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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 29, 2024 has been considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-3, 5, 7, 9-18 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blair et al (U.S. Patent Publication 2017/0336545).
With regard to independent claim 1, Blair et al teaches a wearable device (page 4, paragraph [0062]), comprising: one or more windows positioned to allow light from a light source to propagate toward a position of a wearer's eyes (inherent feature of spectacles, goggles and clip-ons, page 4, paragraph [0062]); and a spectral filter that comprises a coating positioned on one or more sections of the one or more windows (Figure 6), wherein the spectral filter includes a multi-layer stack of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection (Figure 6, alternating layers of elements 604 and 606 and page 6, paragraph [0073]), and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection (page 6, paragraph [0073]), wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra while allowing spectral content outside of the circadian-active spectra to pass through the spectral filter (page 1, paragraph [0002] and page 2, paragraphs [0008] and [0009]), wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least ± 5 nm, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, wherein the spectral filter is configured to block 98-100% of the spectral content the blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions (see annotated Figure 14 below), and wherein the spectral filter further includes an additional layer to effectuate a particular color (page 2, paragraph [0016] and page 6, paragraph [0073]).
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With regard to dependent claim 2, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the additional layer comprises an absorbing material with a specific absorption spectrum that in combination with the designed transmission and blocking characteristics of the spectral filter produce tristimulus values that correspond to the particular color (page 2, paragraph [0016] and page 16, paragraphs [0165] and [0167]).
With regard to dependent claim 3, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 2, and further teaches such a wearable device wherein the tristimulus values correspond to the color pink (page 5, paragraph [0069], providing a rose colored appearance).
With regard to dependent claim 5, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 5 nm tolerance (see annotated Figure 14 above).
With regard to dependent claim 7, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance (see annotated Figure 14 above).
With regard to dependent claim 9, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the additional layer is positioned on a first side of a substrate that is opposite to a second side of the substrate where the multi-layer stack is positioned (page 6, paragraph [0073], lines 13-16).
With regard to dependent claim 10, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the additional layer is positioned on a first side of a substrate below or above the multi-layer stack (page 6, paragraph [0073], lines 13-16).
With regard to dependent claim 11, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the one or more windows include two lenses, and the spectral filter is formed as the coating on each of the lenses (page 12, paragraph [0128], lines 8-12).
With regard to dependent claim 12, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the wearable device id a pair of goggles (page 4, paragraph [0062], lines 4-5), the one or more windows form a unitary window, and the spectral filter is formed as the coating on the unitary window (page 12, paragraph [0128], lines 8-12).
With regard to dependent claim 13, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the wearable device id a pair of goggles (page 4, paragraph [0062], lines 4-5), the one or more windows form a unitary window, and the spectral filter is formed as the coating on the two or more sections of the unitary window (page 12, paragraph [0128], lines 8-12).
With regard to dependent claim 14, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the one or more windows are made of glass or plastic (page 4, paragraph [0062], lines 9-12).
With regard to dependent claim 15, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such a wearable device wherein the spectral filter is removably attached to the one or more windows (page 4, paragraph [0062], lines 4-5, wherein a clip-on is inherently removable).
With regard to independent claim 16, Blair et al teaches a spectral filter for use in an eyewear (page 4, paragraph [0062]), for restoring circadian rhythm (page 1, paragraph [0002] and page 2, paragraphs [0008] and [0009]), comprising: a multi-layer stack coating on a substrate (Figure 6, elements 602 and 604 positioned on substrate 602), the multi-layer stack including a plurality of layers of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection (Figure 6, alternating layers of elements 604 and 606 and page 6, paragraph [0073]), and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection (page 6, paragraph [0073]), wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra while allowing spectral content outside of the circadian-active spectra to pass through the spectral filter (page 1, paragraph [0002] and page 2, paragraphs [0008] and [0009]), wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least ± 5 nm, and two contiguous transmission regions, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, wherein the spectral filter is configured to block 98-100% of the spectral content the blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions (see annotated Figure 14 above), and wherein the spectral filter further includes an additional layer to effectuate a particular color (page 2, paragraph [0016] and page 6, paragraph [0073]).
