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 Objections
Claim 12 is objected to because of informalities.
Claim 12 recites the phrase: “the indention surface”. It is believed that this phrase was intended to recite: “the indentation surface”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 11 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 the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 11 recite the phrase: “the element”. However, this term lacks antecedent basis because the term “element” is not earlier-recited in Claim 1 or Claim 5, from which Claim 11 depends. Thus, it is unclear whether this is intended to be the first instance of this term or is intended to refer to an earlier-recited term. For examination, this phrase will be treated as: “the optical element”.
Claim 11 appears to recite two contradictory scenarios: (A) the [optical] element includes one constituent layer, and (B) the optical element includes 2-50 constituent layers. Thus it is unclear how both of these scenarios can simultaneously be true. For examination, Claim 11 will be treated as reciting these scenarios in the alternative, i.e., “wherein EITHER the [optical] element includes one constituent layer, wherein the first section and the second section have one constituent layer, and wherein the thickness of the constituent layer of the first section and the second section are different, wherein the material of each of the corresponding constituent layers of the first section and the second section consist essentially of the same material, OR the optical element includes 2-50 constituent layers, wherein the number of constituent layers of the first section and the second section are the same, and wherein the thickness of at least two of the 2-50 corresponding constituent layers of the first section and the second section are different”.
Appropriate correction is required.
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 1-3, 5-12 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hart et al., US 2020/0101692 A1.
Regarding Claim 1, Hart discloses: A structure comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
an optical element disposed on a surface of an article (article 100, 200, 300 having transparent layer 103 may be disposed on another article such as consumer electronics, including mobile phones, tablets, computers, navigation systems, wearable devices, e.g., watches and the like, architectural articles, transportation articles, e.g., automotive, trains, aircraft, sea craft, etc., appliance articles, or any article that requires some transparency, scratch-resistance, abrasion resistance or a combination thereof; paragraph [0142] and FIGS. 1-3 of Hart);
wherein the surface of the article includes a base surface and a second surface, wherein the second surface has a first vertical height relative to the base surface (a surface of article 200, 300 [such as transparent layer 103] includes a first major surfaces 209, 211 which differ in height from each other, and differ in height from the planar surfaces above or below; FIGS. 2, 3 of Hart);
wherein the optical element includes a first section disposed on the base surface of the article and a second section disposed on the second surface of the article (article 200, 300 may have an outer layer 213 which may have a first section [e.g., first portion 201] disposed on first major surface 209 and a second section [e.g., second portion 203] disposed on first major surface 211; FIGS. 2-9 of Hart);
wherein the first section of the optical element imparts a first structural color to the base surface of the article, wherein the second section of the optical element imparts a second structural color to the second surface of the article, and wherein the first structural color and the second structural color differ from each other when viewed from the same angle of observation by a person having 20/20 visual acuity and normal color vision from a distance of about 1 meter from the article under the same lighting conditions (color difference between the color of the first portion 201 relative to the color of the second portion 203; Abstract and paragraphs [0009], [0012]-[0014], [0066], [0106], [0109], [0111]-[0115], [0133], [0137], [0141] and FIGS. 2-5, 7-9, 15, 16, 20 of Hart);
wherein the optical element comprises at least one constituent layer, wherein the number of constituent layer(s) of the first section and the second section are the same (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203, or alternatively, a same number of multiple layers 404 through 414 may be on each of first portion 201 and second portion 203; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIGS. 2, 5 of Hart).
Regarding Claim 2, Hart discloses the limitations of Claim 1 and further discloses: wherein the optical element includes one constituent layer, wherein the first section and the second section have one constituent layer, and wherein the thickness of the constituent layer of the first section and the second section are different (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIG. 2 of Hart; note that the Office is interpreting the phrase “includes one constituent layer” as “has only one constituent layer”, and interpreting the phrase “have one constituent layer” as “have only one constituent layer”—otherwise this claim would not appear to further limit Claim 1 [see 35 USC § 112(d)]).
