an inlay layer; and a polymer layer disposed on an outer surface of the inlay layer, wherein the polymer layer is in contact with an outer surface of the carbon fiber plug (specifically, paragraph 0262 discloses is a plastic laminate on the outer surface of the inlay. Paragraph 0272 also discloses the plastic disposed, including around and covering the inlay layer).
With respect to claim 10, see Lotya’s teachings above with regards to claim 1. Additionally, paragraph 0174 discloses that the embodiments and aspects describes are in conjunction with methods to manufacture the smart card and the smart card inlay.
Response to Arguments
5. Applicant’s arguments filed January 9, 2025 have been fully considered but they are not persuasive. Applicants argue that Lotya does not teach the main cavity having a continuous surface defined by the card and calls out the slit 530. However as discussed above, re claim 1, the slit is not required. Additionally, Lotya discloses a non-conductive stipe instead of the slit. As the claims are currently recited, it is believed that Lotya meets the limitations.
Conclusion
6. THIS ACTION IS MADE FINAL. 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 extension fee 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allyson N. Trail whose telephone number is (571) 272-2406. The examiner can normally be reached between the hours of 7:30AM to 4:00PM Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G. Lee, can be reached on (571) 272-2398. The fax phone number for this Group is (571) 273-8300.
Communications via Internet e-mail regarding this application, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used by the applicant and should be addressed to [allyson.trail@uspto.gov].
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/ALLYSON N TRAIL/Primary Examiner, Art Unit 2876
March 18, 2026