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 .
Allowable Subject Matter
Claims 8-14 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Ye reference (discussed in greater depth infra), which is the prior art closest to Applicant’s claimed invention, and there would be no obvious reason to modify Ye to the extent necessary to satisfy each of Applicant’s pertinent limitations.
With respect to claims 8, 10 and 18 (and claims 9 and 11-14 depending therefrom), the provision of absorber layers and dielectric materials on a security element is well known, but providing such elements in the Ye assembly according to the specific manner that Applicant requires would interfere with the ability of Ye to present information as intended.
In view of the foregoing, the modifications necessary to satisfy each of Applicant’s claim limitations would be likely to render the Ye assembly incapable of continuing to operate/behave in the particular manner set forth within the reference itself (given the particularly sensitive nature of such optically variable security assemblies), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 8-14 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Note that any change to the scope of the claimed invention related to the aforementioned claims may potentially affect the determinations/treatment of claims set forth supra.
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 1-19 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.
The claim 1 recitation of “at least one focusing layer interacting with the micro-image arrangement having an arrangement of focusing elements” is unclear, as it is unknown whether the “focusing layer” or “micro-image arrangement” should have the arrangement of focusing elements. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 2 recitation of “microlenses manufactured by a reflow method” is unclear, as it is unknown exactly what physical structure will result from being manufactured by this reflow method. Exactly what structure/configuration is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claim 4 recites the limitations "the at least one relief structure", “the relief structure” and “the at least one second surface portion of the relief structure”; ii) claim 5 recites the limitation “the layer thickness of the color-shifting layer on the first surface portion”; iii) claim 7 recites the limitation “the color-shifting effect”; iv) claim 10 recites the limitation “the absorber layer”; v) claim 15 recites the limitation “the materials”; and vi) claims 17 and 19 recite the limitation “the at least one focusing layer.
The claim 4 recitation of “the layer thickness of the at least one color-shifting layer differs from the layer thickness of the color-shifting layer” is unclear. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 6 recitation of “the optical impression” is unclear, as it is unknown which of the two earlier mentioned optical impressions is being invoked. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 6 recitation of “the optical impression may be a color impression” is unclear, as it is unknown whether this “color impression” is actually a required portion of the claimed invention, in view of the varying definitions of the phrase “may be”. Exactly what structure/configuration is sought? Please review/revise/clarify.
Regarding claims 7 and 14, the phrase "in particular" renders the claims indefinite because it is unclear whether the limitations following the phrase are actually requisite parts of the claimed invention.
The claim 8 recitation of “the absorber layer of the color-shifting thin-film structure is between the focusing layer than the spacing layer” is unclear. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 9 recitation of “may be embossed in the spacing layer” is unclear, as it is unknown whether this embossing is actually a required portion of the claimed invention, in view of the varying definitions of the phrase “may be”. Exactly what structure/configuration is sought? Please review/revise/clarify.
The claim 12 recitation of “may be selected from the group of…” is unclear, as it is unknown whether this selection is actually a required portion of the claimed invention, in view of the varying definitions of the phrase “may be”. Exactly what structure/configuration is sought? Please review/revise/clarify.
The terms “low-refractive organic monomers”, “low-refractive organic polymers” “high-refractive organic monomers” and “high-refractive organic polymers” in claims 13-14 are relative terms which render the claim indefinite. The terms “low-refractive organic monomers” and “low-refractive organic polymers” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim 18 recitation of “wherein: …; and a thin-film structure having a reflection layer, a spacing layer and an absorber layer” is unclear. Should this thin-film structure be a part of the earlier mentioned security element, focusing elements, microlenses, embossing lacquer layer, or thermoplastic material? Exactly what structure/configuration is sought? Please review/revise/clarify.
Claim 19 appears to be substantially similar to the content of claim 17, absent a recitation of the term “wherein”. Accordingly, it is unclear exactly how the requisite structural configuration of claim 19 materially differs from that of claim 17. Exactly what structure/configuration is sought? Please review/revise/clarify.
Claims 3, 11 and 16 are rejected as depending (directly or indirectly) from rejected independent claim 1.
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 1-7, 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2015/0198749 to Ye et al. (“Ye”).
