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
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/8/2026.
Applicant's election with traverse of group I, claims 1-11 in the reply filed on 12/8/2026 is acknowledged. The traversal is on the ground(s) that Sugimoto (US 201502338535) does not discloses the metallic particles 30 and the metallic layer 10 are on the opposite surfaces of the substrate because layer 20 of Sugimoto does not have a structure or layer on both surfaces. This is not found persuasive because Sugimoto discloses the metallic particles 30 and the metallic layer 10 are disposed on the opposite surfaces of the substrate 20 (see fig. 1).
The requirement is still deemed proper and is therefore made FINAL.
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 6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “an emissivity substantially close to 1” in claim 6 is a relative term which renders the claim indefinite. The term “an emissivity substantially close to 1” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear how close to 1 would the emissivity has to be in the claimed range of substantially close to 1.
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)(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.
Claim(s) 1-2, 4, 7 and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sugimoto (US 20150233835).
Regarding claim 1, Sugimoto discloses a heating structure (see figs. 1, 3-4), comprising: a substrate (20) comprising a first surface (top of 20 by reference sign 30) and a second surface opposite to the first surface (bottom of 20 by reference sign 10); a surface plasmon resonance (SPR) [0085] structure (30) positioned on the first surface; and a reflective layer (10) positioned on the second surface.
Regarding claim 2, Sugimoto discloses the reflective layer is formed of a metal material [0058].
Regarding claim 4, Sugimoto discloses the reflective layer at least partially contacts the second surface (see figs 3-4).
Regarding claim 7, Sugimoto discloses the SPR structure comprises a first metal prism to at least partially form a void area on the first surface (see void area between reference signs 30, figs. 1-4).
Regarding claim 9, Sugimoto discloses the first metal prism defines the entire perimeter of the void area [see figs. 1-2).
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, 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.
Claim(s) 3, 5, 8 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto (US 20150233835).
Regarding claim 3, Sugimoto discloses the reflective layer has a thickness ranging from 10nm to 1 mm [0061] overlapping with the claimed range of greater than 0 nm and less than or equal to about 15 nm. In case of overlapping ranges, it would have been obvious to one of ordinary skill in the art to pick the claimed range.
Regarding claim 5, Sugimoto discloses a layer (1, figs. 3-4) positioned on the reflective layer. This layer can be made of resin [0058] that meets the claimed of being an absorbing layer.
Regarding claim 8, Sugimoto discloses adjusting the values of pitch P1 and P2 for the hot spot density [0110-0111]; therefore it would have been obvious to one of ordinary skill to make the SPR structure further comprises a second metal prism to form the void area on the first surface together with the first metal prism, wherein the first metal prism and the second metal prism are offset from each other along a perimeter of the void area for a desired pitch variation (including offset).
Regarding claim 10, Sugimoto discloses the void area has a diameter overlapping with the claimed range from about 300 nm to about 600 nm [0020-0021].
Regarding claim 11, Sugimoto discloses the SPR structure is configured to resonate with light having a wavelength overlapping with the claimed range from about 380 nm to about 780 nm [0111]. In case of overlapping ranges, it would have been obvious to one of ordinary skill in the art to pick the claimed range.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto (US 20150233835) in view of Chang et al. (KR 20180044912).
Regarding claim 6, Sugimoto does not expressly discloses the absorbing layer has an emissivity substantially close to 1. Chang discloses that it’s desired to use a black body (emissivity close to 1) for absorbing, emitting and reflecting radiation from a radiation source (claim 28). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to make the layer of Sugimoto with an absorbing layer with emissivity substantially close to 1 as taught by Chang,
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747
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