CTFR 17/852,452 CTFR 91468 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections Claims 6, 13, 16 and 21 are objected to based on informalities. Claim 16 recites the same limitation twice. Specifically, the claim limitation “wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm” appears as the fourth clause in the claim (newly-added in the most recent claim amendments of March 19, 2016) and appears in the sixth clause of the claim (previous-presented in the original claim set of June 29, 2022). The Office recommends deleting one of the instances of this claim limitation for clarity and conciseness. Claims 6, 13 and 21 recite: “each high RI layer is SiNx”. However, this claim limitation is now already recited in newly-amended Claims 1, 8 and 16 (from which Claims 6, 13 and 21 depend, respectively). The Office recommends deleting this claim language from Claims 6, 13 and 21 for clarity and conciseness. Response to Arguments Applicant’s arguments of March 19, 2026 (“Remarks”) have been fully considered, but are not persuasive. Applicant argues that cited reference Hart (U.S. Pat. Appl. Pub. No. 2020/0057177 A1) fails to disclose the newly-recited limitation of the independent claims: wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm (see page 13 of the Remarks). Although Applicant acknowledges that Hart discloses a range of physical thickness for high RI layers (Hart discloses high RI layers 130B may have a physical thickness of about 18 nm to 281 nm) which encompasses the claimed range, Applicant argues that this teaching of Hart is insufficient because it merely states that each of the high RI layers may have such thickness, but not that the thickest high RI layer has such thickness (see page 13 of the Remarks, and see paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart, but see especially paragraph [0096] of Hart). Applicant appears to be arguing limitations which are not claimed. It has been held that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. MPEP § 2145, Section VI, citing In re Van Geuns , 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Furthermore, it has been held that during patent examination, the pending claims must be given their broadest reasonable interpretation consistent with the specification. MPEP § 2111, citing Phillips v. AWH Corp. , 415 F.3d 1303, 1316; 75 USPQ2d 1321, 1329 (Fed. Cir. 2005). In the present case, Applicant appears to argue that the independent claims require that two or more “high RI layers” have different thicknesses and the thickest of these layers has a physical thickness from 120 nm to 180 nm. However, the claims, as presently written, do not affirmatively state or require that one or more high RI layers has a different thickness compared to one or more other high RI layers. Without an affirmative requirement of different thicknesses for individual high RI layers, the present claims encompass multiple possibilities, such as: (A) all high RI layers having the same thickness, or (B) at least two or more of the high RI layers having different thicknesses. Cited reference Hart satisfies at least the first scenario, in which all high RI layers have a same thickness, and such thickness is between 120 nm and 180 nm (see paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart, but see especially paragraph [0096] of Hart). Applicant further argues that because the newly-added claim limitations are not disclosed by Hart, the claimed optical characteristics (transmittance and reflectance) cannot be presumed to be met by Hart (pages 13-15 of the Remarks). However, as explained above in the preceding paragraphs, and as explained below in the rejections of Claims 1, 8 and 16, the newly-recited wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm is met by paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart, especially paragraph [0096] of Hart, and the newly-recited further wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 930 nm to 950 nm at 0° incidence is met by paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart, especially paragraph [0062] of Hart which states: “article 100 of one or more embodiments, or the anti-reflective surface 122 of one or more articles, may exhibit an average light transmittance of … about 89% or greater … over the optical wavelength regime in the infrared spectrum from … 930 nm to 950 nm … the average reflectance or transmittance … measured at an incident illumination angle of 0 degrees”. Applicant further appears to argue that the present invention provides unexpected results, but Applicant does not appear to have articulated what results are unexpected, or why such results would be unexpected (see pages 14-16 of the Remarks). Applicant further argues that Hart fails to disclose or suggest the limitations of dependent Claims 6, 13 and 21 because Applicant asserts that