Regarding claim 1, Ye anticipates a security element (e.g. assembly shown in figs. 1-2 and discussed at para. 27-28 and 48-49) with a substrate (e.g. base substance layer 21, as shown in figs. 1-2 and discussed at para. 48) and at least one micro-image arrangement (e.g. color micro graphic layer 22 [containing layers 220-222 therein] and color background layer 23 [containing layers 230-231 therein], together, as shown in figs. 1-2 and discussed at para. 48-49), as well as at least one focusing layer (e.g. micro lens array layer 20, as shown in fig. 1) interacting with (figs. 1-2 and para. 48) the micro-image arrangement (22 and 23, together) having an arrangement (figs. 1-2) of focusing elements (e.g. individual microlenses, as shown in figs. 1-2), wherein the micro-image arrangement (22 and 23, together) generates a visible optical effect (e.g. dynamic effect discussed at para. 9) when viewed through (figs. 1-2) the focusing layer (20), characterized in that the at least one micro-image arrangement (22 and 23, together) comprises at least one color-shifting layer (per para. 9 and 26, a color changing effect may be provided) with a color- shifting effect discernible through (para. 9 and 26) the focusing layer (20), wherein the at least one focusing layer (20) is arranged on (figs. 1-2) a first side (e.g. upper side, as shown in figs. 1-2) of the substrate (21) and the at least one micro-image arrangement (22 and 23, together) on (figs. 1-2) a side (e.g. lower side, as shown in figs. 1-2) opposite (figs. 1-2) the first side (aforementioned upper side) of the substrate (21) so that the substrate (21) is arranged between (figs. 1-2) the at least one micro-image arrangement (22 and 23, together) and the at least one focusing layer (20).
Regarding claim 2, Ye anticipates the security element according to claim 1, characterized in that the focusing elements (aforementioned individual microlenses) are configured as one of microlenses embossed in an embossing lacquer layer, or as microlenses formed by a thermoplastic material, or as microlenses (figs. 1-2 and para. 15) manufactured by a reflow method (note that the instant claim is drawn to a security element- not a method of manufacturing such).
Regarding claim 3, Ye anticipates the security element according to claim 1, characterized in that the micro-image arrangement (22 and 23, together) is magnified (para. 12) when viewed through (figs. 1-2) the arrangement of focusing elements (aforementioned individual microlenses) of the focusing layer (20).
Regarding claim 4, Ye anticipates the security element according to claim 1, characterized in that a layer thickness (fig. 2) of the at least one color-shifting layer (para. 9 and 26) varies (fig. 2), wherein on at least one first surface portion (e.g. semi-transparent and semi-reflective metal layer 223, as shown in fig. 2) of the at least one relief structure (e.g. micro graphic layer 200, as shown in fig. 2) is closer to (fig. 2) the substrate (21) than a second surface portion (e.g. horizontal plane 221, as shown in fig. 2), the layer thickness of the at least one color-shifting layer (para. 9 and 26) differs from the layer thickness of the color-shifting layer (para. 9 and 26) on the at least one second surface portion (221) of the relief structure (200).
Regarding claim 5, Ye anticipates the security element according to claim 4, characterized in that the layer thickness of the color-shifting layer (para. 9 and 26) on the first surface portion (223) is greater than (fig. 2) in the second surface portion (221).
Regarding claim 6, Ye anticipates the security element according to claim 4, characterized in that, when viewed through (figs. 1-2) the at least one focusing layer (20), an optical impression generated by the color-shifting layer (para. 9 and 26) and at least one first surface portion (223) is different from (para. 9) an optical impression generated by the color-shifting layer (para. 9 and 26) and the second surface portion (221), the optical impression may be a color impression (para. 1).
Regarding claim 7, Ye anticipates the security element according to claim 1, characterized in that the at least one color- shifting layer (para. 9 and 26) has a color-shifting (para. 9), thin-film structure (e.g. optical film discussed at para. 9) or color-shifting pigments, in particular interference pigments or at least one liquid-crystal layer, in particular one liquid- crystal layer, and at least one layer that enhances the color-shifting effect (para. 26).
