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 .
Claim Rejections - 35 USC § 112
Claims 2-10 and 29-38 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.
Regarding claim 29, although some of the layers in the infrared antireflective coating of claim 29 are defined by a high (H) or low (L) refractive index, it is noted that only low refractive index layer has its thickness defined within a range. As the overall reflectance of a multilayer is defined by the refractive index and the thickness of every single layer within the multilayer stack, no particular reflectance can be derived from the features of claim 29. In view of description stated in paragraphs 12 and 53 of the specification, it is noted that the objective of the claimed invention is to provide antireflective coatings for increasing infrared transmission while maintaining low visible light reflectance and/or reflected light colors that are close to neutral. Since claim 29 does not disclose that the entire layer stack is not defined in terms of each layer’s refractive index and thickness, it is unclear how and in what manner the claimed invention can achieve the low visible light reflectance and the color neutrality sought for according to paragraphs 12 and 53 of the disclosure. Clarification is required.
Claims not specifically mentioned above are rejected by virtue of their dependency on a rejected claim.
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.
Claim(s) 29-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Apitz et al (EP 3832356).
Regarding claim 29, as far as the claim is understood, Apitz et al discloses an optical assembly comprising: an infrared transmissive pane (10); and an infrared sensitive receptor and/or an infrared light source (paragraph 66), the infrared transmissive pane (10) further comprising a first infrared transmissive substrate (1) having a first surface and a second surface opposite to the first surface, and an infrared antireflective coating (2) on the first surface (paragraphs 18, 20), wherein the coating comprises S sequence(s) of thin layers, wherein each sequence of thin layers comprises a layer of high refractive index material (paragraph 83: Sc2O3; paragraph 94: HfO2) underneath a layer of low refractive index material (paragraph 83: YF3, Al2O3; paragraph 94: AL2O3), wherein S ≥ 2 (paragraphs 83, 94: S=3), wherein an optical thickness euL at a wavelength λIR, of an uppermost layer of the coating comprising the low refractive index material ranges (topmost Al2O3 layer in design 2 and 1 in paragraphs 83, 94) from
(λIR * 0.12) ≤ euL ≤ (λIR * 0.40) (euL = λIR * 0.14 with λIR = 1000 nm in design 2 - note that a coefficient 0.14 is determined by (a thickness for topmost Al2O3 layer in design 2 [80nm] * a value of refractive index for Al2O3 layer [≈ 1.755])/ λIR [1000 nm] ≈ 0.14; and euL = λIR * 0.13 with λIR = 1000 nm in design 1), wherein λIR is an infrared wavelength selected in range of 800 to 2000 nm (λIR = 1000 nm), and wherein the pane is configured to transmit infrared light to the sensor and/or from the source (paragraph 66).
Regarding claims 30-32 and 37, the limitations therein are disclosed in paragraph 66 of Apitz et al.
Regarding claims 33 and 38, the limitations therein are disclosed in paragraphs 21 and 66 of Apitz et al.
Regarding claim 35-36, Apitz et al discloses that its optical device can be used with moto vehicles (paragraphs 21 and 66).
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.
Claim(s) 2-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apitz et al (EP 3832356).
Regarding claims 2-10, as far as the claim is understood, although these claims define some additional structural features of the claim, their effect on the overall reflectance/transmittance spectrum is not clear since not every single layer of the layer stack is defined in terms of thickness and refractive index [as explained in the 112 rejection above]. In any event, the specific effect of the additional structural features determined in the device of Apitz et al would have been obvious to one of ordinary skill in the art in view of meeting different design requirements and achieving the particular desired performance.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Medwick et al (US 2024/0302498) is cited for disclosing a coated article. Koch, III et al (US 12/140,732) is cited for disclosing an arti-reflective coatings and articles.
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/KEVIN K PYO/ Primary Examiner, Art Unit 2878
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