specific examples of Hart, such as Exs. 1-4, 7-7B, do not meet all of the claim limitations (see pages 15-16 of the Remarks). However, it has been held that disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. MPEP § 2123, citing In re Susi , 440 F.2d 442, 169 USPQ 423 (CCPA 1971). In the present case, the Office has not solely relied upon specific examples of Hart to reject the claims, but instead relies upon the broader disclosures of Hart, which includes paragraphs [0088], [0091]-[0096] and FIGS. 1, 2A, 2B, 3 of Hart, which disclose all of the claim limitations of the present Claims 6, 13 and 21. Therefore, Applicant’s arguments are not persuasive, and the claims remain rejected based upon the previously-cited Hart reference. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-4, 6-11, 13-19 and 21-29 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Hart et al., US 2020/0057177 A1 (cited in the IDS of October 25, 2022 and previously relied upon) . Regarding Claim 1 , Hart discloses: An article comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features) : a substrate comprising opposing major surfaces including a first major surface and a second major surface (article 100 comprises a substrate 110 having an upper surface and a lower surface; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); an optical film structure in direct contact with the first major surface of the substrate (an optical film structure such as anti-reflective coating 120 is in direct contact with the upper surface of substrate 100; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); the optical film structure comprising a physical thickness from about 50 nm to less than 500 nm, a plurality of alternating high refractive index (RI) and low RI layers with a first low RI layer directly on and in contact with the first major surface, and a capping low RI layer (optical film structure may have a physical thickness from about 50 nm to less than 500 nm, and a plurality of alternating high index and low index layers [e.g., layers 130A, 130B] with a first low index layer on the first major surface [upper surface of substrate 100] and a capping low index layer [e.g., layer 131]; Abstract and paragraphs [0089]-[0091], [0156], [0185], [0190] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the capping low RI layer and the plurality of alternating high RI and low RI layers total three (3) layers to nine (9) layers, wherein each low RI layer and the capping low RI layer comprises a silicon-containing oxide and each high RI layer is SiNx (the number of alternating high index and low index layers may be, e.g., four (4) layers or five (5) layers or six (6) or seven (7) layers, and there may be a single capping layer 131, and suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0090], [0094], [0095], [0113], [0115], [0117], [0121], [0132], [0168], [0169], [0185] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5, and the Office further notes that the mid-point of the range 18 nm to 281 nm is 150 nm, which is also the mid- point of the claimed range of 120 nm to 180 nm; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); wherein the article exhibits a maximum hardness of 8 GPa or greater measured over an indentation depth of about 50 nm or greater, the maximum hardness measured by a Berkovich Indenter Hardness Test (article exhibits a hardness of 8 GPa or greater measured at an indentation depth of about 100 nm as measured by a Berkovich Indenter Hardness Test; Abstract and paragraphs [0039]-[0045] of Hart); and further wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 89% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and more specifically 930 nm to 950 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart, but see especially paragraph [0062] of Hart ; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 2 , Hart discloses the limitations of Claim 1 and further discloses: wherein the article exhibits a single-side average reflectance that is less than 1.5% at infrared wavelengths from 840 nm to 860 nm and less than 3% at infrared wavelengths from 930 nm to 950 nm at 6° incidence (article 100 or anti-reflective surface 122 may exhibit a visible photopic average reflectance of about 1% or less over the optical wavelength regime, exhibited at incident illumination angles in the range from about 0° to about 20°; Abstract and paragraphs [0047], [0063], [0099] of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (concurrent rejections) and MPEP § 2112.01, Sections I and II (identical structure and composition) and MPEP sec 2111.04, Section I (whereby clauses); the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 3 , Hart discloses the limitations of Claim 1 and further discloses: wherein the article exhibits a two-side average transmittance that is greater than 92% at infrared wavelengths from 