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 .
Claim Rejections - 35 USC § 102
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.
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.
(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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itoh et al., US 2001/0040716 A1.
Regarding Claim 1, Itoh discloses: A multilayer thin film that reflects an omnidirectional structural color comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a reflective core layer (layer of support material 2, e.g., the lowermost layer of support material 2 shown in FIG. 1b of Itoh, which is located directly on substrate 4, wherein the layers of support material 2 may be metal, such as gold, silver, or titanium; paragraphs [0038]-[0041] and FIGS. 1a, 1b of Itoh);
an amorphous-phase TiO2 dielectric layer extending across the reflective core layer (layer of photocatalytic material 1, e.g., the lowermost layer of photocatalytic material 1 shown in FIG. 1b of Itoh, which is located directly on [and extends across] the lowermost layer of support material 2, wherein the layers of photocatalytic material 1 may be titanium dioxide [TiO2] and more specifically may be amorphous titanium dioxide; paragraphs [0024], [0038], [0044] and FIGS. 1a, 1b of Itoh);
a metallic absorbing layer extending across the amorphous-phase TiO2 dielectric layer (layer of support material 2, e.g., the uppermost layer of support material 2 shown in FIG. 1b of Itoh, which extends across the lower layers of photocatalytic material 1, wherein the layers of support material 2 may be metal, such as gold, silver, or titanium; paragraphs [0038]-[0041] and FIGS. 1a, 1b of Itoh); and
a dielectric outer layer extending across the metallic absorbing layer (layer of photocatalytic material 1, e.g., the uppermost layer of photocatalytic material 1 shown in FIG. 1b of Itoh, which is located directly on [and extends across] the uppermost layer of support material 2, wherein the layers of photocatalytic material 1 may be titanium dioxide [TiO2] and more specifically may be amorphous titanium dioxide; paragraphs [0024], [0038], [0044] and FIGS. 1a, 1b, 2d of Itoh; the Office notes that metal oxides are dielectric materials);
wherein the multilayer thin film reflects a single narrow band of visible light when exposed to broadband electromagnetic radiation, the single narrow band of visible light comprising: a color shift of the single narrow band of visible light is less than 300 measured in Lab color space when the multilayer thin film is exposed to broadband electromagnetic radiation and viewed from angles between 0° and 45° relative to a direction normal to an outer surface of the multilayer thin film (Itoh discloses a same physical structure and chemical composition as the claimed invention, and thus the layers of Itoh are presumed to have the same optical characteristics and properties as a result, including the claimed narrowband reflection and low angular color shift; see MPEP § 2112, Sections I and III and MPEP § 2112.01, Sections I and II; the Office further notes that (A) reflection at single narrow band of visible light, and (B) minimal color shift between different viewing angles, appear to be goals of the claimed thin film, and thus cannot form the basis of an invention, because this appears to be 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, Itoh discloses the limitations of Claim 1 and further discloses: wherein the reflective core layer is formed from Al, Ag, Pt, Sn, Au, Cu, brass, bronze, TiN, Cr, or combinations thereof (the layers of support material 2 may be metal, such as gold [Au], silver [Ag], or titanium [Ti]; paragraphs [0038]-[0041] and FIGS. 1a, 1b of Itoh).
Regarding Claim 3, Itoh discloses the limitations of Claim 1 and further discloses: wherein the reflective core layer has a thickness between 50 nm and 500 nm (each layer of photocatalytic material 1 and layer of support material 2 may correspond to a thickness of 1/4th [i.e., one-fourth or one-quarter] wavelength of the desired color, wherein the device of Itoh provides visual coloring, and thus the optical thickness is 1/4th of approximately 400 nm to 700 nm [wavelengths of visible light] which is approximately 100 nm to 175 nm (1/4th of 400 nm is 100 nm, and 1/4th of 700 nm is 175 nm), which is between the claimed values of 50 nm and 500 nm; Abstract and paragraphs [0001], [0002], [0042] and FIGS. 1a, 1b of Itoh; the Office notes that the present claim language may be interpreted to include either physical thickness or optical thickness).
Regarding Claim 4, Itoh discloses the limitations of Claim 1 and further discloses: wherein the amorphous-phase TiO2 dielectric layer has a thickness between 10 nm and 150 nm (each layer of photocatalytic material 1 and layer of support material 2 may correspond to a thickness of 1/4 [i.e., one-fourth or one-quarter] wavelength of the desired color, wherein the device of Itoh provides visual coloring, and thus the optical thickness is 1/4th of approximately 400 nm to 700 nm [wavelengths of visible light] which is approximately 100 nm to 175 nm, a portion of which is between the claimed values of 10 nm and 150 nm; Abstract and paragraphs [0001], [0002], [0042] and FIGS. 1a, 1b of Itoh; the Office notes that the present claim language may be interpreted to include either physical thickness or optical thickness).
