Prosecution Insights
Last updated: April 18, 2026
Application No. 18/457,615

DECORATIVE ARTICLE HAVING BIO-HYBRID NANO-PARTICLE PHOTONIC CRYSTAL STRUCTURE, AND METHOD OF MANAUFACTURE THEREOF

Non-Final OA §103§112
Filed
Aug 29, 2023
Examiner
MOUDOU, EILEEN QI-YUN
Art Unit
1738
Tech Center
1700 — Chemical & Materials Engineering
Assignee
FCA US LLC
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
22
Total Applications
across all art units

Statute-Specific Performance

§103
51.7%
+11.7% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
36.7%
-3.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103 §112
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, claims 1-15, in the reply filed on 02/26/2026 is acknowledged. Claim s 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention drawn to a decorative article , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/26/2026 . Specification The title of the invention appears to have a typo : “ manaufacture ” which requires correction. 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 appl icant regards as his invention. Claim s 5-7, 12, and 15 are 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. Claim 5 recites inter alia “a negative pattern on the second substrate” for which a definition is not provided in the instant specification. While the phrase “positive pattern” as used in claims 3 and 4 is reasonably known in the art to have a single definition, the phrase “negative pattern” is vague, potentially meaning the use of a positive or negative photoresist, the forming of a positive pattern merely in a pattern inverse to the desired visual product, or other particular definitions. Therefore the scope of claim 5 is indefinite. Claims 6 and 7 depend upon claim 5 and do not rectify the issue, and are therefore similarly rejected. Claim 12 recites the term “ heavy metal ” which is a relative term; “ heavy ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of atomic weight for a metal to be classified as a heavy metal , and therefore one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Since a metal may be considered “more” or “less” heavy depending on context and application, the limitation “ the solution does not contain… heavy metals ” recited is indefinite in scope. Claim 15 recites inter alia “ the molded product .” There is insufficient antecedent basis for this limitation in the claims 1, 2, 13, and 14 upon which the claim depends. This is interpreted to mean “the molded article” as referenced in claim 14. 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 s 1- 3, 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Stellacci et al. 2009, US 20090246285 A1 (of record) , in view of Janjua et al 2023, US 11613472 B2 , and non-patent literature Loaldi et al. 2020, Micromachines 2020, 11, 509, referred to herein as Stellacci , Janjua, and Loaldi , respectively. Regarding claim 1, Stellacci teaches a process for the preparation of monodispersed, organic-monolayer coated, calcium-containing nanoparticles (0004) comprising: Obtaining a bio-waste source of CaCO3 (a biological source of calcium-containing material being egg shell, obtaining calcium carbonate, 0040 ) and calcium oxide ( 0041); Subjecting the CaO to a graining process to form a plurality of nano-sized particles having a particle size up to 20 nm (subjected to an analogous coating process to control the size of nanoparticles within a diameter of 5 nm-10 nm, 0032, 0045, 0077-0080); and Ej ecting a solution containing the plurality of nano-sized particles to a first substrate (0126). Stellacci does not teach decomposing the egg shell to obtain CaO directly. However, Janjua teaches that the calcination of egg shells converts the source into calcium oxide (C16/L44). It would be obvious to one skilled in the art before the effective filing date of the claimed invention to decompose egg shell via calcination as Janjua teaches; one would be motivated to do so in order to obtain CaO as Janjua teaches for the procedure taught by Stellacci , from the egg shell source taught by Stellacci . Stellacci and Janjua do not teach placing the first substrate including the plurality of nano-sized particles into a mold , and injecting a polymeric resin into the mold to form a molded article including a coating layer that includes the plurality of nano-sized particles . However, Loaldi teaches a process chain for the combination of ink dispensing technologies with plastic injection molding (p. 2 pp. 4) comprising: ejecting a solution (Figure 1) containing a plurality of nano-sized particles (silver nanoparticle ink , p. 3 Section 3.2) to a first substrate (coating, Figure 1) ; placing the first substrate including the plurality of nano-sized particles into a mold (Figure 1, “Injection Molding”) ; and injecting a polymeric resin into the mold to form a molded article (Figure 1, Polymer melt) including a coating layer that includes the plurality of nano-sized particles (Figure 1, Ejection) . It would be obvious to one skilled in the art to further modify the invention taught by Stellacci modified by Janjua with the steps taught by Loaldi ; one would be motivated to do so in order to obtain injection-molded plastic parts containing nanoparticle traces with custom surface roughness, as Loaldi teaches (p. 10 pp. 1), with optical properties particular to the nanoparticles taught by Stellacci (the nanoparticles having optical phenomena of photonic crystals, 0146; nanoparticles enhancing color gamut of ink / paint, 0151). The integration of nanoparticle properties into plastic articles would benefit from Loaldi ’s controllable plastic/ink and mold/ink interfacial strengths introduced by this method (p. 2 pp. 2) such thato ne would advantageously arrive at the claimed invention prior to the effective filing date of the claimed invention having appreciated the benefit of the controllable interfacial strengths Regarding claim 2, Stellacci teaches that the particle solution is applied to the