Regarding claim 15, Ye anticipates the security element according to claim 1, characterized in that the substrate (21) is made of plastic, or a translucent and/or thermoplastic material (e.g. semi-transparent metal, as discussed at para. 11 and 20), or comprises or is manufactured from at least one of the materials from the group polyimide (PI),polypropylene (PP), monoaxially oriented polypropylene (MOPP), biaxially oriented polypropylene (BOPP), polyethylene (PE), polyphenylene sulphide (PPS), polyether ether ketone (PEEK), polyether ketone (PEK), polyethylene imide (PEI), polysulfone (PSU), polyaryl ether ketone (PAEK), polyethylene naphthalate (PEN), liquid- crystalline polymers (LCP), polyester, polybutylene terephthalate (PBT), polyethylene terephthalate (PET), polyamide (PA), polycarbonate (PC), cycloolefin copolymers (COC), polyoxymethylene (POM), acrylonitrile butadiene styrene (ABS), polyvinyl chloride (PVC), ethylene tetrafluoroethylene (ETFE), polytetrafluoroethylene (PTFE),polyvinyl fluoride (PVF), polyvinylidene fluoride (PVDF) and ethylene tetrafluoroethylene hexafluoropropylene polymer (EFEP) and/or mixtures of these materials.
Regarding claim 16, Ye anticipates the security element according to claim 1, characterized in that a micro-image shown by the micro-image arrangement (22 and 23, together) appears as a light-dark contrast in transmitted light (fig. 1).
Regarding claim 17, Ye anticipates a security element (e.g. assembly shown in figs. 1-2 and discussed at para. 27-28 and 48-49) comprising: i) a substrate (e.g. base substance layer 21, as shown in figs. 1-2 and discussed at para. 48); ii) a micro-image arrangement (e.g. color micro graphic layer 22 [containing layers 220-222 therein] and color background layer 23 [containing layers 230-231 therein], together, as shown in figs. 1-2 and discussed at para. 48-49); iii) focusing elements (e.g. individual microlenses within micro lens array layer 20, as shown in fig. 1); and iv) a focusing layer (e.g. micro lens array layer 20, as shown in fig. 1), v) wherein the micro-image arrangement (22 and 23, together) comprises at least one color-shifting layer (per para. 9 and 26, a color changing effect may be provided) with a color-shifting effect discernible through (para. 9 and 26) the focusing layer (20), wherein the at least one focusing layer (20) is arranged on (figs. 1-2) a first side (e.g. upper side, as shown in figs. 1-2) of the substrate (21) and the at least one micro-image arrangement (22 and 23, together) on (figs. 1-2) a side (e.g. lower side, as shown in figs. 1-2) opposite (figs. 1-2) the first side (aforementioned upper side) of the substrate (21) so that the substrate (21) is arranged between (figs. 1-2) the at least one micro-image arrangement (22 and 23, together) and the at least one focusing layer (20).
Regarding claim 19, Ye anticipates a security element (e.g. assembly shown in figs. 1-2 and discussed at para. 27-28 and 48-49) comprising: i) a substrate (e.g. base substance layer 21, as shown in figs. 1-2 and discussed at para. 48); ii) a micro-image arrangement (e.g. color micro graphic layer 22 [containing layers 220-222 therein] and color background layer 23 [containing layers 230-231 therein], together, as shown in figs. 1-2 and discussed at para. 48-49); iii) a focusing element (e.g. individual microlenses within micro lens array layer 20, as shown in fig. 1); and iv) a focusing layer (e.g. micro lens array layer 20, as shown in fig. 1), v) wherein the micro-image arrangement (22 and 23, together) comprises at least one color-shifting layer (per para. 9 and 26, a color changing effect may be provided) with a color-shifting effect discernible through (para. 9 and 26) the focusing layer (20), the at least one focusing layer (20) is arranged on (figs. 1-2) a first side (e.g. upper side, as shown in figs. 1-2) of the substrate (21) and the at least one micro- image arrangement (22 and 23, together) on (figs. 1-2) a side (e.g. lower side, as shown in figs. 1-2) opposite (figs. 1-2) the first side (aforementioned upper side) of the substrate (21) so that the substrate (21) is arranged between (figs. 1-2) the at least one micro-image arrangement (22 and 23, together) and the at least one focusing layer (20).
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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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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