840 nm to 860 nm and greater than 89% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 95% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 4 , Hart discloses the limitations of Claim 1 and further discloses: wherein the substrate is a glass substrate or a glass-ceramic substrate (substrate 110 may be glass; paragraphs [0065]-[0068] and FIGS. 1, 2A, 2B, 3 of Hart;). Regarding Claim 6, as best understood , Hart discloses the limitations of Claim 1 and further discloses: wherein the optical film structure comprises a physical thickness from 275 nm to 350 nm, each high RI layer is SiNx, each low RI layer is SiO2 and the capping low RI layer is SiO2 (physical thickness of the anti-reflective coating 120 may be in a range from about 175 nm to 300 nm, suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0088], [0091]-[0096] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 7 , Hart discloses the limitations of Claim 1 and further discloses: A consumer electronic product, comprising: a housing comprising a front surface, a back surface and side surfaces; electrical components at least partially within the housing, the electrical components comprising a controller, a memory, and a display, the display at or adjacent to the front surface of the housing; and a cover substrate disposed over the display, wherein at least one of a portion of the housing or the cover substrate comprises the article of claim 1 (article 100 may be incorporated into consumer electronics, e.g., a consumer electronic device 400 including a housing 402 having a front 404, a back 406, and side surfaces 408, electrical components including at least a controller, a memory, and a display 410 at or adjacent to the front surface of the housing, and a cover substrate 412 at or over the front surface of the housing such that it is over the display, wherein the cover substrate 412 may include any of the disclosed articles; paragraphs [0108], [0203]-[0207] and FIGS. 1, 2A, 2B, 3, 4A, 4B of Hart). Regarding Claim 8 , Hart discloses: An article comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features) : a substrate comprising opposing major surfaces including a first major surface and a second major surface (article 100 comprises a substrate 100 having an upper surface and a lower surface; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); an optical film structure in direct contact with the first major surface of the substrate (an optical film structure such as anti-reflective coating 120 is in direct contact with the upper surface of substrate 100; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); the optical film structure comprising a physical thickness from about 50 nm to less than 500 nm, a plurality of alternating high refractive index (RI) and low RI layers with a first low RI layer directly on and in contact with the first major surface, and a capping low RI layer (optical film structure may have a physical thickness from about 50 nm to less than 500 nm, and a plurality of alternating high index and low index layers [e.g., layers 130A, 130B] with a first low index layer on the first major surface [upper surface of substrate 100] and a capping low index layer [e.g., layer 131]; Abstract and paragraphs [0089]-[0091], [0156], [0185], [0190] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the capping low RI layer and the plurality of alternating high RI and low RI layers total three (3) layers to nine (9) layers, wherein each low RI layer and the capping low RI layer comprises a silicon-containing oxide and each high RI layer is SiNx (the number of alternating high index and low index layers may be, e.g., four (4) layers or five (5) layers or six (6) or seven (7) layers, and there may be a single capping layer 131, and suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0090], [0094], [0095], [0113], [0115], [0117], [0121], [0132], [0168], [0169], [0185] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); wherein the article exhibits a maximum hardness of 8 GPa or greater measured over an indentation depth of about 50 nm or greater, the maximum hardness measured by a Berkovich Indenter Hardness Test (article exhibits a hardness of 8 GPa or greater measured at an indentation depth of about 100 nm as measured by a Berkovich Indenter Hardness Test; Abstract and paragraphs [0039]-[0045] of Hart); wherein a combined physical thickness of the high RI layers is from about 40% to 60% of the physical thickness of the optical film structure (combined physical thickness [or volume] of the high RI layer(s) 130B may be about 30% or greater, about 35% or greater, about 40% or greater, about 45% or greater, about 50% or greater, about 55% or greater, or even about 60% or greater, of the total physical thickness [or volume] of the anti-reflective coating 120; paragraph [0098] and FIGS. 1, 2A, 2B, 3 of