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 .
Priority
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.
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 1-6 and 8-19 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Nashner (US 2019/0299336).
With respect to the limitations of claim 1, Nashner teaches a laser coloring method (title, abstract), comprising: providing a processing workpiece (Fig 1A, housing 110, surface 102, 0051), the processing workpiece includes a processing part, the processing part includes a pattern region (Figs 1A, 1B, marking 120, 0051), the processing part within the pattern region includes an inner portion and an outer layer (Figs 2A, 2B, metallic substrate 260, metal oxide layer 240, 0067), and the outer layer includes a metal material (metal oxide layer 240); and irradiating, by performing a laser coloring system, the outer layer of the pattern region in stages to convert the outer layer of the pattern into a metal color pattern layer, the metal color pattern layer includes the metal material or a metal compound included with the metal material (0017, the method comprises forming an image in the oxide layer by: ablating a first section of the oxide layer to define a first pixel having a first thickness and a first color using a third laser-based process; ablating a second section of the oxide layer to define a second pixel having a second thickness and a second color using a fourth laser-based process; and ablating a third section of the oxide layer to define a third pixel having a third thickness and a third color using a fifth laser-based process), the metal color pattern (0058, pixel having a metallic color may have a metallic luster) layer includes a plurality of pixel units arranged in arrays, each of the pixel units includes a pixel color (first, second, third pixel, 0017, 0055, 0056), and each of the pixel units has a pixel width or a pixel length between 1 µm to 500 µm (0047, the size of the pixels is from about 10 μm to about 50 μm).
With respect to the limitations of claims 2, 3, 4, 5, 6, 8 and 9, Nashner teaches the processing part includes a metal plate (0005, metal oxide layer, on a metallic portion of the electronic device housing);
further comprising: loading a first set of laser irradiating program or parameter (0017, the method further comprises thermally growing an oxide layer comprising a metal oxide along a surface of the recess, the oxide layer grown using a second laser-based process) to let the metal color pattern layer form a metal nanostructure (0071, the thickness of the oxide layer (such as the thickness of first, second, and third portions 242, 244 and 246 of metal oxide layer 240) may be from 50 nm to 500 nm) that reflects ambient light to produce plasmon color before irradiating the outer layer of the pattern region in stages by performing a laser coloring system.
before irradiating the outer layer of the pattern region in stages performing the laser coloring system, the laser coloring method further comprising: forming a laser-induced periodical microstructure on the metal color pattern layer and reflect ambient light to produce plasmon color, by loading a second laser irradiating program or parameter (0017, the method further comprises thermally growing an oxide layer comprising a metal oxide along a surface of the recess, the oxide layer grown using a second laser-based process);
irradiating the outer layer of the pattern region in stages before performing the laser coloring system, the laser coloring method further comprising: forming a metal compound film on the metal color pattern layer and reflect ambient light to produce film interference color, by loading a third laser irradiating program or parameter (0017, the method further comprises thermally growing an oxide layer comprising a metal oxide along a surface of the recess, the oxide layer grown using a second laser-based process);
the metal alloy film has a thickness between 1 nm to 1000 nm (0071, the thickness of the oxide layer (such as the thickness of first, second, and third portions 242, 244 and 246 of metal oxide layer 240) may be from 50 nm to 500 nm);
each of the pixel units includes at least two subpixels, the laser coloring system is performed to irradiate a surface of each of the subpixels of the pixel units (0017), the surface of each of the subpixels is converted into the metal color pattern layer, and the metal color pattern layer of each of the subpixels includes a subpixel color (Figs 2A, 2B, first, second, third pixel 232, 234, 236, 0066, 0067);
each of the pixel units includes at least three subpixels, the laser coloring system is performed to irradiate a surface of each of the subpixels of the pixel units (0017), the surface of each of the subpixels is converted into the metal color pattern layer, and the metal color pattern layer of each of the subpixels includes a subpixel color (Figs 2A, 2B, first, second, third pixel 232, 234, 236, 0066, 0067).
