DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102 and 103
Claims 1-3, 5-9 and 10-11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by YASUSHI (JP-2013/010884) as set forth in the last office action and further discussed below.
Claim 1: Yasushi teaches a composite comprising a resin substrate in which metal nanoparticles are partially embedded in the resin substrate, which forms the surface that is considered equivalent to the claimed “back surface side” and partially exposed which is equivalent to the claimed “front surface side”; the metal nanoparticles are separated from each other (no contact); a plating film is formed on the exposed surface side of the nanoparticles which forms a layer that is equivalent to the claimed “coating layer’. See Yasushi, translation copy, claims 1-7 and paragraph bridging pages 16-17. Because the front surface side comprises the metal particles and the metal coating layer, the surface area of the front surface side is bigger than that of the back surface side (which is the surface embedded in the substrate). In addition, see Figure 6 of the original version.
With regards to the feature “The coating layer is deposited over the fine particles and is formed in a state where a portion of the fine particles is fixed to the resin base body, thereby embedding the lower part of the coating layer in the resin body”, see the description at the paragraph bridging pages 15-16 of the translation copy and page 23, first paragraph of the translation copy. In addition, See Figures 1,5 and 7 where a portion of the fine particles are fixed in the resin body and the lower part of the coating layer is embedded with fine particles.
With regards to the new feature “a plurality of mortar-shaped recesses formed on the front surface of the substrate, an opening formed in the coating layer for exchanging a medium’”, this feature is taught by Yasushi: See Figure 6 where the protruding portion 3a protruding outward from the surface S of the matrix resin 1, forming mortar-shaped recesses S with the distance L2. The protruding portion 3a is covered with the metal film 7 (Translation Copy, Page 23, first paragraph) With regards the new feature, “wherein the coating layer comprises a plurality of L-shaped blocks”, this feature is taught in Yasushi. Compare Figure 8B of Yasushi to Figure 4 of the claimed invention which is described as when the coating forms “L-shaped blocks” (See instant specification, paragraph 0087).
Claims 2-3: The coating layer is formed by “electroless plating’ (translation copy, page 14, lines 4-7) which is formed by the reduction of metal in an aqueous solution (translation copy, pages 64-65). And as a result of the electroless plating, the coating over the metal nanoparticles is inherently linked.
Claim 5: The metal nanoparticles are formed by reduction of metal ions or metal salts and the particle distribution can be control by such reduction (translation copy, pages 59-62) and thus the metal nanoparticle are self-aggregated.
Claims 6-7: The metal for the particles as well as in the coating are of the same type of metal and include a noble metal (i.e. gold, silver, and platinum). See translation copy, claim 6, page 31, and page 64, last paragraph.
Claims 8-9: The metal nanoparticles composite exhibit plasmon resonance (translation copy, page 20) and light absorption (translation copy, page 32).
Claims 10-11: Yasushi shows the nanostructure substrate in which the fine particles being adjacent to each other, the L-shaped blocks extending laterally and vertically: Compare Figure 8B of Yasushi to Figure 4 of the claimed invention where the claimed L-shaped blocks are described.
Claim 11: Yasushi shows plasmon characteristics including a transverse mode of the coating which shifts from 550 nm to about 580 nm on absorption spectrum. Compare Figures 9B and 9C of Yasushi to Figure 6 of the claimed invention; in particular Example 2 which is described as substrate with an absorption spectrum peak at about 580 nm with a peak value of plasmon at 0.3 (instant specification, paragraph 0088). Figures 9B and 9C of Yasushi shows an adsorption peak at about 570-580 nm and a peak value of plasmon being over 0.3.
Claim 4 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over YASUSHI.
Yasushi teaches the claimed invention as discussed above. Yasushi reports the average diameter of the metal nanoparticles being from 1-50 nm (Yasushi, claim 4) which is within and overlapping the claimed range of 10-90 nm. It has been held that the claims are considered anticipated or in the alternative the subject matter as a whole would have been obvious to one having ordinary skill in the art at the time of the invention to have selected the overlapping portion of the range disclosed by the prior art because overlapping ranges have been held to be a prima facie case of obvious. See In re Malagari, 182 U.S.P.Q 549. Thus, average diameter range as recited in claim 4 is anticipated or would have been obvious by the teaching of Yasushi.
Response to Arguments
In response to Applicant’s allegation that Yasushi fails to teach L-shaped blocks in the coating layer, Yasushi does teach L-shaped blocks as claimed as shown in photograph 8B which is identical of Figure 4 of the claimed invention in which L-shaped blocks in the coating are described (see instant specification, paragraph 0087).
Applicant argues that Yasushi does not teach a shift in peak of absorption spectrum from 550 nm to 580 nm. However, such peaks are shown in Figures 9B and 9C of Yasushi. Compare 9B and 9C to Figure 6 of the instant specification where the peaks of absorption spectrum are around 570-580 nm and the peak value of plasmon is at 0.3 and higher.
Conclusion
Applicant's arguments filed July 22, 2025 have been fully considered but they are not persuasive for the reasons discussed above. In addition, new claims 10-11 require new ground of rejection as discussed above. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788