Hart); and further wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 89% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and more specifically 930 nm to 950 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart, but see especially paragraph [0062] of Hart ; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 9 , Hart discloses the limitations of Claim 8 and further discloses: wherein the article exhibits a single-side average reflectance that is less than 1.5% at infrared wavelengths from 840 nm to 860 nm and less than 3% at infrared wavelengths from 930 nm to 950 nm at 6° incidence (article 100 or anti-reflective surface 122 may exhibit a visible photopic average reflectance of about 1% or less over the optical wavelength regime, exhibited at incident illumination angles in the range from about 0° to about 20°; Abstract and paragraphs [0047], [0063], [0099] of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 10 , Hart discloses the limitations of Claim 8 and further discloses: wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 840 nm to 860 nm and greater than 92% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 95% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 11 , Hart discloses the limitations of Claim 8 and further discloses: wherein the substrate is a glass substrate or a glass-ceramic substrate (substrate 110 may be glass; paragraphs [0065]-[0068] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 13, as best understood , Hart discloses the limitations of Claim 8 and further discloses: wherein the optical film structure comprises a physical thickness from 275 nm to 350 nm, each high RI layer is SiNx, each low RI layer is SiO2 and the capping low RI layer is SiO2 (physical thickness of the anti-reflective coating 120 may be in a range from about 175 nm to 300 nm, suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0088], [0091]-[0096] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 14 , Hart discloses the limitations of Claim 8 and further discloses: wherein the combined physical thickness of the high RI layers is from about 45% to 55% of the physical thickness of the optical film structure (combined physical thickness [or volume] of the high RI layer(s) 130B may be about 30% or greater, about 35% or greater, about 40% or greater, about 45% or greater, about 50% or greater, about 55% or greater, or even about 60% or greater, of the total physical thickness [or volume] of the anti-reflective coating 120; paragraph [0098] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 15 , Hart discloses the limitations of Claim 8 and further discloses: A consumer electronic product, comprising: a housing comprising a front surface, a back surface and side surfaces; electrical components at least partially within the housing, the electrical components comprising a controller, a memory, and a display, the display at or adjacent to the front surface of the housing; and a cover substrate disposed over the display, wherein at least one of a portion of the housing or the cover substrate comprises the article of claim 8 (article 100 may be incorporated into consumer electronics, e.g., a consumer electronic device 400 including a housing 402 having a front 404, a back 406, and side surfaces 408, electrical components including at least a controller, a memory, and a display 410 at or adjacent to the front surface of the housing, and a cover substrate 412 at or over the front surface of the housing such that it is over the display, wherein the cover substrate 412 may include any of the disclosed articles; paragraphs [0108], [0203]-[0207] and FIGS. 1, 2A, 2B, 3, 4A, 4B of Hart). Regarding Claim 16, as best understood , Hart discloses: An article comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features) : a substrate comprising opposing major surfaces including a first major surface and a second major surface (article 100 comprises a substrate 100 having an upper surface and a lower surface; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); an optical film structure in direct contact with the first major surface of the substrate (an optical film structure such as anti-reflective coating 120 is in direct contact with the upper surface of substrate 100; paragraph [0035] and FIGS. 1, 2A, 2B, 3 of Hart); the optical film structure comprising a physical thickness from about 50 nm to less than 500 nm, a plurality of alternating high refractive index (RI) and low RI layers with a first low RI layer directly on and in contact with the first major surface, and a capping low RI layer (optical film structure may have a physical thickness from about 50 nm to less than 500 nm, and a plurality of alternating high index and low index layers [e.g., layers 130A, 130B] with a first low index layer on the first major surface [upper surface of substrate 100] and a capping low