Regarding Claim 5, Itoh discloses the limitations of Claim 1 and further discloses: wherein the metallic absorbing layer is formed from W, Cr, Ge, Ni, stainless steel, Pd, Ti, Si, V, TiN, Co, Mo, Nb, ferric oxide, or combinations thereof (the layers of support material 2 may be metal, such as gold [Au], silver [Ag], or titanium [Ti]; paragraphs [0038]-[0041] and FIGS. 1a, 1b of Itoh).
Regarding Claim 7, Itoh discloses the limitations of Claim 1 and further discloses: wherein the dielectric outer layer is formed from ZnS, TiO2, and combinations thereof (the layers of photocatalytic material 1 may be titanium dioxide [TiO2] and more specifically may be amorphous titanium dioxide; paragraphs [0024], [0038], [0044] and FIGS. 1a, 1b of Itoh).
Regarding Claim 8, Itoh discloses the limitations of Claim 1 and further discloses: wherein the dielectric outer layer has a thickness greater than 0.1 quarter wave (QW) to less than or equal to 4.0 QW where a control wavelength is determined by a target wavelength at a peak reflectance in a visible wavelength (each layer of photocatalytic material 1 and layer of support material 2 may correspond to a thickness of 1/4th [i.e., one-fourth or one-quarter] wavelength of the desired color of the provided visual coloring, and thus the thicknesses may be 1 QW, which is between the claimed values of 0.1 QW and 4.0 QW; Abstract and paragraphs [0001], [0002], [0042] and FIGS. 1a, 1b of Itoh; the Office notes that the present claim language may be interpreted to include either physical thickness or optical thickness).
Regarding Claim 9, Itoh discloses the limitations of Claim 1 and further discloses: wherein the dielectric outer layer has a thickness between 5 nm and 500 nm (each layer of photocatalytic material 1 and layer of support material 2 may correspond to a thickness of 1/4 [i.e., one-fourth or one-quarter] wavelength of the desired color, wherein the device of Itoh provides visual coloring, and thus the optical thickness is 1/4 of approximately 400 nm to 700 nm [wavelengths of visible light] which is approximately 100 nm to 175 nm, which is between the claimed values of 5 nm and 500 nm; Abstract and paragraphs [0001], [0002], [0042] and FIGS. 1a, 1b of Itoh; the Office notes that the present claim language may be interpreted to include either physical thickness or optical thickness).
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glenn et al., US 2012/0321867 A1, cited in the IDS of April 25, 2024.
Regarding Claim 1, Glenn discloses: A multilayer thin film that reflects an omnidirectional structural color comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a reflective core layer (Ag [silver] layer 2; paragraphs [0026], [0034] and TABLE 1 of Glenn);
an amorphous-phase TiO2 dielectric layer extending across the reflective core layer (layer 3 may be amorphous titanium oxide [TiO2]; paragraphs [0013], [0026], [0029], [0035] and TABLE 1 of Glenn);
a metallic absorbing layer extending across the amorphous-phase TiO2 dielectric layer (Ag [silver] layer 4; paragraphs [0026], [0036] and TABLE 1 of Glenn); and
a dielectric outer layer extending across the metallic absorbing layer (silicon nitride layer 5; paragraphs [0026], [0038] and TABLE 1 of Glenn; the Office notes that nitrides are dielectric materials);
wherein the multilayer thin film reflects a single narrow band of visible light when exposed to broadband electromagnetic radiation, the single narrow band of visible light comprising: a color shift of the single narrow band of visible light is less than 300 measured in Lab color space when the multilayer thin film is exposed to broadband electromagnetic radiation and viewed from angles between 0° and 45° relative to a direction normal to an outer surface of the multilayer thin film (Glenn discloses a same physical structure and chemical composition as the claimed invention, and thus the layers of Glenn are presumed to have the same optical characteristics and properties as a result, including the claimed narrowband reflection and low angular color shift; see MPEP § 2112, Sections I and III and MPEP § 2112.01, Sections I and II; the Office further notes that (A) reflection at single narrow band of visible light, and (B) minimal color shift between different viewing angles, appear to be goals of the claimed thin film, and thus cannot form the basis of an invention, because this appears to be 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 6, Glenn discloses the limitations of Claim 1 and further discloses: wherein the metallic absorbing layer has a thickness between 5 nm and 20 nm (Ag [silver] layer 4 can have a thickness in the range of about 8 to 24 nm, preferably 10 to 20 nm, more preferably 12 to 18 nm, most preferably about 16 nm thick; paragraphs [0026], [0036] and TABLE 1 of Glenn).
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 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.
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.
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.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Glenn in view of Boudreau et al., US 2014/0352355 A1.
Regarding Claim 25, Glenn discloses the limitations of Claim 1 and further discloses: A method for forming the multilayer thin film of claim 1, the method comprising: depositing the amorphous-phase TiO2 dielectric layer onto the reflective core layer by CVD or ALD; and depositing the dielectric outer layer onto the metallic absorbing layer by CVD or ALD (the layers may be deposited by conventional physical and chemical vapor deposition [CVD] techniques; paragraphs [0026], [0048] and TABLE 1 of Glenn).