With respect to claim 10, Nasher teaches a laser colored product, comprising: a processing part (Fig 1A, housing 110, surface 102, 0051) comprising an inner portion (Figs 2A, 2B, metallic substrate 260, 0067) and a pattern portion (Figs 1A, 1B, marking 120, 0051) and a metal color pattern layer (metal oxide layer 240, 0067), disposed on the inner portion of the pattern portion, the metal color pattern (0058, pixel having a metallic color may have a metallic luster) layer includes a metal material or a metal compound (metal oxide layer 240) included with the metal material, the metal color pattern layer includes a plurality of pixel units arranged in arrays (first, second, third pixel, 0017, 0055, 0056), each of the pixel units includes a pixel color (0017, the method comprises forming an image in the oxide layer by: ablating a first section of the oxide layer to define a first pixel having a first thickness and a first color using a third laser-based process; ablating a second section of the oxide layer to define a second pixel having a second thickness and a second color using a fourth laser-based process; and ablating a third section of the oxide layer to define a third pixel having a third thickness and a third color using a fifth laser-based process), each of the pixel units has a pixel width or a pixel length between 1 µm to 500 µm (0047, the size of the pixels is from about 10 μm to about 50 μm).
With respect to the limitations of claims 11, 12, 13, 14, 15, 16, 17, 18 and 19, Nashner teaches the processing part includes a metal plate (0005, metal oxide layer, on a metallic portion of the electronic device housing);
a thickness of the metal color pattern layer ranges between 1 um to 1000 um (0117, thickness from about 10 μm to about 50 μm);
the metal color pattern layer includes a metal nanostructure (0071, the thickness of the oxide layer (such as the thickness of first, second, and third portions 242, 244 and 246 of metal oxide layer 240) may be from 50 nm to 500 nm) reflecting ambient light to produce plasmon color.
the metal color pattern layer includes a laser-induced periodical microstructure reflecting ambient light to produce plasmon color (Figs 2A, 2B, first, second, third pixel 232, 234, 236, 0066, 0067);
the metal color pattern layer includes a metal compound film (metal oxide layer 240) reflecting ambient light to produce film interference color (Figs 2A, 2B, first, second, third pixel 232, 234, 236, 0066, 0067);
the metal compound of the metal material includes metal oxynitride, metal oxide (metal oxide layer 240) or metal nitride;
a thickness of the metal compound ranges between 1 nm and 1000 nm (0071, the thickness of the oxide layer (such as the thickness of first, second, and third portions 242, 244 and 246 of metal oxide layer 240) may be from 50 nm to 500 nm) reflecting ambient light to produce plasmon color;
the processing part further includes a nonpattern region relative to the pattern region, and the nonpattern region of the processing part further includes an outer layer (Fig 1A, nonpattern region outside of marking 120, 0053).
each of the pixel units includes at least two subpixels, and each of the subpixels includes a subpixel color (first, second, third pixel, 0017, 0055, 0056).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Nashner (US 2019/0299336) as applied to claims 1 and 5, further in view of Herzberg (US 12,372,116).
With respect to the limitations of claim 7, Nashner discloses growing an oxide laser by a laser-based process (0017, the method further comprises thermally growing an oxide layer comprising a metal oxide along a surface of the recess, the oxide layer grown using a second laser-based process). Nashner discloses the claimed invention except for irradiating by performing the laser processing under the ambient atmosphere, oxygen atmosphere or nitrogen atmosphere, and converting the metal material into the metal alloy, the metal alloy includes metal oxynitride, metal oxide or metal nitride.
However, Herzberg discloses irradiating by performing the laser processing under the ambient atmosphere, oxygen atmosphere (Fig 1, object 12, while being struck, impinged, or contacted by the laser beam 18, should be in the presence of oxygen. The concentration levels of oxygen in a normal atmosphere are sufficient, Col 4, Lines 10-20) or nitrogen atmosphere, and converting the metal material into the metal alloy, the metal alloy includes metal oxynitride, metal oxide (Fig 2, oxide area 24, as a result of the laser beam 18 heating the surface of the object 12, oxide grows in the struck, impinged, or contacted areas—creating at least one oxide area 24, Col 4, Lines 24-27) or metal nitride is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser oxide growing process of Nashner silent to an oxygen atmosphere with the irradiating by performing the laser processing under the ambient atmosphere, oxygen atmosphere or nitrogen atmosphere, and converting the metal material into the metal alloy, the metal alloy includes metal oxynitride, metal oxide or metal nitride of Herzberg for the purpose of laser processing a in a known atmosphere that promotes an oxide formation.