Regarding Claim 3, Hart discloses the limitations of Claim 2 and further discloses: wherein the material of each of the corresponding constituent layers of the first section and the second section consist essentially of the same material (outer layer 213 is described in terms of a unitary layer, rather than made of different materials depending on the region; see, e.g., paragraph [0073] and FIG. 2 of Hart).
Regarding Claim 5, Hart discloses the limitations of Claim 1 and further discloses: wherein the first vertical height is at least 0.5 millimeter (outer layer 213 may have a thickness of about 500 nm to 1 mm; paragraph [0073] and FIG. 2 of Hart).
Regarding Claim 11, as best understood [see rejection of Claim 11 above based on 35 USC 112(b)], Hart discloses the limitations of Claim 5 and further discloses: wherein the element includes one constituent layer, wherein the first section and the second section have one constituent layer, and wherein the thickness of the constituent layer of the first section and the second section are different, wherein the material of each of the corresponding constituent layers of the first section and the second section consist essentially of the same material, wherein the optical element includes 2-50 constituent layers, wherein the number of constituent layers of the first section and the second section are the same, and wherein the thickness of at least two of the 2-50 corresponding constituent layers of the first section and the second section are different (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203, and outer layer 213 is described in terms of a unitary layer, rather than made of different materials depending on the region; paragraphs [0071], [0073], [0084] and FIGS. 2-9 of Hart, but see especially FIG. 2 of Hart; note that the Office is interpreting the phrase “includes one constituent layer” as “has only one constituent layer”, and interpreting the phrase “have one constituent layer” as “have only one constituent layer”—otherwise this claim would not appear to further limit Claim 5 [see 35 USC § 112(d)]).
Regarding Claim 6, Hart discloses the limitations of Claim 1 and further discloses: wherein a thickness of at least one of the constituent layers of the first section is different from a thickness of the corresponding constituent layer of the second section (outer layer 213 may comprise a left-side thickness which is different from a right-side thickness; paragraph [0073] and FIG. 2 of Hart).
Regarding Claim 19, Hart discloses the limitations of Claim 1 and further discloses: A method of making an article, comprising: disposing the optical element of claim 1 onto the surface of the article (surface coating 105, 206, 306 is applied to transparent layer 103, and such article 100, 200, 300 is applied to another article such as consumer electronics, including mobile phones, tablets, computers, navigation systems, wearable devices, e.g., watches and the like, architectural articles, transportation articles, e.g., automotive, trains, aircraft, sea craft, etc., appliance articles, or any article that requires some transparency, scratch-resistance, abrasion resistance or a combination thereof; paragraph [0142] and FIGS. 1-3 of Hart).
Regarding Claim 20, Hart discloses the limitations of Claim 19 and further discloses: An article comprising: a product of the method of claim 19 (surface coating 105, 206, 306 is applied to transparent layer 103, and such article 100, 200, 300 is applied to another article such as consumer electronics, including mobile phones, tablets, computers, navigation systems, wearable devices, e.g., watches and the like, architectural articles, transportation articles, e.g., automotive, trains, aircraft, sea craft, etc., appliance articles, or any article that requires some transparency, scratch-resistance, abrasion resistance or a combination thereof; paragraph [0142] and FIGS. 1-3 of Hart).