Glenn does not appear to articulate the specific type of layer deposition known as atomic layer deposition [ALD], such that: depositing the metallic absorbing layer onto the amorphous-phase TiO2 dielectric layer by ALD.
Boudreau is related to Glenn with respect to coated glass.
Boudreau teaches: depositing the metallic absorbing layer onto the amorphous-phase TiO2 dielectric layer by ALD (atomic layer deposition [ALD] process may be used for metal coatings; paragraphs [0021], [0022], [0035], [0039]-[0044] and FIG. 8 of Boudreau).
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 ALD method of Boudreau for the deposition process of Glenn because such technique enables a highly conformal layer, and results in less particulate formation which can affect sensitive articles such as microelectronics, and also avoids the need for the high temperatures required with CVD deposition, as taught in [0039], [0042], [0043] of Boudreau.
Claims 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Argoitia, US 2006/0263539 A1 in view of Glenn.
Regarding Claims 27 and 28, Argoitia discloses: A multilayer thin film that reflects an omnidirectional structural color comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a reflective core layer (absorber layer 19’ may comprise a semi-transparent layer of metal; paragraphs [0056]-[0058] and FIG. 1A of Argoitia);
a TiO2 dielectric layer extending across the reflective core layer (additional layer [spacer layer] 18’ may comprise titanium dioxide [TiO2] and extends across absorber layer 19’; paragraphs [0056]-[0058] and FIG. 1A of Argoitia);
a metallic absorbing layer extending across the amorphous-phase TiO2 dielectric layer (substrate 12 extends across additional layer [spacer layer] 18’ and may be reflective and/or magnetic, and may include aluminum, silver, iron, tantalum, iridium, rhenium, copper, silver, gold, platinum, palladium, nickel, cobalt, niobium, chromium, tin, and combinations or alloys; paragraphs [0056]-[0058] and FIG. 1A of Argoitia); and
a dielectric outer layer extending across the metallic absorbing layer (absorber layer 19 extends across substrate 12 and may comprise a dielectric material such as an iron oxide [e.g., Fe.sub.2O.sub.3], silicon monoxide [SiO], chromium oxide [Cr.sub.2O.sub.3], carbon, titanium sub-oxide [e.g., TiO.sub.x where x is less than 2.0], metal carbides, metal carbo-nitrides, combinations thereof; paragraphs [0056]-[0058] and FIG. 1A of Argoitia);
wherein the multilayer thin film reflects a single narrow band of visible light when exposed to broadband electromagnetic radiation, the single narrow band of visible light comprising: a color shift of the single narrow band of visible light is less than 300 measured in Lab color space when the multilayer thin film is exposed to broadband electromagnetic radiation and viewed from angles between 0° and 45° relative to a direction normal to an outer surface of the multilayer thin film (Argoitia discloses a same physical structure and chemical composition as the claimed invention, and thus the layers of Argoitia are presumed to have the same optical characteristics and properties as a result, including the claimed narrowband reflection and low angular color shift; see MPEP § 2112, Sections I and III and MPEP § 2112.01, Sections I and II; the Office further notes that (A) reflection at single narrow band of visible light, and (B) minimal color shift between different viewing angles, appear to be goals of the claimed thin film, and thus cannot form the basis of an invention, because this appears to be 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); and
an automotive vehicle comprising a paint system comprising: a binder; and the multilayer thin film (automotive paint formulation may use a polyurethane carrier; paragraphs [0005], [0109] of Argoitia).
Argoitia does not appear to disclose: the TiO2 dielectric layer is an amorphous-phase TiO2 dielectric layer.
Glenn is related to Argoitia with respect to multi-layer optical coatings.
Glenn teaches: the TiO2 dielectric layer is an amorphous-phase TiO2 dielectric layer (in a multi-layer coating including titanium oxide [TiO2] layers, it is preferable that the titanium oxide layers be amorphous titanium oxide; paragraphs [0012], [0013], [0029], [0035] of Glenn).
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 amorphous TiO2 of Glenn for the TiO2 of Argoitia because amorphous titanium oxide [TiO2] is particularly dense and provides exceptional barrier properties against oxygen and alkaline ions migration, as well as an extremely smooth surface, which aids in the deposition of a subsequent metal layer, as taught in paragraph [0013] of Glenn.
Allowable Subject Matter
Claims 11-24, 26, 29 and 30 are allowable. Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include 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.
With respect to Claim 10, although the prior art discloses various multilayer thin films that reflect an omnidirectional structural color, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising the combined features of:
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With respect to Claim 11, although the prior art discloses various multilayer thin films that reflect an omnidirectional structural color, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising:
the dielectric layer is an outer layer, wherein the Office presumes that the term outer layer is intended to require that the dielectric layer is an outermost layer
With respect to Claims 12-24, 26, 29 and 30, these claims each depend from Claim 11, and are therefore allowable for at least the reasons stated above.
Examiner Note – Consider Entirety of References
Although various text and figures of the cited references 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 each reference, including portions which have not been specifically cited by the Examiner.
Conclusion
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.
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/RYAN S DUNNING/Primary Examiner, Art Unit 2872
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