The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Paragraph [0003] of the instant specification teaches that various polymers, and particularly copolyesters, are utilized in a wide range of products where their optical properties, such as color, are paramount to their applications. Typically, a sample of polymer particles, which often are in the form of pellets, is molded into a plaque and the color is measured by spectroscopic techniques. The need to produce a molded plaque for color analysis comes from the fact that direct analysis of the color of polymer pellets by spectroscopic techniques do not correspond with that of injection molded parts from those same polymer pellets. Surface scattering effects of the pellets make the use of direct spectroscopic techniques infeasible. From this description of the prior art, it appears that techniques that would require the production of a plaque because the spectroscopic technique would fail to measure a color that would to the color of an injection molded part of the same polymer is not enabled. This is because the instant disclosure is describing a needed process in which one can 1) directly measure color of polymer pellets without the time consuming and expensive step of making a molded plaque; 2) rapidly show anomalies between batches of polymer production; and 3) provide a rapid color test of polymer particles in other forms, such as granules, powders, and recycle scrap pieces (see instant paragraph [0008]). From this it appears that the scope of the invention is to cover all polymers in multiple forms that would have structures that the surface scattering would make the use of direct spectroscopic techniques infeasible.
With respect to this, Applicant is directed to the cited Samitsu paper describing the transmitting and scattering colors of porous particles of the polymer poly (vinyl chloride) based on the Christiansen effect. From the abstract it is clear that porous poly (vinyl chloride) (PVC) particles immersed in organic liquids exhibited bright colors when the refractive indices (RIs) of the liquids were close to the RI of PVC. The particles can separate white light into complementary transmitting and scattering colors. Unlike conventional structural colors resulting from interference of light, the colors, which are independent of the periodic microstructures, were systematically tuned by varying the wavelength-dependent RIs of liquids and covered the entire visible range from 320 to 780 nm. Numerical calculation based on the Mie scattering theory successfully reproduced their transmission spectra, validating the Christiansen effect of these materials. The RI determined by this effect was higher than that of the film sample and representative values in literature. The study reveals new and undiscovered RI-related features of polymers and demonstrates that the Christiansen effect will provide a simple but valuable method to study the dispersion state of polymer particles in liquids.
The first two paragraphs of the introduction section describe the production of structural coloration or the coloration of materials resulting from periodic microstructures on the scale of the wavelength of light or smaller. Progress on precision polymer synthesis enabled the rational design of structural color based on block copolymer self-assembly. In addition, structural color materials without long-range crystalline orders have been demonstrated by means of amorphous colloidal arrays and liquid crystalline blue phases. Structural colors that are independent of the viewing angle were realized, and these colors can hardly be realized by using long-ranged periodic microstructures. The study of wavelength-dependent scattering of light is an intriguing approach to examining transmitting colors which several authors had investigated for single designed core-shell structure of particles and the disordered arrangement of particles. Christiansen reported on a transmitting color, as exemplified by inorganic glass beads immersed in liquids. In binary phase materials, transparent solids and liquids allow transmission of light, and the interface between the solid and the liquid scatters the light if the RI of the solid is not identical with that of the liquid. Refractive indices of a material depend on wavelengths of light and generally decrease with increasing wavelengths if there is no absorption of light, which is called wavelength dispersion. When a solid has similar RI to that of a liquid and significantly different wavelength dispersions (i.e., different slopes on wavelength dependences), the RIs for the solid and the liquid sometimes intersect each other (see the paragraph bridging pages 239-240 for the refractive indices of the poly (vinyl chloride) [1.542] and the styrene liquid [1.547] used for figure 2). Under such a condition, the binary phase material of the solid and the liquid transmits light at the wavelengths in the proximity of the intersection point of the RIs and scatters light at other wavelengths, thus separating the light into transmitting and scattering colors. This coloration phenomenon is called Christiansen effect, and it has been explored particularly in the case of inorganic particles (such as glass and quartz) that are immersed in an organic liquid (such as carbon disulfide and benzene) or embedded in a solid polymer matrix. The principle of the Christiansen effect has been utilized to determine wavelength-dependent RIs of inorganic particles. Unlike inorganic materials, only few studies were conducted on organic materials: these include studies on emulsions of binary organic liquids and porous films filled with organic liquids. Transmitting colored materials made of a commercially available polymer will facilitate practical applications as elaborately patterned microstructures and tailor-made special polymers will not be needed. The introduction describes the porous particles of poly (vinyl chloride) (PVC) as industrially synthesized consisting of the agglomeration of a primary particle (about 1 µm in size), they have heterogeneous macroporous structures and exhibit significant variation in the outer shape and size (size: 50 - 100 µm, see at least figures 2(a) and 2(b)). In spite of the structural heterogeneity of the particles, they exhibit bright coloration, attributable to the Christiansen effect, when macropores absorb an organic liquid with an RI close to that of the PVC. Structural colors were systematically tuned by varying the RI of the organic liquid. Figures 3-5 show the transmission and scattering effect for various polymer liquid combinations. Section 3.4 and figure 5 in particular show the transmission and scattering behavior of the particles in liquid mixtures intended to change the refractive index of the liquid.