Claims 20 and 29 are rejected under 35 U.S.C. 103 as being obvious over Nashner (US 2019/0299336) in view of Clarke (US 2015/0367443).
With respect to the limitations of claim 20, Nashner teaches a laser coloring system (title, abstract), comprising: a laser source irradiating a laser beam (0048, a laser is used to selectively ablate an oxide layer to produce pixels having different oxide layer thicknesses); irradiating the laser beam to an outer layer (Figs 2A, 2B, metal oxide layer 240, 0067) of a processing workpiece within a pattern region (Figs 1A, 1B, marking 120, 0051), irradiating the outer layer of the pattern region in stages to convert the outer layer into a metal color pattern layer (0017, the method comprises forming an image in the oxide layer by: ablating a first section of the oxide layer to define a first pixel having a first thickness and a first color using a third laser-based process; ablating a second section of the oxide layer to define a second pixel having a second thickness and a second color using a fourth laser-based process; and ablating a third section of the oxide layer to define a third pixel having a third thickness and a third color using a fifth laser-based process), the metal color pattern (0058, pixel having a metallic color may have a metallic luster) layer includes a metal material or a metal compound (metal oxide layer 240) included with the metal material, the metal color pattern layer includes a plurality of pixel units arranged in arrays (first, second, third pixel, 0017, 0055, 0056), each of the pixel units includes a pixel color (0017), each of the pixel units has a pixel width or a pixel length between 1 µm to 500 µm (0047, the size of the pixels is from about 10 μm to about 50 μm). Nashner discloses the claimed invention except for a scanning system receiving the laser beam and irradiating the laser beam; and a control system electrically connecting to the laser source and the scanning system to control the laser source and the scanning system.
However, Clarke discloses a scanning system receiving the laser beam and irradiating the laser beam (Fig 2B, laser mechanism 260, scan 261, 0044, 0050, scanning motion of the servo-controlled galvanometer minors); and a control system (computer controller 290, 0050) electrically connecting to the laser source and the scanning system to control the laser source and the scanning system (0050) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser coloring system of Nashner having laser source and laser beam silent to scanning and control system with the scanning system receiving the laser beam and irradiating the laser beam; and a control system electrically connecting to the laser source and the scanning system to control the laser source and the scanning system of Clarke for the purpose of providing a known scanning and control means that controls and coordinates the scanning motion of the laser system (0050).
With respect to the limitations of claim 29, Nashner teaches further comprising a processing groove and a solution, the processing workpiece is disposed in the processing groove, and the solution surrounds or covers the processing workpiece (Fig 4C, recess 482, metal oxide layer 440, 0081).
Claims 21-26 are rejected under 35 U.S.C. 103 as being obvious over Nashner (US 2019/0299336) in view of Clarke (US 2015/0367443) as applied to claim 20, further in view of Petsch (US 2010/0141729).
With respect to the limitations of claims 21, 22, 23, 24, 25 and 26, Nashner in view of Clarke discloses the claimed invention except for further comprising a shutter disposed between the laser source and the scanning system, wherein the shutter receives the laser beam and controls time for passing through the shutter of the laser beam;
further comprising a visible light decaying element disposed between the shutter and the scanning system, the visible light decaying element receives the laser beam and modifies power of the laser beam;
further comprising a laser beam expander disposed between the shutter and the scanning system, the beam expander receives the laser beam and modifies a diameter of a laser speckle of the laser beam;
further comprising a diffraction optical element disposed between the shutter and the scanning system, the diffraction optical element receives the laser beam and modifies a pattern of a laser speckle of the laser beam;
the scanning system comprises a first laser scanning mirror, a second laser scanning mirror and a F-theta lens, the first laser scanning mirror and the second laser scanning mirror control irradiating position of the laser beam on the outer surface, and the F-theta lens focuses the laser beam on the outer layer of the processing workpiece;
further comprising a multi- axis processing platform, and the processing workpiece is disposed on the multi-axis processing platform.