substrate and the solvent is left to evaporate spontaneously (0126). It would be obvious to one skilled in the art to allow the solvent to evaporate, as Stellacci teaches, prior to the placing the first substrate including the plurality of nano-sized particles into the mold as Loaldi teaches; one would be motivated to do so in order to pattern the substrate definitively, as Stellacci teaches (0126), for the molding. Regarding claim 3, Stellacci teaches that the particle solution can be applied in a drop/portion onto a substrate (0126); this meets the limitation of depositing the solution in a positive pattern as required by the instant claim. Regarding claim 10 , Loaldi modifying Stellacci teaches a molding melt temperature of 260 degrees C (p. 4 pp. 3); barring evidence of criticality of the range of temperatures between the taught range and the claimed range, this is interpreted to meet the limitation of “about 240 degrees C” required by the instant claim , since the instant specification does not define a range of values regarding the use of the term “about.” The courts have generally held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close ; see MPEP Section 2144.05(I), Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) . Regarding claim 11, Stellacci teaches that the source of calcium can be a sea shell (marine animal shell) or egg shell, 0040. Regarding claim 13, Stellacci teaches verification of nanoparticle structure via transmission electron microscopy (TEM), atomic force microscopy (AFM), and other methods known in the art (0082); Loaldi modifying Stellacci additionally teaches inspection by scanning electron microscopy SEM (p. 5 pp. 1). I t would be obvious to one skilled in the art that these inspection methods are capable of confirming a photonic crystal structure formed by the nanoparticles. Claim s 4 -7, 12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stellacci , Janjua, and Loaldi , as applied to claim 1, and in further view of non-patent literature Kim et al. 2019, ACS Appl. Mater. Interfaces 2019, 11, 14485−14509 , referred to herein as Kim . Regarding claim 4, Stellacci , Loaldi , and Janjua teach the method as applied to claim 1 above. They do not teach ejecting the solution containing the plurality of nano-sized particles to a second substrate; and placing the second substrate including the plurality of nano-sized particles into the mold. However, Kim teaches inkjet printing of colloidal nanoparticle dispersions onto a substrate (p. 14490, Figure 5 a ) using a positive photoresist (Figure 5c; p. 14491 column 1). It would be obvious to one skilled in the art to modify Stellacci modified by Loaldi and Janjua to additionally perform a step of ejecting onto a second substrate, as taught by Kim, and placing the second substrate including the plurality of nanoparticles into the mold; one would be motivated to do so to obtain a micropattern of an opal structure for photonic structures and optical properties, as Kim teaches ( Sections 2.1 , 3.1; p. 14491 column 1). One of ordinary skill in the art would therefore arrive at the claimed invention prior to the effective filing date. Regarding claim 5, Stellacci , Loaldi , Janjua, and Kim teach the method as applied to claim 4 above. Kim additionally teaches a depositing by forming a negative pattern (Figure 5c-e ; alternatively, the inverse opal structure, Figure 6a-c, Figure 7a-d; see paragraph 4 above ). Regarding claim 6, Stellacci , Loaldi , Janjua, and Kim teach the method as applied to claim 4 above. Kim additionally teaches a plurality of layers in the nanoparticles forming a negative pattern (Figure 5c ; alternatively, the inverse opal structure, Figure 6a-c, Figure 7a-d ). Stellacci is silent on how many layers of nanoparticles comprise the positive pattern. However, Kim teaches the same method of inkjet printing in Figure 5 (Figure 5a) and specifies that this method is capable of forming three-dimensional, therefore multiple-layered, crystal structures (Figure 1, Opal structures, Regioselective deposition (inkjet printing)). Therefore it would be obvious to one skilled in the art before the effective filing date of the invention that the formation of both the positive pattern, as taught by Stellacci , and the negative pattern, as taught by Kim, include a plurality of layers of nanoparticles , because Kim teaches that the layer thickness is a parameter that directly affects the color shift of the photonic pattern (p. 14503 column 1, Section 7.4). Regarding claim 7, Stellacci , Loaldi , Janjua, and Kim teach the method as applied to claim 4 above. They do not teach a cumulative thickness of the plurality of layers of the pattern(s) being between 50 and 750 nm. However, Kim teaches that the layer thickness is a parameter that directly affects the color shift of the photonic pattern (p. 14503 column 1, Section 7.4). As the color of the photonic pattern is a variable that can be modified, among others, by adjusting the cumulative size of the layers, with color shift both increasing/decreasing as the lattice is deformed to increase or decrease in thickness, the precise cumulative thickness of the layers of the photonic patterns would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the invention. As such, without showing unexpected results, the claimed range of cumulative thickness of layers cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized, by routine experimentation, the thickness of layers as taught by Kim to obtain the desired balance between the layer height and the color shift as taught by Kim (p. 14503 column 1, Section 7.4) ( In re Boesch , 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. ( In re Aller , 105 USPQ 223). “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller , 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 12, Stella c ci modified by Loaldi and Janjua teach the method as applied to claim 1 above. They do not specifically teach that the solution does not contain a pigment