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 .
Claim Objections
Claim 1 is objected to because of the following informalities: in its final line, claim 1 reads, "emit infrared ray," but should read either, "emit infrared rays," "emit infrared radiation." or "emits an infrared ray.". Appropriate correction is required.
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.
Claim 8-9 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 8 recites the limitation, “a frequency at which more than 90% is transmitted moves to low frequency.” Claim 8 does not state what is being transmitted, thus making it unclear what “90%” refers to. Based on para. 065 of the applicant’s specification, the examiner is understanding this limitation to refer to a cut-off frequency.
The term “low” in claim 8 is a relative term which renders the claim indefinite. The term “low” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is therefore unclear what constitutes a "low frequency" in reference to claim 8, considering that radio waves and IR waves span frequencies from 3kHz 400 THz.
Claim 9 recites the limitation, “a frequency at which more than 90% is transmitted moves to high frequency.” Claim 9 does not state what is being transmitted, thus making it unclear what “90%” refers to. Based on para. 067 of the applicant’s specification, the examiner is understanding this limitation to refer to a cut-off frequency.
The term “high” in claim 9 is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is therefore unclear what constitutes a "high frequency" in reference to claim 9, considering that radio waves and IR waves span frequencies from 3kHz 400 THz.
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, 4, and 7-9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Cho et al. (U.S. Pub. No. 2018/0069319 A1), hereinafter Cho.
Regarding claim 1, Cho teaches,
A multiple and broadband stealth structure (para. 0002, “The present invention relates to a technique of preventing detection by waves of radar and infrared regions”), comprising: a radar absorption unit configured to absorb broadband microwave (fig. 1, layer 110); a low-frequency transmission filter unit stacked on an upper portion of the radar absorption unit (para. 0071, “The electromagnetic waves passing through the first metal layer 115 pass through the second dielectric 114, and at this point, since movement of free electrons is relatively slow in a dielectric, the electromagnetic waves passing through the first metal layer 115 begin to be absorbed. The wavelength of the absorbed electromagnetic waves may be specified, and this may be determined according to physical property values such as a loss tangent or the like of the second dielectric 114. The second dielectric of the present invention may include epoxy resin such as FR4.” The examiner notes that second dielectric 114 is being understood to be a low-frequency transmission filter unit because it absorbs low-energy (i.e., low-frequency) transmissions); and an infrared radiation unit combined with the low-frequency transmission filter unit to selectively emit infrared ray (para. 0052, “In addition, the infrared stealth technique of the present invention selectively controls emissivity of infrared energy for the electromagnetic waves of the second range, which is a region used by an infrared detector, and the electromagnetic waves of the third range, which is a region that is not used by the infrared detector, lower temperature of the surface by emitting infrared energy”).
Regarding claim 4, Cho teaches,
The multiple and broadband stealth structure of claim 1, wherein the low-frequency transmission filter unit includes: a second dielectric layer (fig. 3, second dielectric layer 114); and a plurality of second seating members formed in a pattern on an upper surface of the second dielectric layer (fig. 5, metal layer 115), wherein at least a portion of the second dielectric layer is exposed to an outside between adjacent second seating members among the plurality of second seating members (fig. 4, slit S exposes second dielectric layer 115 to an area outside the second metal layer 115).
Regarding claim 7, Cho teaches,
The multiple and broadband stealth structure of claim 4, wherein the plurality of second seating members is formed in a square shape (fig. 5, metal layer 115 is formed in a square shape), and wherein horizontal length and vertical length of each of the plurality of second seating members are longer than a trench spacing, which is a distance between adjacent second seating members among the plurality of second seating members (fig. 4, distance S is smaller than the length of the squares of metal layer 115).
Regarding claim 8, Cho teaches,
The multiple and broadband stealth structure of claim 7, wherein when a size of each of the plurality of second seating members increases as the horizontal length and vertical length of the second seating member become longer, a frequency at which more than 90% is transmitted moves to low frequency (para. 0081, “Among the electromagnetic waves passing through the second anti-detection unit 120, only electromagnetic waves of the radar region having a specific wavelength may be absorbed in the radar absorber according to the distance S of the slits formed on the first metal layer 115 or the thickness of the first metal layer 115. For example, if the distance S of the slits or the thickness of the first metal layer 115 is properly set, only the X-band radar waves having a wavelength of about 3 cm (having a frequency of 8 to 12 GHz) are absorbed in the radar absorber, and electromagnetic waves of the other wavelength ranges are not absorbed but reflected by the first anti-detection unit 110.”).