Since the Christiansen effect has been shown to exist in a variety of porous materials, one of ordinary skill would have expected it to be present for other porous polymers of a similar structure and/or powders in an organic liquid having a refractive index similar to the refractive index of the polymer. Since the instant claims cover all polymers and polymer forms, the Samitsu paper shows that one of ordinary skill in the art would not expect the instantly claimed invention to be enabled for at least situations in which the Christiansen effect would occur as well as other situations in which structural coloration would be expected to occur. Thus the instant claims are not enabled for their intended purpose of a direct analysis of the color of polymer pellets by spectroscopic techniques corresponding with the color of injection molded parts from those same polymer pellets.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claims 1, 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Samitsu in view of Bremer. As described above Samitsu teaches measuring the color of porous polymer particles. The particles were obtained. Section 3.4 teaches the obtaining of several composite fluids that were mixtures of two transparent liquids having different refractive indices to create a series of fluids of different refractive index. The same section teaches preparing samples of the composite fluid and the polymer particles. Figure 5 shows that transmission spectrophotometry was performed to determine the color of the solution. At least figure 2(s) shows that in the combined solution, the polymer particles are transparent. Since the particles do not dissolve on the composite fluid, the composite fluid is being treated as inert to the polymer particles. In the paragraph bridging pages 237-238, Samitsu teaches that in binary phase materials, transparent solids and liquids allow transmission of light, and the interface between the solid and the liquid scatters the light if the RI of the solid is not identical with that of the liquid. Refractive indices of a material depend on wavelengths of light and generally decrease with increasing wavelengths if there is no absorption of light, which is called wavelength dispersion. When a solid has similar RI to that of a liquid and significantly different wavelength dispersions (i.e., different slopes on wavelength dependences), the RIs for the solid and the liquid sometimes intersect each other. Under such a condition, the binary phase material of the solid and the liquid transmits light at the wavelengths in the proximity of the intersection point of the RIs and scatters light at other wavelengths, thus separating the light into transmitting and scattering colors. Figure 3 shows this happening for PVC particles in styrene at a wavelength near 450 nm. Figure 5(d) shows this happening in the different composite fluids at wavelengths ranging from around 450 nm to over 700 nm. Thus, Samitsu teaches claim 1 except for the composite fluid being a combination of a transparent liquid and nanoparticles.
In the paper Bremer investigated high refractive index nanocomposite fluids for immersion lithography. In the experiment, we show that it is possible to prepare suspensions with particles of about 4 nm diameter that increase the refractive index of the continuous phase with 0.2 at a wavelength of 193 nm. The refractive index and density of such dispersions are proportional to the volume fraction of the disperse phase, and it is shown that the refractive index of the composite fluid can be predicted very well from the optical properties of the components. Furthermore, successful imaging experiments were performed through a dispersion of silica nanoparticles. These findings lead to the conclusion that immersion lithography using nanoparticle dispersions is indeed possible. Of relevance to the instant claims are section III.C and section IV.E. In section III.C, a study is described of the effect of high refractive index nanoparticles on the index of the composite fluid using aqueous dispersions of zirconium oxide and various alumina nanoparticles. Figure 15 shows the refractive index nD (22 °C) as a function of the concentration of ZrO2. The refractive index at λ = 589 nm can be increased to about 1.46 before the system changed into a paste-gel. In section IV.E, the choice of the candidate material to use as nanoparticles is discussed. The last full paragraph on page 2400 teaches that the result on ZrO2 shows that dispersions in water can achieve an increase of the refractive index of more than 0.2 with particles that are sufficiently small for immersion lithography. These particles are still very polydisperse, and a better control of the particle synthesis is expected to yield an even more significant increase of the refractive index and a lower viscosity. If decalin is the continuous phase instead of water, such an increase of the refractive index would yield immersion fluids with a refractive index above 1.8. Examiner also notes that the paragraph bridging pages 2399-2400 discussed the transparency of the ZrO2 particles and teaches that the dispersion absorbs strongly below λ = 300 nm, as expected, because of contamination with organic materials and especially TiO2. This is a clear teaching that above λ = 300 nm, the dispersion is rather transparent. The paragraph bridging pages 2390-2391 and the first full paragraph on page 2391 describe the advantages in immersion lithography when using fluids of higher index of refraction and fluids of refractive indices between 1.60 and 1.65, so-called Gen-2 fluids or fluids with n = 1.8 (Gen-3). For Gen-2 fluids, several approaches had been proposed including mixing nanoparticles in a fluid. For Gen-3 fluids, however, the situation is different. At that point, there had been numerous unsuccessful attempts to increase the refractive index without increasing the absorption, by, for example, changing the chemistry of organic compounds. At that point, it had been widely recognized that the use of nanoparticles was the only remaining route to achieve refractive indices close to 1.8.
It would have been obvious to one of ordinary skill in the art at the time the application was filed to use nanoparticles and in particular the zirconium oxide nanoparticles of Bremer in the composite fluid of Samitsu to produce the increased refractive indices of the composite fluids used by Samitsu because of their transparency at visible wavelengths and the ability to reach a refractive index that is 0.2 or greater than the refractive index of the transparent fluid as taught by Bremer.
With respect to claim 5, the nanoparticles of Bremer have an average diameter of no more than 150 nm (4.1 nm, Table 5 of Bremer) so that modification of Samitsu with Bremer would meet the limitation of claim 5. With respect to claim 8, Samitsu teaches that the polymer is in the form of a powder with particles sizes in the range of 50-100 mm.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited art is related to nanoparticle containing fluids, transmission spectroscopy and immersion fluids used for procedures such as immersion lithography.
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/ARLEN SODERQUIST/ Primary Examiner, Art Unit 1797