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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 9/30/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 1-8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Twitchen et al., US2007/0148374.
Regarding claims 1-4, Twitchen teaches a cultured (synthetic) diamond comprising a synthetic diamond substrate, artificially embedded inclusions, and an encapsulating portion formed on the inclusions. The encapsulating portion is formed on the substrate/inclusions by chemical vapor deposition and thus is bonded to the substrate via covalent carbon bonds. See [0005]-[0007], Example 1, and claim 30.
Regarding claims 5-6, Twitchen teaches human or machine readable indicia such as a fingerprint or trademark which is considered at least an authentication identifier. See [0039], [0044], [0049], [0065], claim 28, and claim 53.
Regarding claim 7, Twitchen teaches the dopant (inclusion) is provided in one or more layers provided on the substrate. See Example 1, claims 3, 40, 44-49, and 51-52.
Regarding claim 8, Twitchen teaches the fingerprint or trademark is formed on a planar or non-planar surface. See Example 1 and Figures 9(a), 9(b), and 12-16 along with associated text.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Moore et al., US2017/0261855.
Regarding claims 1-4, Moore teaches a synthetic (cultured) diamond comprising a diamond substrate portion, creating a metallic layer (mark) layer on the diamond substrate, and an encapsulating synthetic diamond grown by CVD and thus bonded to the substrate portion via covalent carbon to carbon bonds. See [0006]-[0011], [0030], and [0037].
Regarding claims 5-7, Moore teaches the inclusions are human or machine readable written text in the form of a layer (Figures 5-6), logos, labels, captions, photograph or numbers. See [0003]-[0007] and [0033].
Regarding claim 8, Moore teaches at least planar surfaces for deposition. See Figure 1A – 1C and associated text.
Regarding claim 9, Moore teaches a metallic layer. See [0043].
Regarding claim 10, Moore teaches at least sputter coating and maskless lithography. See [0010] and [0032]-[0036].
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Gloyer et al., US2018/0310677.
Regarding claims 1-4 and 11, Gloyer teaches a synthetic diamond grown around an inclusion (secondary gemstone). See Figure 1 and associated text. Gloyer teaches growing a substrate portion of a diamond using CVD, inserting the secondary gemstone and forming an encapsulating portion via CVD which forms carbon-carbon bonds which bond the encapsulating portion to the substrate. See [0035], [0038], [0043], and [0054].
Regarding claim 5, Gloyer teaches inclusions comprising readable indicia (insignia). See [0020] and [0042].
Regarding claim 6, Gloyer teaches identification insignia which is considered at least an authentication identifier. See [0020] and [0042].
Regarding claims 7-10, Gloyer teaches using laser etching (laser ablation or direct laser writing) which produces, i.e., deposits, a non-diamond graphitized carbon layer on an interior of the diamond on a planar or non-planar surface. See [0042]. (The instant spec indicates that laser irradiation causes graphitization. See [0071].)
Regarding claim 12, Gloyer teaches diamonds, rubies, sapphires, amethyst, citrine, garnet, etc. See [0034]-[0036].
Regarding claims 13-14, Gloyer teaches pretreatment including cutting, grinding, crushing, shaping, etc. which would create more nucleation sites and increase nucleation density and are considered to meet the at least the mechanical surface abrasion limitation. See [0041].
Regarding claim 15, Gloyer teaches disposing the gemstone in a formed cavity. See Figure 1, element 108 and [0038].
Regarding claim 16, Gloyer teaches chemical vapor deposition. See [0054].
Regarding claim 17, Gloyer teaches both including insignia and a secondary gemstone. See [0042].
Regarding claims 18-19, Gloyer teaches a synthetic diamond grown around an inclusion (secondary gemstone). See Figure 1 and associated text. Gloyer teaches growing a substrate portion of a diamond using CVD, inserting the secondary gemstone and forming an encapsulating portion via CVD which forms carbon-carbon bonds which bond the encapsulating portion to the substrate. See [0035], [0038] and [0043]. Gloyer teaches using laser etching which would produce a non-diamond graphtitized carbon layer on the interior surface. (The instant spec indicates that laser irradiation causes graphitization. See [0071].)
Regarding claim 20, Gloyer teaches both the substrate portion and the encapsulating portion can be grown by chemical vapor deposition. See [0054].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J ZIMMER whose telephone number is (571)270-3591. The examiner can normally be reached Monday - Friday, 9:30 AM - 6 PM EST.
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ANTHONY J. ZIMMER
Supervisory Patent Examiner
Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736