With regard to dependent claim 17, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 16, and further teaches such a spectral filter wherein the additional layer comprises an absorbing material with a specific absorption spectrum that in combination with the designed transmission and blocking characteristics of the spectral filter produce tristimulus values that correspond to the particular color (page 2, paragraph [0016] and page 16, paragraphs [0165] and [0167]).
With regard to dependent claim 18, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to dependent claim 17, and further teaches such a spectral filter wherein the tristimulus values correspond to the color pink (page 5, paragraph [0069], providing a rose colored appearance).
With regard to dependent claim 22, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 16, and further teaches such a spectral filter wherein the additional layer is positioned on a first side of a substrate that is opposite to a second side of the substrate where the multi-layer stack is positioned (page 6, paragraph [0073], lines 13-16).
With regard to dependent claim 23, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 16, and further teaches such a spectral filter wherein the additional layer is positioned on a first side of a substrate below or above the multi-layer stack (page 6, paragraph [0073], lines 13-16).
With regard to dependent claim 24, Blair et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 16, and further teaches such a spectral filter configured to receive input illumination from one or more light sources including an atmospheric light source, a light emitting diode (LED), a halogen lamp, or a fluorescent lamp. (page 16, paragraph [0163], lines 18-21).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 5-8, 11-16, 20, 21 and 24 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 16-19 of copending Application Number 18/292,183 in view of Blair et al (U.S. Patent Publication 20017/0336545). Although U.S. Patent Application Number 18/292,268 and U.S. Patent Application Number 18/292,183 both claim a wearable device (claim 1) and spectral filter (claim 16) as outlined below:
U.S. Patent Application Number 18/292,268
U.S. Patent Application Number 18/292,183
Claim 1
A wearable device, comprising: one or more windows positioned to allow light from a light source to propagate toward a position of a wearer's eyes; and a spectral filter that comprises a coating positioned on one or more sections of the one or more windows, wherein the spectral filter includes a multi-layer stack of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra while allowing spectral content outside of the circadian-active spectra to pass through the spectral filter, wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least ± 5 nm, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, wherein the spectral filter is configured to block 98-100% of the spectral content the blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions, and wherein the spectral filter further includes an additional layer to effectuate a particular color.
Claim 1
A wearable device, comprising: one or more windows positioned to allow light from a light source to propagate toward a position of a wearer's eyes; and a spectral filter that comprises a coating positioned on one or more sections of the one or more windows, wherein the spectral filter includes a multi-layer stack of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra while allowing spectral content outside of the circadian-active spectra to pass through the spectral filter, wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths with a tolerance to within at least ± 5 nm, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, and wherein the spectral filter is configured to block 98-100% of the spectral content in the contiguous blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions.
Claim 5
The wearable device of claim 1, wherein the blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 5 nm tolerance.
Claim 2
The wearable device of claim 1, wherein the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ±5 nm tolerance.
Claim 6
The wearable device of claim 5, wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers.
Claim 3
The wearable device of claim 2, wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers.
Claim 7
The wearable device of claim 1, wherein the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance.
Claim 4
The wearable device of claim 1, wherein the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance.
Claim 8
The wearable device of claim 7, wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers.
Claim 5
The wearable device of claim 4, wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers.
Claim 11
The wearable device of claim 1, wherein the one or more windows include two lenses, and the spectral filter is formed as the coating on each of the lenses.
Claim 6
The wearable device of claim 1, wherein the one or more windows include two lenses, and the spectral filter is formed as the coating on each of the lenses.
Claim 12
The wearable device of claim 1, wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating the unitary window.
Claim 7
The wearable device of claim 1, wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating the unitary window.
Claim 13
The wearable device of claim 1, wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating on the two or more sections of the unitary window.
Claim 8
The wearable device of claim 1, wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating on the two or more sections of the unitary window.
Claim 14
The wearable device of claim 1, wherein the one or more windows are made of glass or plastic.
Claim 9
The wearable device of claim 1, wherein the one or more windows are made of glass or plastic.
Claim 15
The wearable device of claim 1, wherein the spectral filter is removably attached to the one or more windows.
Claim 10
The wearable device of claim 1, wherein the spectral filter is removably attached to the one or more windows.
