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 .
Response to Amendment
The cancellation of Claims 1-66 in the preliminary amendment filed 11/15/2023 are acknowledged and accepted.
The addition of Claims 67-86 in the preliminary amendment filed 11/15/2023 are acknowledged and accepted.
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. 119 (e) and 120.
Drawings
The originally filed drawings were received on 11/13/2023. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 69, 79 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.
Claims 67 and 77 each recite the limitation of ‘material with an electronic band gap that is at least 6.0 eV and an index of refraction that is at least 1.8.’. However, each of Claims 69 and 79 recite various materials, including specifically diamond, magnesium oxide, yttrium oxide, and scandium oxide. None of these specific materials actually meets the limitation recited in Claims 67 and 77 of ‘material with an electronic band gap that is at least 6.0 eV and an index of refraction that is at least 1.8.’. Thus, it is not clear how these specific materials actually further limit the limitations already recited in Claims 67 and 77.
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.
(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) 67-75, 77-85, as best understood, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bellman et al. (EP 2994784 B1), of record.
Bellman et al. discloses an apparatus (See for example Abstract; Figures 5-6), comprising a substrate (See for example 110 in Figures 5-6); and a plurality of layers (See for example 130 in Figures 5-6) on said substrate, wherein at least one layer of said layers comprises material with an electronic band gap that is at least 6.0 eV and an index of refraction that is at least 1.8 (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130). Bellman et al. further discloses at least one layer of said layers comprises a dielectric material (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061), wherein each layer of said plurality of layers comprises either a high refractive index dielectric material or a low refractive index dielectric material, wherein said high refractive index dielectric material and said low refractive index dielectric material comprise a difference in refractive index greater than 0.1, wherein said plurality of layers comprises a top layer and a bottom layer, wherein said bottom layer is affixed to said substrate (See for example 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061); said material is selected from the group consisting of aluminum nitride (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130) and boron nitride; said apparatus comprises a multi-layer dielectric stack (See for example 130 in Figures 5-6); said apparatus is selected from the group comprising a highly reflecting laser mirror, a partially transmissive output coupler, a dichroic mirror, an optical filter (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076), a beam splitter, a heat reflector, a solar cell cover, a thin-film polarizer, a Bragg mirror and a Rugate filter; at least one layer of said plurality of layers comprises an anti-reflection coating (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076); said dielectric stack comprises dielectric material transparent to a wavelength of interest (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130); said dielectric stack comprises alternating layers of oxide materials that are designed to serve as a coating of any reflectance for a wavelength of interest (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076); a relatively thick layer (See for example 140 in Figures 5-6; Paragraphs 0066-0069, citing the use of material such as AIN and diamond in element 140) of high bandgap material adherent to an outer layer of said plurality of layers, wherein said high bandgap material has a band gap that is at least 5.0 eV; and said high bandgap material comprises an index of refraction that is at least 1.4, wherein said relatively thick layer has a thickness of at least 1.5-3 microns (See for example 140 in Figures 5-6; Paragraphs 0066-0069, citing the use of material such as AIN and diamond of thickness 1.5-3 microns in element 140).
Bellman et al. additionally discloses a method (See for example Abstract; Figures 5-6) for fabricating an apparatus, the method comprising providing a substrate (See for example 110 in Figures 5-6); forming a plurality of layers (See for example 130 in Figures 5-6) on said substrate, wherein at least one layer of said layers comprises material with an electronic band gap that is at least 6.0 eV and an index of refraction that is at least 1.8 (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130). Bellman et al. further discloses at least one layer of said layers comprises a dielectric material (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061), wherein each layer of said plurality of layers comprises either a high refractive index dielectric material or a low refractive index dielectric material, wherein said high refractive index dielectric material and said low refractive index dielectric material comprise a difference in refractive index greater than 0.1, wherein said plurality of layers comprises a top layer and a bottom layer, wherein said bottom layer is affixed to said substrate (See for example 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061); said material is selected from the group consisting of aluminum nitride (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130) and boron nitride; said apparatus comprises a multi-layer dielectric stack (See for example 130 in Figures 5-6); said apparatus is selected from the group comprising a highly reflecting laser mirror, a partially transmissive output coupler, a dichroic mirror, an optical filter (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076), a beam splitter, a heat reflector, a solar cell cover, a thin-film polarizer, a Bragg mirror and a Rugate filter; at least one layer of said plurality of layers comprises an anti-reflection coating (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076); said dielectric stack comprises dielectric material transparent to a wavelength of interest (See for example any one of 130, 131, 131A, 131B in Figures 5-6; Paragraphs 0059 0061, citing the use of material such as AIN, MgO, Y2O3 in element 130); said dielectric stack comprises alternating layers of oxide materials that are designed to serve as a coating of any reflectance for a wavelength of interest (See for example 130 in Figures 5-6; Paragraphs 0054-0064, 0076); adhering a relatively thick layer (See for example 140 in Figures 5-6; Paragraphs 0066-0069, citing the use of material such as AIN and diamond in element 140) of high bandgap material to an outer layer of said plurality of layers, wherein said high bandgap material has a band gap that is at least 5.0 eV; and said high bandgap material comprises an index of refraction that is at least 1.4, wherein said relatively thick layer has a thickness of at least 1.5-3 microns (See for example 140 in Figures 5-6; Paragraphs 0066-0069, citing the use of material such as AIN and diamond of thickness 1.5-3 microns in element 140).
Claim Rejections - 35 USC § 103
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 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) 76, 86, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Bellman et al. in view of Hart et al. (WO 2020/069261 A1), of record.
Bellman et al. discloses the invention as set forth above, except for the relatively thick layer having a thickness of at least > 50 microns. However, Hart et al. teaches a conventional high hardness multilayer interference optical film (See for example Abstract; Figures 1-13) wherein the multilayer interference optical film (See for example 215 in Figures 2, 4) may include a scratch-resistant layer (See for example 213 in Figure 2; Paragraph 0069) adhered to an outer surface of the multilayer interference optical film. In particular, Hart et al. teaches that the scratch-resistant layer may be formed of a material such as diamond-like carbon, hard oxide, nitride, or oxynitride layers with a thickness of at least >50 microns (See Paragraph 0069). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the relatively thick layer have a thickness of at least > 50 microns, as taught by Hart et al., in the apparatus and method of Bellman et al., to enhance the mechanical rigidity and scratch resistance of the optical film, while preventing damage to the underlying multilayer optical film.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication US 2009/0235981 A1 to Badi et al.
U.S. Patent No. 11815705 to Nguyen.
U.S. Patent No. 11835743 to Nguyen.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNEL C LAVARIAS whose telephone number is (571)272-2315. The examiner can normally be reached M-F 10:30 AM-7 PM.
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ARNEL C. LAVARIAS
Primary Examiner
Group Art Unit 2872
10/20/2025
/ARNEL C LAVARIAS/Primary Examiner, Art Unit 2872