index layer [e.g., layer 131]; Abstract and paragraphs [0089]-[0091], [0156], [0185], [0190] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the capping low RI layer and the plurality of alternating high RI and low RI layers total three (3) layers to nine (9) layers, wherein each low RI layer and the capping low RI layer comprises a silicon-containing oxide and each high RI layer is SiNx (the number of alternating high index and low index layers may be, e.g., four (4) layers or five (5) layers or six (6) or seven (7) layers, and there may be a single capping layer 131, and suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0090], [0094], [0095], [0113], [0115], [0117], [0121], [0132], [0168], [0169], [0185] and FIGS. 1, 2A, 2B, 3 of Hart); wherein the thickest high RI layer has a physical thickness from 120 nm to 180 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); wherein the article exhibits a maximum hardness of 8 GPa or greater measured over an indentation depth of about 50 nm or greater, the maximum hardness measured by a Berkovich Indenter Hardness Test (article exhibits a hardness of 8 GPa or greater measured at an indentation depth of about 100 nm as measured by a Berkovich Indenter Hardness Test; Abstract and paragraphs [0039]-[0045] of Hart); wherein: the thickest high RI layer has a physical thickness from 120 nm to 180 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); the first low RI layer directly on and in contact with the first major surface has a physical thickness from 15 nm to 35 nm (each of the low RI layers 130A may have an optical thickness of about 15 nm to about 100 nm, and thus may have a physical thickness of about 8.8 nm to 77 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the low RI layers may be from 1.3 to 1.7; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); and the capping low RI layer has a thickness from 80 nm to 100 nm (capping layer 131, or the outermost low RI layer 130A when there is no capping layer 131, has a physical thickness of less than about 100 nm, less than about 90 nm, or less than about 85 nm; paragraphs [0096], [0097] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart); and further wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 89% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and more specifically 930 nm to 950 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart, but see especially paragraph [0062] of Hart ; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 17 , Hart discloses the limitations of Claim 16 and further discloses: wherein the article exhibits a single-side average reflectance that is less than 1.5% at infrared wavelengths from 840 nm to 860 nm and less than 3% at infrared wavelengths from 930 nm to 950 nm at 6° incidence (article 100 or anti-reflective surface 122 may exhibit a visible photopic average reflectance of about 1% or less over the optical wavelength regime, exhibited at incident illumination angles in the range from about 0° to about 20°; Abstract and paragraphs [0047], [0063], [0099] of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 18 , Hart discloses the limitations of Claim 16 and further discloses: wherein the article exhibits a two-side average transmittance that is greater than 89% at infrared wavelengths from 840 nm to 860 nm and greater than 92% at infrared wavelengths from 930 nm to 950 nm at 0° incidence (transmittance of greater than 95% for all wavelengths within the optical wavelength regime, which may include the infrared spectrum from 800 nm to 1000 nm, and wherein transmittance values may take into account transmittance on both major surfaces of the substrate, and wherein transmittance is measured at zero degree incidence unless otherwise specified; see paragraphs [0027], [0035], [0047], [0050], [0061], [0062], [0069], [0087], [0099], [0133] and FIGS. 1, 2A, 2B, 3, 10 of Hart; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ). Regarding Claim 19 , Hart discloses the limitations of Claim 16 and further discloses: wherein the substrate is a glass substrate or a glass-ceramic substrate (substrate 110 may be glass; paragraphs [0065]-[0068] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 21, as best understood , Hart discloses the limitations of Claim 16 and further discloses: wherein the optical film structure comprises a physical thickness from 275 nm to 350 nm, each high RI layer is SiNx, each low RI layer is SiO2 and the capping low RI layer is SiO2 (physical thickness of the anti-reflective coating 120 may be in a range from about 175 nm to 300 nm, suitable materials for use in the high RI layer(s) 130B include SiNx, and suitable materials for use in the low RI layer(s) 130A and capping layer 131 include SiO2; paragraphs [0088], [0091]-[0096] and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 22 , Hart discloses the