Claim 16
A spectral filter for use in an eyewear for restoring circadian rhythm, comprising: a multi-layer stack coating on a substrates, the multi-layer stack including a plurality of layers of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra to be transmitted through the spectral filter, wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least ± 5 nm, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, wherein the spectral filter is configured to block 98-100% of the spectral content the contiguous blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions, and wherein the spectral filter includes an additional layer to effectuate a particular color.
Claim 16
A spectral filter for use in an eyewear for restoring circadian rhythm, comprising: a multi-layer stack coating on a substrate, the multi-layer stack including a plurality of layers of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, and a layer having a high index of refraction is positioned above or below a layer having a low index of reflection, wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra to be transmitted through the spectral filter, wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least ± 5, and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm and a second one of the contiguous transmission regions extending above 495 nm, and wherein the spectral filter is configured to block 98-100% of the spectral content in the contiguous blocking region, and transmit 80%-100% of the spectral content in the contiguous transmission regions.
Claim 20
The spectral filter of claim 16, wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ±5 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers.
Claim 17
The spectral filter of claim 16, wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ±5 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers.
Claim 21
The spectral filter of claim 16, wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers.
Claim 18
The spectral filter of claim 16, wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers.
Claim 24
The spectral filter of claim 16, configured to receive input illumination from one or more light sources including an atmospheric light source, a light emitting diode (LED), a halogen lamp, or a fluorescent lamp.
Claim 19
The spectral filter of claim 16, configured to receive input illumination from one or more light sources including an atmospheric light source, a light emitting diode (LED), a halogen lamp, or a fluorescent lamp.
U.S. Patent Application Number 18/292,183 fails to teach such a wearable device or spectral filter wherein the spectral filter further includes an additional layer to effectuate a particular color. In a related endeavor, Blair et al teaches a wearable device (page 4, paragraph [0062]), comprising: a spectral filter that includes a multi-layer stack of dielectric material with alternate high and low indices of refraction (Figure 6, alternating layers of elements 604 and 606 and page 6, paragraph [0073]), further including an additional layer to effectuate a particular color (page 2, paragraph [0016] and page 6, paragraph [0073]), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the wearable device and spectral filter, as claimed by U.S. Patent Application Number 18/292,138, with the additional layer to effectuate a color, as taught by Blair et al, to reduce any undesirable reflection of light (page 7, paragraph [0085], lines 13-15).
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 4 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6, 8, 20 and 21 would be allowable if rewritten to overcome the rejections on the ground of nonstatutory double patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper.
With regard to dependent claims 4, 6 and 8, although the prior art teaches a wearable device as outlined above with respect to dependent claims 3, 5 and 7, respectively, the prior art fails to teach such a wearable device: wherein additional layer includes an inorganic pink pigment or sodium aluminum sulfosilicate with chemical formula Nas- x[(AI,Si)12]024(Sy)2 in a polymer matrix, as claimed in dependent claim 4; wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers, as claimed in dependent claim 6; or wherein each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers, as claimed in dependent claim 8.
With regard to dependent claims 19, 20 and 21, although the prior art teaches a spectral filter as outlined above with respect to dependent claim 18 and independent claim 16, respectively, the prior art fails to teach such a spectral filter: wherein additional layer includes an inorganic pink pigment or sodium aluminum sulfosilicate with chemical formula Nas- x[(AI,Si)12]024(Sy)2 in a polymer matrix, as claimed in dependent claim 19; wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 5 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 81 layers, as claimed in dependent claim 20; or wherein: the contiguous blocking region extends from 455 nm to 495 nm, the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a ± 2 nm tolerance, and each layer with the high index of refraction includes titanium dioxide (TiO2) and has a 2.35 index of refraction, each layer with the low index of refraction includes silicon dioxide (SiO2) and has a 1.45 index of refraction, and the multi-layer stack includes 121 layers, as claimed in dependent claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johnson, Jr. (U.S. Patent Number 5,646,781), Wu et al (U.S. Patent Number 11,809,025), Schmeder (U.S. Patent Number 11,940,675), Marck et al (U.S. Patent Number 12,019,316), Saylor et al (U.S. Patent Number 12,085,788), Sheehan et al (U.S. Patent Number 12,474,600), Weber et al (U.S. Patent Publication 2015/0146166) and Barrau et al (U.S. Patent Publication 2018/0239170) all teach spectral filters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
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/DARRYL J COLLINS/Primary Examiner, Art Unit 2872
22 December 2025