Regarding Claim 7, Hart discloses: A structure comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
an optical element disposed on a surface of an article (article 100, 200, 300 having transparent layer 103 may be disposed on another article such as consumer electronics, including mobile phones, tablets, computers, navigation systems, wearable devices, e.g., watches and the like, architectural articles, transportation articles, e.g., automotive, trains, aircraft, sea craft, etc., appliance articles, or any article that requires some transparency, scratch-resistance, abrasion resistance or a combination thereof; paragraph [0142] and FIGS. 1-3 of Hart);
wherein the surface of the article includes a base surface and at least a first surface and a second surface, wherein the first surface has a first vertical height relative to the base surface and the second surface has a second vertical height relative to the base surface (first major surfaces 209, 211 each have heights relative to surface 109 of transparent layer 103, and also have heights relative to an upper surface of outer layer 213 or an upper surface of inner layer 309; FIGS. 2, 3 of Hart);
wherein the optical element includes a first section disposed on the first surface of the article and a second section disposed on the second surface of the article (article 200, 300 may have a first section [e.g., first portion 201] disposed on first major surface 209 and a second section [e.g., second portion 203] disposed on first major surface 211; FIGS. 2-9 of Hart);
wherein the first section of the optical element imparts a first structural color to the first surface of the article, wherein the second section of the optical element imparts a second structural color to the second surface of the article, and wherein the first structural color and the second structural color differ from each other when viewed from the same angle of observation by a person having 20/20 visual acuity and normal color vision from a distance of about 1 meter from the article under the same lighting conditions (color difference between the color of the first portion 201 relative to the color of the second portion 203; Abstract and paragraphs [0009], [0012]-[0014], [0066], [0106], [0109], [0111]-[0115], [0133], [0137], [0141] and FIGS. 2-5, 7-9, 15, 16, 20 of Hart);
wherein the optical element comprises at least one constituent layer, wherein the number of constituent layer(s) of the first section and the second section are the same (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203, or alternatively, a same number of multiple layers 404 through 414 may be on each of first portion 201 and second portion 203; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIGS. 2, 5 of Hart).
Regarding Claim 8, Hart discloses the limitations of Claim 7 and further discloses: wherein the first vertical height and the second vertical height are different by about 0.5 millimeter to 10 centimeters (outer layer 213 may have a thickness of about 1 millimeter, and thus when a first vertical height is identified as the distance between surface 109 and surface 209, and a second vertical height is identified as the distance between surface 109 and the upper surface of outer layer 213, then the difference between the first and second vertical heights is about 1 millimeter, e.g., 1.004 millimeters; paragraphs [0073], [0084] and FIG. 2 of Hart).
Regarding Claim 9, Hart discloses the limitations of Claim 7 and further discloses: wherein a thickness of at least one of the constituent layers of the first section is different from a thickness of the corresponding constituent layer of the second section (outer layer 213 may be identified as the claimed “constituent layer”, wherein a thickness in the region of the first portion 201 [left-side region] is different from a thickness in the region of the second portion 203 [right-side region]; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIG. 2 of Hart).
Regarding Claim 10, Hart discloses the limitations of Claim 7 and further discloses: wherein the surface of the article includes at least the first section, the second section, and a third section, wherein the third section has a third vertical height relative to the base surface, wherein the third vertical height is different by about 0.5 millimeter to 10 centimeters millimeters from one or both of the first vertical height and the second vertical height, wherein the third section is disposed on a third region of the article, wherein the third section of the optical element imparts a third structural color to the third region of the article, and wherein the first structural color, the second structural color, and the third structural color are each different when viewed from the same angle of observation by a person having 20/20 visual acuity and normal color vision from a distance of about 1 meter from the article under the same lighting conditions, wherein the number of constituent layer(s) of the first section, the second section, and the third section are the same, and the thickness of at least one of the corresponding constituent layers of the first section, the second section, and the third section are different (although only two regions of differing colors are depicted in the drawings of Hart [see FIGS. 1-13], Hart explicitly contemplates an additional third region having its own differing layer thickness configuration, and outer layer 213 may have a thickness of about 1 millimeter, and thus when a first vertical height is identified as the distance between surface 109 and surface 209, and a second vertical height is identified as the distance between surface 109 and the upper surface of outer layer 213, then the difference between the first and second vertical heights is about 1 millimeter, e.g., 1.004 millimeters; Abstract and paragraphs [0009], [0012]-[0014], [0066], [0073], [0084], [0106], [0109], [0111]-[0115], [0133], [0137], [0138], [0141] and FIGS. 2-5, 7-9, 15, 16, 20 and TABLES 1, 2, 3 of Hart, but see especially paragraphs [0106], [0109], [0138] and TABLES 2, 3 of Hart).
