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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 1, 2024 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on December 7, 2023. These drawings are accepted.
Examiner Comments
The Examiner has cited particular columns and line numbers, paragraphs, or figures in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the Applicant, in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed 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, 4, 7, and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Psaltis et al. (US 2005/0017079 A1).
With regard to independent claim 1, Psaltis et al. (US 2005/0017079 A1) discloses a data storage medium for storing digital data (DVD disk with quantum dots (QDs) deposited within the pits of the disk in para [0040]-[0043], Figure 10) comprising: a mixture of different nano-sized materials (nanoparticles QDs, pack 50 spectral bands in para [0042]), each of the nano-sized materials having a respective optical transition profile characterizing an optical transition of the nano-sized material and covering a respective wavelength range (fluorescence of 6 different QDs excited with the same ultra-violet source in para [0032], Figure 5), wherein a combined optical transition profile of the mixture covers an extended wavelength range as compared to the respective wavelength ranges of the respective optical transition profiles of the different nano-sized materials (pack 50 spectral bands between 450nm and 1500nm in para [0042]), and wherein one or more of the different nanosized materials is photo-reactive to selectively vary a respective absorption/emission band upon irradiation (the QDs are excited by a large range of wavelengths shorter than the emission peak in para [0032]) to encode digital data in the combined optical transition profile of the mixture (QDs are used to encode unique information in para [0043]).
As per claim 4, Psaltis et al. (US 2005/0017079 A1) discloses that linewidth of each QD species is 20nm at FWHM (para [0042]).
As per claim 7, Psaltis et al. (US 2005/0017079 A1) discloses that that the QDs are distributed in a 2D configuration (para [0030], [0042], Figure 4, 10).
As per claims 12 and 13, Psaltis et al. (US 2005/0017079 A1) discloses wherein the data storage medium is operable to store and read digital data at substantially non-cryogenic and substantially room temperatures (see ODs for CDs and DVDs in para [0040]), in which Psaltis et al. (US 2005/0017079 A1) implicitly discloses that the data storage medium is operable to store and read at room (non-cryogenic temperature)).
As per claim 14, Psaltis et al. (US 2005/0017079 A1) discloses such a method for storing digital data, for the similar reasons stated, supra, for claim 1.
As per claim 15, Psaltis et al. (US 2005/0017079 A1) discloses such a method for reading stored digital data, for the similar reasons stated, supra, for claim 1. See also para [0014], "the spectral signature of the nano-tag dispensed on the surface of the information carrying medium is detected by a compact read-out head with a grating spectrometer."
As per claim 16, Psaltis et al. (US 2005/0017079 A1) discloses wherein determining whether the respective absorption/emission band has been selectively varied comprises measuring a reflection profile from the data storage medium, for the similar reasons stated, supra, for claim 1. See also para [0014].
As per claim 17, Psaltis et al. (US 2005/0017079 A1) discloses wherein determining whether the respective absorption/emission band has been selectively varied comprises measuring an absorption profile of the data storage medium, for the similar reasons stated, supra, for claim 1. See also para [0014].
As per claim 18, Psaltis et al. (US 2005/0017079 A1) discloses, wherein determining whether the respective absorption/emission band has been selectively varied comprises measuring an emission profile of the data storage medium, for the similar reasons stated, supra, for claim 1. See also para [0013].
Allowable Subject Matter
Claims 2, 3, 5, 6 and 8-11 are tentatively objected to as being dependent upon a rejected base claim, but, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication, would be favorably considered if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Citation of Prior or Relevant Art on enclosed PTO-892
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited art made of record (see the enclosed PTO-892), not applied to the rejection of the claims, supra, each disclose aspects of the claimed invention, including wherein optical media is provided with nanoparticles to affect the recording or encoding characteristics of information therein, and/or information read therefrom.
The best prior art has been applied to the claimed invention (see the rejection of the claims on the applied prior art, supra). However, if Applicant chooses to amend the claims in a manner to obviate the applied prior art, as noted in the rejection, supra, the Applicant is advised to not only carefully review the applied prior art for all it teaches and/or suggests, but also the cited prior art of record in order to obviate any potential rejections based on potential amendment(s); by doing so, compact prosecution on the merits can be enhanced.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
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, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KLIMOWICZ/ Primary Examiner, Art Unit 2688
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