Regarding claim 9, Cho teaches,
The multiple and broadband stealth structure of claim 7, wherein when a size of each of the plurality of second seating members decreases as the horizontal length and vertical length of the second seating member become shorter, a frequency at which more than 90% is transmitted moves to high frequency (para. 0081, “Among the electromagnetic waves passing through the second anti-detection unit 120, only electromagnetic waves of the radar region having a specific wavelength may be absorbed in the radar absorber according to the distance S of the slits formed on the first metal layer 115 or the thickness of the first metal layer 115. For example, if the distance S of the slits or the thickness of the first metal layer 115 is properly set, only the X-band radar waves having a wavelength of about 3 cm (having a frequency of 8 to 12 GHz) are absorbed in the radar absorber, and electromagnetic waves of the other wavelength ranges are not absorbed but reflected by the first anti-detection unit 110.”).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Hahn et al. (U.S. Pub. No. 2022/023344 A1), hereinafter Hahn.
Regarding claim 5, Cho teaches (note: what Cho does not teach is struck through),
The multiple and broadband stealth structure of claim 4, (para. 0070, “The first metal layer 115 herein may diversely adopt copper, aluminum, gold or the like.”).
Hahn teaches,
…wherein the second dielectric layer is made of any one of polyimide, polydimethylsiloxane (PDMS), and polyethylene terephthalate (PET) (para. 0053, “In one embodiment, the dielectric layer 120 may be made of an organic dielectric material such as polyethylene terephthalate (PET)”)
Cho and Hahn are analogous to the claimed invention because they are in the same field of endeavor. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cho with the second dielectric made of PET because PET is a good substrate for conductive coatings, thus making it an effective layer upon which a metal layer can be embedded. Furthermore, it is good at absorbing IR radiation, thus allowing it to fulfill a similar role to that described by the FR4 of Cho (see para. 0071).
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Qian et al. (CN 110412672 A), hereinafter Qian.
Regarding claim 6, Cho teaches (note: what Cho does not teach is struck through),
The multiple and broadband stealth structure of claim 4, wherein the infrared radiation unit includes: a plurality of base members arranged to be spaced apart at a predetermined distance on the upper surface of the second dielectric layer (fig. 4, base members 121 are spaced apart at a distance S on second dielectric layer 114); and a plurality of metal-(fig. 5, second metal layer 123 is cylindrical), wherein the plurality of metal-(fig. 4, metal cylinders are deposited on deposited on upper surface of base members 121, 122)
Qian teaches,
…wherein the infrared radiation unit includes: …a plurality of metal-dielectric materials in a cylindrical shape (fig. 1, MgF2 layer contains a plurality of cylindrical shapes. The examiner notes that MgF2 is a metal-dielectric), wherein the plurality of metal-dielectric materials is deposited on at least a portion of the second dielectric layer and an upper surface of the plurality of base members through an exposure method using a photoresist (p. 3, para. 4, “sequentially depositing a height to form a long wave-pass optical filter is a Si layer and the MgF2 layer h1 on the photoresist layer.”).
Qian is analogous to the claimed invention because it is in the same field of endeavor. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the infrared radiation unit of Cho with the metal-dielectric of Qian because the MgF2 layer of Qian enables strong reflection and absorption at specific wavelengths.
Regarding claim 10, Cho in view of Qian teaches the multiple and broadband stealth structure of claim 6. Cho does not teach,
…wherein each of the plurality of metal-dielectric materials is made of any one of magnesium fluoride (MgF2), zinc sulfide (ZnS), aluminum nitride (AlN), aluminum oxide (Al2O3), silicon oxide (SiO2), and silicon nitride (Si3N4)
Qian teaches,
…wherein each of the plurality of metal-dielectric materials is made of any one of magnesium fluoride (MgF2), zinc sulfide (ZnS), aluminum nitride (AlN), aluminum oxide (Al2O3), silicon oxide (SiO2), and silicon nitride (Si3N4) (p. 3, para. 4, “sequentially depositing a height to form a long wave-pass optical filter is a Si layer and the MgF2 layer h1 on the photoresist layer.”).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the infrared radiation unit of Cho with the metal-dielectric of Qian because the MgF2 layer of Qian enables strong reflection and absorption at specific wavelengths.
Allowable Subject Matter
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, Cho teaches (note: what Cho does not teach is struck through)
The multiple and broadband stealth structure of claim 1, wherein the radar absorption unit includes: a base layer (fig. 3, base layer 111 is not taught to be a thin film); a first dielectric layer extending upward from an edge of the base layer (fig. 3, dielectric layer 112 extends upward from base layer);
Hahn teaches a base layer that is a thin film (fig. 1, base layer 130), but fails to teach,
a first seating member having four triangles in which vertices of the four triangles are located at one center, and the four triangles are arranged radially from the one center, the first seating member being disposed on an upper surface of the thin film.
Qian similarly fails to teach the above limitation.
Both Hahn and Qian fail to correct the deficiencies in Cho. Thus, in reference to claim 2, the prior art made of record individually or in any combination, fails to teach, render obvious, or fairly suggest to one of ordinary skill in the art at the time of filing the combination of the claimed features of claim 2.
Claim 3 is allowable because it depends upon, and therefore include all the limitations of, allowed claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna K Gosling whose telephone number is (571)272-0401. The examiner can normally be reached Monday - Thursday, 7:30-4:30 Eastern, Friday, 10:00-2:00 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anna K. Gosling/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648