limitations of Claim 21 and further discloses: wherein the thickest high RI layer has a physical thickness from 125 nm to 160 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart) , the first low RI layer directly on and in contact with the first major surface has a physical thickness from 20 nm to 30 nm (each of the low RI layers 130A may have an optical thickness of about 15 nm to about 100 nm, and thus may have a physical thickness of about 8.8 nm to 77 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the low RI layers may be from 1.3 to 1.7; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart) , and the capping low RI layer has a thickness from 85 nm to 95 nm (capping layer 131, or the outermost low RI layer 130A when there is no capping layer 131, has a physical thickness of less than about 100 nm, less than about 90 nm, or less than about 85 nm; paragraphs [0096], [0097] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart). Regarding Claim 23 , Hart discloses the limitations of Claim 16 and further discloses: A consumer electronic product, comprising: a housing comprising a front surface, a back surface and side surfaces; electrical components at least partially within the housing, the electrical components comprising a controller, a memory, and a display, the display at or adjacent to the front surface of the housing; and a cover substrate disposed over the display, wherein at least one of a portion of the housing or the cover substrate comprises the article of claim 16 (article 100 may be incorporated into consumer electronics, e.g., a consumer electronic device 400 including a housing 402 having a front 404, a back 406, and side surfaces 408, electrical components including at least a controller, a memory, and a display 410 at or adjacent to the front surface of the housing, and a cover substrate 412 at or over the front surface of the housing such that it is over the display, wherein the cover substrate 412 may include any of the disclosed articles; paragraphs [0108], [0203]-[0207] and FIGS. 1, 2A, 2B, 3, 4A, 4B of Hart). Regarding Claims 24-26 , Hart discloses the limitations of Claims 1, 8 and 16, and further discloses: wherein the thickest high RI layer has a physical thickness from 125 nm to 160 nm (each of the high RI layers 130B may have an optical thickness of about 45 nm to 450 nm, and thus may have a physical thickness of about 18 nm to 281 nm [a layer’s optical thickness divided by its refractive index equals its physical thickness] because the refractive index of the high RI layers may be from 1.7 to 2.5; paragraphs [0092]-[0096] and TABLES 1-7 and FIGS. 1, 2A, 2B, 3 of Hart) , wherein the optical film structure comprises a physical thickness from 300 nm to 350 nm (a physical thickness of the anti-reflective coating 120 may be in a range from about 175 nm to 300 nm; paragraphs [0088], [0091]-[0096] and FIGS. 1, 2A, 2B, 3 of Hart, but see especially paragraph [0088] of Hart) , and further wherein the capping low RI layer and the plurality of alternating high RI and low RI layers total five (5) layers (the number of alternating high index and low index layers may be, e.g., four (4) layers, e.g., arranged L/H/L/H or H/L/H/L [two “periods”], and there may be a single capping layer 131; paragraphs [0090], [0091] and FIG. 2B of Hart). Regarding Claims 27-29 , Hart discloses the limitations of Claims 1, 8 and 16, and further discloses: wherein the article exhibits a first-surface photopic average reflectance of 1% or less, as measured at 6 degrees incidence, and further wherein the article exhibits a first-surface reflected color of less than 10 for all angles of incidence of from 0 degrees to 60 degrees (the article exhibits a single-side photopic average reflectance that is less than 1% at incident illumination angles in the range from about 0 degrees to about 20 degrees, and the disclosed article(s) may have a colorless reflectance [i.e., color value of zero] at reference illumination angles from normal [zero degrees] to 60 degrees; see Abstract and paragraphs [0024], [0034], [0049], [0050], [0060], [0061], [0063], [0064], [0099] and FIG. 7 of Hart, but see especially paragraphs [0049], [0050], [0063] of Hart, and compare to Applicant’s paragraph [0064] on page 18 of Applicant’s originally-filed specification; the Office notes that Hart discloses a same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result, including the claimed high transmittance and low reflectance, and wherein such optical characteristics including with respect to angles of incidence and color values are a natural consequence of an article’s physical structure and chemical composition; see MPEP § 2112, Section III (regarding concurrent rejections) and MPEP § 2112.01, Sections I and II (regarding identical structure and composition) and MPEP § 2111.04, Section I (regarding whereby clauses); and wherein the Office further notes that high transmittance and low reflectance is a goal of any anti-reflective coating, and thus cannot form the basis of an invention, because it is simply stating a desired outcome rather describing a physical structure and/or chemical composition and/or arrangement of parts which is new and non-obvious ) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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 of this title, 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. 