Regarding Claim 12, as best understood [see objection to Claim 12 above], Hart discloses: A structure comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
an optical element disposed on a surface of an article (article 100, 200, 300 having transparent layer 103 may be disposed on another article such as consumer electronics, including mobile phones, tablets, computers, navigation systems, wearable devices, e.g., watches and the like, architectural articles, transportation articles, e.g., automotive, trains, aircraft, sea craft, etc., appliance articles, or any article that requires some transparency, scratch-resistance, abrasion resistance or a combination thereof; paragraph [0142] and FIGS. 1-3 of Hart);
wherein the surface has a base surface and has one or more protrusions having a protrusion surface, or one or more indentations having an indentation surface, or both one or more protrusions and one or more indentations (first major surfaces 209, 211 have different heights [i.e., protrude to a lesser or greater degree] relative to surface 109 of transparent layer 103, and also have different heights relative to an upper surface of outer layer 213 or an upper surface of inner layer 309; FIGS. 2, 3 of Hart);
wherein the optical element includes at least a first section disposed on the base surface, a second section disposed on the protrusion surfaces, or a third section disposed on the indentation surfaces, or disposed on two of each of the base surfaces, the protrusion surfaces, or the indentation surfaces (left-side and right-side sections may be disposed on protruding first major surfaces 209, 211, respectively; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIGS. 2, 5 of Hart);
wherein the first section of the optical element imparts a first structural color to the base surface, the second section of the optical element imparts a second structural color to the protrusion surface, and the third section imparts a third structural color to the indentation surface, and wherein at least a pair of the first structural color, the second structural color, and the third structural color are different when viewed from the same angle of observation by a person having 20/20 visual acuity and normal color vision from a distance of about 1 meter from the article under the same lighting conditions (color difference between the color of the first portion 201 relative to the color of the second portion 203; Abstract and paragraphs [0009], [0012]-[0014], [0066], [0106], [0109], [0111]-[0115], [0133], [0137], [0141] and FIGS. 2-5, 7-9, 15, 16, 20 of Hart);
wherein the optical element includes a first height difference between at least one pair of the base surface, the protrusion surface, or the indention surface (first major surfaces 209, 211 have different heights [i.e., protrude to a lesser or greater degree] relative to surface 109 of transparent layer 103, and also have different heights relative to an upper surface of outer layer 213 or an upper surface of inner layer 309; FIGS. 2, 3 of Hart);
wherein the optical element comprises at least one constituent layer, wherein the number of constituent layer(s) of two or three of the first section, the second section, and the third section are the same (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203, or alternatively, a same number of multiple layers 404 through 414 may be on each of first portion 201 and second portion 203; paragraphs [0071], [0084] and FIGS. 2-9 of Hart, but see especially FIGS. 2, 5 of Hart).
Regarding Claim 18, Hart discloses the limitations of Claim 12 and further discloses: wherein the optical element includes one constituent layer, wherein each of the first section, the second section, and the third section have one constituent layer, and wherein the thickness of the constituent layer of at least two of the first section, the second section, and the third section are different, wherein the material of each of the corresponding constituent layers of the first section, the second section, and the third section consist essentially of the same material (outer layer 213 may be identified as the claimed “constituent layer”, wherein one such layer is shown on each of first portion 201 and second portion 203, and outer layer 213 is described in terms of a unitary layer, rather than made of different materials depending on the region; paragraphs [0071], [0073], [0084] and FIGS. 2-9 of Hart, but see especially FIG. 2 of Hart; the Office notes that the present claim language of Claim 12 does not affirmatively require all three of the “first section”, “second section”, and “third section”).
Allowable Subject Matter
Claims 4 and 13-17 are objected to as being dependent upon rejected base claims, but would be allowable if rewritten to include all of the limitations of their corresponding base claims.
The following is a statement of reasons for the indication of allowable subject matter.
With respect to Claim 4, although the prior art discloses various structures, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising:
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With respect to Claims 13-17, although the prior art discloses various structures, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising:
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OR
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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
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