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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on 4/6/2023. It is noted, however, that applicant has not filed a certified copy of the KR 10-2023-0045686 application as required by 37 CFR 1.55.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, PCT/KR2023/012812 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Prior-filed application PCT/KR2023/012812 does not teach the claimed elected embodiment where there is no UV adhesive layer between the three-dimensional pattern layer and the rear card body, such that the three-dimensional pattern is directly attached to the rear card body module. The instant application illustrates this in Fig. 10, whereas, PCT/KR2023/012812 does not include a Fig. 10 of this embodiment.
Accordingly, claims 10-14 are not entitled to the benefit of the prior applications. The effective filing date of the claimed invention is 8/27/2025.
Election/Restrictions
Applicant’s election without traverse of Group I, species (b) (claims 10-14) in the reply filed on 4/21/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the three-dimensional pattern being on a surface of the transparent sheet while the printing layer is between the three-dimensional pattern layer and the transparent sheet (claim 12), must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract is drawn to the non-elected invention. The abstract does not describe the elected invention (no UV adhesive) of Fig. 10. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 contains an acronym, however does not provide the full name. If the applicant is to claim the acronym, the full name should be referenced at least once within the claims in parentheses (e.g. ultraviolet (UV)).
Claim recites “the stereoscopic effect of the pattern”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 12 recites “printing layer disposed between the three-dimensional pattern layer and the transparent sheet”. While the specification recites this in para. [0052], claim 10 requires “the three-dimensional pattern layer formed of a cured UV curable material into a three-dimensional pattern on a surface of the transparent sheet”, which is described in para. [0052]. However, the specification does not describe how the three-dimensional pattern is formed/cured on a surface of the transparent layer when there is a printing layer in between the three-dimensional pattern layer and the transparent layer. As such, claim 12 fails to comply with the written description.
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.
Claim 12 is 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 12 recites “printing layer disposed between the three-dimensional pattern layer and the transparent sheet”. However, claim 10 recites “the three-dimensional pattern layer formed of a cured UV curable material into a three-dimensional pattern on a surface of the transparent sheet”. Therefore, it is not clear how the three-dimensional pattern can be formed/cured on a surface of the transparent material if there is a printing layer between the three-dimensional pattern layer and the transparent sheet and the printing layer is formed by printing a predetermined design on a surface of the transparent sheet. Please clarify.
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) 10-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon et al. (KR 10-102495548) (cited in IDS) (see attached translation).
With respect to claim 10, Yoon et al. discloses a three-dimensional pattern card comprising:
a three-dimensional pattern module (12) having a pattern of a three-dimensional shape formed on one surface ([0023], Fig. 11a); and
a rear card body module (14-19) made of a synthetic resin material ([00], Fig. 11a), wherein the rear card body module comprises:
an antenna inlay (16) sheet having a body made of a synthetic resin material and an antenna coil mounted on one surface of the body ([0024]; Fig. 11a);
a first core sheet made (14) of a synthetic resin material and disposed on an upper surface of the antenna inlay sheet on which the antenna coil is mounted ([0024]; Fig. 11a);
a second core sheet (18) made of a synthetic resin material and disposed on a lower surface of the antenna inlay sheet ([0024]; Fig. 11a); and
a rear protective sheet (19) made of a synthetic resin material and disposed on a surface of the second core sheet ([0024]; Fig. 11a), and
wherein the three-dimensional pattern module (12) comprises:
a transparent sheet (132) made of a transparent synthetic resin material ([0023], [0026], [0027], [0039]; Fig. 2); and
a three-dimensional pattern layer (122) formed of a cured ultraviolet (UV) curable material into a three-dimensional shape pattern on a surface of the transparent sheet ([0025], [0027]; Fig. 2).
With respect to claim 11, Yoon et al. discloses the three-dimensional pattern module further comprises a multilayer deposition film formed by sequentially depositing predetermined materials on a surface of the three-dimensional shape pattern of the three-dimensional pattern layer to enhance the stereoscopic effect of the pattern of the three-dimensional pattern layer (“to enhance the stereoscopic effect of the pattern of the three-dimensional pattern layer” is considered intended use and not given significant patentable weight), and wherein types, deposition order, and deposition thickness of the materials constituting the multilayer deposition film are determined according to color, transparency, and reflectivity required by the pattern of the three-dimensional pattern layer ([0027], [0037]).
With respect to claim 12, as best understood, Yoon et al. discloses the three-dimensional pattern module further comprises a printing layer (128) ([0028], Fig. 2).
With respect to claim 13, Yoon et al. discloses the card further comprises a light-shielding layer (126) disposed between the three-dimensional pattern module and the rear card body module to block transmission of light through the rear card body module, and wherein the light-shielding layer is formed by applying a light-shielding material for blocking light to a surface of the three-dimensional pattern module ([0037]).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Yoon et al. as applied to claim 10 above, and further in view of Mosteller et al. (US 2019/0385035).
With respect to claim 14, Yoon et al. addresses all the limitations of claim 10, and further discloses the card comprises an upper printing sheet (10) disposed on a upper surface of the three-dimensional pattern, the upper printing sheet comprising a design printing layer (inherent to printing sheet), and a second transparent sheet (front protective sheet) formed on a surface of the design printing layer and made of a transparent synthetic resin material. ([0024], Fig. 11a).
However, Yoon et al. fails to expressly disclose the upper printing sheet comprises: a first transparent sheet made of a transparent synthetic resin material; a design printing layer formed by printing a predetermined pattern on a surface of the first transparent sheet.
Mosteller et al. teaches it is well known in the art for an upper printing sheet to comprise a first transparent sheet (60 / 260) made of a transparent synthetic resin material; a design printing layer (22) formed by printing a predetermined pattern on a surface of the first transparent sheet ([0180], [0222], Figs. 3 and 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper printing sheet to comprise a first transparent sheet made of a transparent synthetic resin material and the design printing layer to be formed by printing a predetermined pattern on a surface of the first transparent sheet, in order to facilitate a viewing of a printed pattern of the design printing layer.
Telephone/Fax Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUEZU ELLIS whose telephone number is (571)272-2868. The examiner can normally be reached Monday - Friday, 10:30 am - 6:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUEZU ELLIS/Primary Examiner, Art Unit 2876
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