07-23-fti The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 1-4, 6-11, 13-19 and 21-29 are rejected under 35 U.S.C. 103 as being unpatentable over Hart . Regarding Claims 1-4, 6-11, 13-19 and 21-29 , as explained above in the rejections under 35 U.S.C. 102(a)(1), Hart discloses the claimed transmittance and reflectance characteristics of independent Claims 1, 8 and 16 (including at multiple angles of incidence) based on at least the disclosures of Abstract and paragraphs [0047], [0050], [0062], [0063], [0099] of Hart, or alternatively because Hart discloses the same physical structure and chemical composition as the claimed invention, and thus the layer set of Hart is presumed to have the same optical characteristics as a result. However, assuming arguendo , that Hart does not disclose the claimed transmittance and reflectance characteristics (e.g., with respect to one-side or single-side [or “first-surface”] transmittance/reflectance versus two-side transmittance/reflectance), it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP § 2144.05, Section II, Subsection A, citing In re Aller , 220 F.2d 454, 456; 105 USPQ 233, 235 (CCPA 1955). In the present case, the general conditions of the claim are disclosed in the prior art because Hart discloses articles with thin, multi-layer anti-reflective coatings, wherein strong optical performance characteristics are considered to be maximum light transmittance and minimum reflectance, and colorless reflectance (see, e.g., paragraphs [0002], [0003], [0034], [0049] of Hart). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the claimed high transmittance and low reflectance, and colorless reflectance, whether exhibited based on single-side or two-sided, for the article of Hart, in accordance with maximizing optical performance of the anti-reflective coating, as evidenced by paragraphs [0002], [0003], [0034], [0049] of Hart. The Office further notes that the above analysis is also applicable to the claimed high transmission and low reflectance values of dependent Claims 2, 3, 9, 10, 17, 18 and 27-29. Examiner Note – Consider Entirety of Reference Although various text and figures of the cited reference have been specifically cited in this Office Action to show disclosures and teachings which correspond to specific claim language, Applicant is advised to consider the complete disclosure of the reference, including portions which have not been specifically cited by the Examiner. Conclusion 07-40 AIA Applicant’s amendments necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN S DUNNING whose telephone number is 571-272-4879. The examiner can normally be reached Monday thru Friday 10:30AM to 7:00PM Eastern Time Zone. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BUMSUK WON can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RYAN S DUNNING/Primary Examiner, Art Unit 2872 Application/Control Number: 17/852,452 Page 2 Art Unit: 2872 Application/Control Number: 17/852,452 Page 3 Art Unit: 2872 Application/Control Number: 17/852,452 Page 4 Art Unit: 2872 Application/Control Number: 17/852,452 Page 5 Art Unit: 2872 Application/Control Number: 17/852,452 Page 6 Art Unit: 2872 Application/Control Number: 17/852,452 Page 7 Art Unit: 2872 Application/Control Number: 17/852,452 Page 8 Art Unit: 2872 Application/Control Number: 17/852,452 Page 9 Art Unit: 2872 Application/Control Number: 17/852,452 Page 10 Art Unit: 2872 Application/Control Number: 17/852,452 Page 11 Art Unit: 2872 Application/Control Number: 17/852,452 Page 12 Art Unit: 2872 Application/Control Number: 17/852,452 Page 13 Art Unit: 2872 Application/Control Number: 17/852,452 Page 14 Art Unit: 2872 Application/Control Number: 17/852,452 Page 15 Art Unit: 2872 Application/Control Number: 17/852,452 Page 16 Art Unit: 2872 Application/Control Number: 17/852,452 Page 17 Art Unit: 2872 Application/Control Number: 17/852,452 Page 18 Art Unit: 2872 Application/Control Number: 17/852,452 Page 19 Art Unit: 2872 Application/Control Number: 17/852,452 Page 20 Art Unit: 2872 Application/Control Number: 17/852,452 Page 21 Art Unit: 2872 Application/Control Number: 17/852,452 Page 22 Art Unit: 2872 Application/Control Number: 17/852,452 Page 23 Art Unit: 2872 Application/Control Number: 17/852,452 Page 24 Art Unit: 2872
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