or heavy m etal s : Loaldi teaches an ink containing silver nanoparticles, but the silver nanoparticles themselves are not the basis of the rejection of claim 1 above . However, Kim teaches methods analogous to the method of modified Stellac c i , of forming nanoparticles onto substrates (Figures 1, 5) wherein Kim teaches that the structure of photonic nanocrystals is able to achieve colors and optical and mechanical properties unlike and without pigments (p. 14487 column 1 , Section 2; abstract; introduction; conclusion) , and does not teach the presence of heavy metals (silica (p. 14493) , polystyrene (p. 14492) , PMMA (p. 14493) , azobenzene (p. 14494) are taught) . It would be obvious to one skilled in the art to implement the invention of modified Stellacci without pigments and without heavy metals , thereby arriving at the claimed invention before the effective filing date; one would be motivated to do so in order to decrease the toxicity of the created product, as Kim teaches (“ colors can be purely developed by structures without the use of chemical pigments, low toxicity can be achieved …,” p. 14485 column 1). Regarding claim 14, Stellac c i , Loaldi , and Janjua teach the method as applied to claim 2 above. They do not teach further depositing structural patterns on the molded article. However, Kim teaches inkjet printing of colloidal nanoparticle dispersions onto a substrate (p. 14490, Figure 5a) using a positive photoresist (Figure 5c; p. 14491 column 1). It would be obvious to one skilled in the art to modify Stella c ci modified by Loaldi and Janjua to additionally perform a step of depositing further structural patterns onto a substrate, as taught by Kim, where the substrate is the molded article; one would be motivated to do so to obtain a micropattern of an opal structure for photonic structures and optical properties, as Kim teaches (Sections 2.1, 3.1; p. 14491 column 1). One of ordinary skill in the art would therefore arrive at the claimed invention prior to the effective filing date. Regarding claim 15, Loaldi modifying Stella c ci teaches the first substrate as applied to claim 1 (coating, Figure 1) and further teaches removing the first substrate via polishing from the molded product (p. 5 pp. 1 ; Figure 3a-b ) . Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Stella c ci , Loaldi , and Janjua, as applied to claim 1, and in further view of Maruyama et al. 2004, JP 2004238554 A . A machine English translation of the specification of Maruyama, as provided with this office action, is cited herein. Regarding claim 8 , Stella c ci , Loaldi , and Janjua teach the method as applied to claim 1 above. They do not teach the first substrate being formed of a material including polyetheretherketone (PEEK). However, Maruyama teaches a process of applying an ink to a substrate via an analogous ink printing process (0085) wherein Maruyama teaches PEEK (0090) as a substrate equivalent to the substrate of a crylonitrile butadiene styrene (ABS) taught by Loaldi (p. 3 Section 3.1). It would therefore be obvious to one skilled in the art before the effective filing date of the invention to use a substrate formed of a material including PEEK in the invention of Stellacci , Loaldi , and Janjua; see MPEP Section 2143 for discussions regarding the prima facie obviousness of the combination of elements known in the art to yield predictable results (2143(I)(A)); and the prima facie obviousness of substitution of known elements in the art (2143(I)(B)). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Stellacci , Loaldi , and Janjua, as applied to claim 1, and in further view of Dellock et al. 2018, US 10077012 B2 . Regarding claim 9 , Stellacci , Loaldi , and Janjua teach the method as applied to claim 1 above. They do not teach the polymeric resin includ ing polymethylmethacrylate (PMMA). However, Dellock teaches a thermoplastic polymer being used for an injection molding of an extension dash panel (C3/L51-54), which is analogous to the injection molding taught by Loaldi (plastic injection molding, p. 1 pp. 1), wherein Dellock teaches PMMA as a thermoplastic that is equivalent (C3/L57) to the ABS taught by Loaldi (p. 4 Section 3.3). It would therefore be obvious to one skilled in the art before the effective filing date of the invention to use a thermoplastic polymeric resin formed of a material including PMMA in the invention of Stellacci , Loaldi , and Janjua; see MPEP Section 2143 for discussions regarding the prima facie obviousness of the combination of elements known in the art to yield predictable results (2143(I)(A)); and the prima facie obviousness of substitution of known elements in the art (2143(I)(B)). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jiang et al. 2006 ( APPLIED PHYSICS LETTERS 89, 011908 ; 2006 ) teach a spin-coating technique for the production of monolayer ncp colloidal crystals with photopolymerization on APTCS-primed silicon wafer substrates and/or McCoy et al. 2017 (US 2017/0276844 A1) teach a method of making an exposed lens retroreflective article via two-layer dielectric mirrors (photonic crystals) wherein the refractive index of the cumulative stack is tuned via the number of the layers (0051-0054), formed via layer-by-layer ( LbL ) self-assembly onto a carrier layer such as a thermoplastic carrier layer . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Eileen Moudou whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1768 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-Th 8 AM - 5 PM EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Sally Merkling can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-6297 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Eileen Moudou / Examiner, Art Unit 1738 /ALEXANDRA M MOORE/ Primary Examiner, Art Unit 1738
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Prosecution Timeline

Aug 29, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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