DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This application is entitled to and claims the benefit of priority of U.S. Provisional App. No. 63/319,574, filed 03/14/2022. The preliminary amendment filed on 03/13/2023 is entered and acknowledged by the Examiner.
3. Claims 1-18 are pending. Claims 1-18 are under examination on the merits.
Information Disclosure Statement
4. The information disclosure statement submitted on 07/26/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Drawings
5. The drawings are received on 03/13/2023. These drawings are acceptable.
Claim Objections
6. Claims 7, 16 are objected to because of the following informalities: It is suggested that “Fe304" be deleted and " Fe3O4" be inserted in its stead so as to engender claim language clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
7. The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
8. Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 5 recites the limitation "the plurality of nanorods" in line 1. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination against the prior art, claim 5 is construed to recite “the plurality of magnetic nanorods”.
9. Claims 6-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 6 recites the limitation "the plurality of nanorods" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 7 being depended on claim 6 is rejected as well.
For the purpose of examination against the prior art, claim 6 is construed to recite “the plurality of magnetic nanorods”.
10. Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 14 recites the limitation "the plurality of nanorods" in line 2. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination against the prior art, claim 14 is construed to recite “the plurality of magnetic nanorods”.
11. Claims 15-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 15 recites the limitation "the plurality of nanorods" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 16 being depended on claim 15 is rejected as well.
For the purpose of examination against the prior art, claim 15 is construed to recite “the plurality of magnetic nanorods”.
Claim Rejections - 35 USC § 102
12. 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.
13. Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al.
(Coupling morphological and magnetic anisotropy for assembling tetragonal colloidal crystals, Sci. Adv. 2021; 7: 1-8, hereinafter “Li”).
Regarding claim 1: Li discloses photonic pigments (Page 1, Abstract, lines 1-3) comprising: a plurality of magnetic nanorods assembled into tetragonal colloidal crystals (Page 6, left Col., 1st para, lines 12-14).
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Regarding claim 2: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), further comprising: a layer of nanomaterial on the plurality of magnetic nanorods assembled into
tetragonal colloidal crystals, the layer of nanomaterial configured to fix the plurality of
magnetic nanorods assembled into tetragonal colloidal crystals into a structural color (Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
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Regarding claim 3: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the layer of nanomaterial is selected from a group consisting of silica, TiO2, resorcinol-formaldehyde (RF) resins, and polymers (Page 6. Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 4: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the layer of nanomaterial is silica, the silica having a thickness of 1 nanometer to 100 nanometers (Page 6, Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 5: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the plurality of nanorods is selected from a group consisting of Fe nanorods, Fe3O4 nanorods, FeOOH nanorods, γ-Fe2O3 nanorods, Ni nanorods, NiFe2O4 nanorods, and Co nanorods (Page 6, Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 6: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the plurality of nanorods is Fe3O4 nanorods (Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
Regarding claim 7: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), further comprising: a nano-layer of silica on the plurality of Fe3O4 nanorods assembled into tetragonal colloidal crystals (Page 6, left Col., 1st para, lines 12-14).
Regarding claim 8: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the plurality of magnetic nanorods assembled into tetragonal colloidal crystals are tunable to one or more visible spectrums (Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
Regarding claim 9: Li discloses the photonic pigments (Page 1, Abstract, lines 1-3), wherein the photonic pigments are used in one or more of a photonic display, an anti-counterfeiting device, a decoration device, and colorimetric sensor (Page 1, left Col., Introduction, lines 7-10; Page 6, right Col., Discussion, lines 7-10).
It is submitted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 10: Li discloses a method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), the method comprising: assembling a plurality of magnetic nanorods into tetragonal colloidal (Page 6, left Col., 1st para, lines 12-14).
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Regarding claim 11: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: fixing the plurality of magnetic nanorods assembled into tetragonal colloidal crystals into a structural color by adding a layer of nanomaterial on the plurality of magnetic nanorods assembled into tetragonal colloidal crystals.
(Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
Regarding claim 12: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: selecting the layer of nanomaterial from a group consisting of silica, TiO2, resorcinol formaldehyde (RF) resins, and polymers (Page 6. Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 13: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), wherein the layer of nanomaterial is silica, the silica having a thickness of 1 nanometer to 100 nanometers Page 6, Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 14: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: selecting the plurality of nanorodes from a group consisting of Fe nanorods, Fe3O4 nanorods, FeOOH nanorods, γ-Fe2O3 nanorods, Ni nanorods, NiFe2O4 nanorods, and Co nanorods (Page 6, Right Col., 4th para, SiO2 coating, lines 1-9 to Page 7, left Col., 1st para, lines 1-3).
Regarding claim 15: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), wherein the plurality of nanorods is Fe3O4 nanorods (Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
Regarding claim 16: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: forming a nano-layer of silica on the plurality of Fe3O4 nanorods assembled into tetragonal colloidal crystals (Page 6, left Col., 1st para, lines 12-14).
Regarding claim 17: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: tuning the plurality of magnetic nanorods assembled into tetragonal colloidal crystals to one or more visible spectrums with an external magnetic field (Page 7, left Col., 2nd para, Magnetic assembly of nanorods into tetragonal crystals, lines 1-9, Fig. 5C).
Regarding claim 18: Li discloses the method of forming photonic pigments with tunable color responses (Page 1, Abstract, lines 8-9), further comprising: using the photonic pigments in one or more of a photonic display, an anticounterfeiting device, a decoration device, and colorimetric sensor (Page 1, left Col., Introduction, lines 7-10; Page 6, right Col., Discussion, lines 7-10).
It is submitted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
14. Claims 1, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bao et al.
(Colloidal synthesis of magnetic nanorods with tunable aspect ratios, J. Mater. Chem., 2012, 22, 7117-7120, hereinafter “Bao”).
Regarding claim 1: Bao discloses photonic pigments (Page 7117, Abstract, lines 1-2) comprising: a plurality of magnetic nanorods (Page 7118, left Col., Fig. 1) assembled into tetragonal colloidal crystals (Page 7118, right Col., Fig. 3A).
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Regarding claim 10: Bao discloses a method of forming photonic pigments with tunable color responses (Page 7117, Abstract, lines 1-2), the method comprising: assembling a plurality of magnetic nanorods into tetragonal colloidal (Page 7118, left Col., Fig. 1; Page 7118, right Col., Fig. 3A).
Examiner Information
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571) 270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. 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.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/15/2026
bijan.ahvazi@uspto.gov