However, Petsch discloses further comprising a shutter (Fig 1, shutter 122, 0064) disposed between the laser source (laser radiation source 120, 0062) and the scanning system (galvanometer scanner 126, 0064), the shutter receives the laser beam and controls time (0071, the shutter 122 are driven in order to provide as time elapses the laser intensity required to generate the mark) for passing through the shutter of the laser beam;
further comprising a visible light decaying element (Fig 1, attenuator 123, 0070) disposed between the shutter (122) and the scanning system (126), the visible light decaying element receives the laser beam and modifies power of the laser beam;
further comprising a laser beam expander (beam expander 121, 0064) disposed between the shutter (122) and the scanning system (126), the beam expander receives the laser beam and modifies a diameter of a laser speckle of the laser beam;
further comprising a diffraction optical element (mask 124, claim 18, 22, diffractive optical element) disposed between the shutter (122) and the scanning system (126), the diffraction optical element receives the laser beam and modifies a pattern of a laser speckle of the laser beam;
the scanning system comprises a first laser scanning mirror, a second laser scanning mirror (Fig 1, galvanometer scanner 126, 0064) and a F-theta lens (0072, 0089, f-theta objective), the first laser scanning mirror and the second laser scanning mirror control irradiating position of the laser beam on the outer surface, and the F-theta lens focuses the laser beam on the outer layer of the processing workpiece (0089);
further comprising a multi- axis processing platform, and the processing workpiece is disposed on the multi-axis processing platform (Fig 1, lifting table 102, 0089, 0091, movement system that can be moved in x-, y- and z-directions) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser color system of Nashner in view of Clarke silent to the recited shutter, visible light decaying element, beam expander, diffraction optical element, F-theta lens and multi- axis processing platform of Petsch for the purpose of providing known laser system elements that controls a laser beam to allow for desired marking properties to perform efficient laser marking.
Nashner in view of Clarke and Petsch discloses the claimed invention except for the laser beam expander disposed between the shutter and the scanning system. However, It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the laser beam expander disposed between the shutter and the scanning system, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable component location involves only routine skill in the art (see MPEP 2144.04).
Claims 27 and 28 are rejected under 35 U.S.C. 103 as being obvious over Nashner (US 2019/0299336) in view of Clarke (US 2015/0367443) as applied to claim 20, further in view of Wootton (US 2011/0241549).
With respect to the limitations of claims 27 and 28, Nashner in view of Clarke discloses the claimed invention except for further comprising a heat dissipating platform and a thermo-electric cooling chip, the processing workpiece is disposed on the heat dissipating platform, and the thermo-electric cooling chip is attached under the heat dissipating platform; further comprising a heat dissipating platform and a heat dissipating fin, the processing workpiece is disposed on the heat dissipating platform, and the heat dissipating fin is attached under the heat dissipating platform.
However, Wootton discloses further comprising a heat dissipating platform (Fig 13C, top plate 214, 0240) and a thermo-electric cooling chip (thermos-electric cooler 221, 0240), the processing workpiece (SSE 174, 0239) is disposed on the heat dissipating platform, and the thermo-electric cooling chip (221) is attached under the heat dissipating platform (214); further comprising a heat dissipating platform (Fig 13B, top plate 214, 0237) and a heat dissipating fin (heat sink 222, 0237), the processing workpiece (SSE 174) is disposed on the heat dissipating platform (214), and the heat dissipating fin (222) is attached under the heat dissipating platform is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the laser color system of Nashner in view of Clarke silent to the recited heat dissipating platform with the further comprising a heat dissipating platform and a thermo-electric cooling chip, the processing workpiece is disposed on the heat dissipating platform, and the thermo-electric cooling chip is attached under the heat dissipating platform; further comprising a heat dissipating platform and a heat dissipating fin, the processing workpiece is disposed on the heat dissipating platform, and the heat dissipating fin is attached under the heat dissipating platform of Wootton for the purpose of providing a known cooling configuration that quickly dissipates heat from the workpiece (0237, 0239).
Conclusion
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/24/2026
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