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 .
Drawings
The drawings with 28 Sheets of Figs. 1-16B received on 3/26/2024 are acknowledged and accepted.
Claim Objections
Claims 11,20, objected to because of the following informalities:
Claims 11,20 recite “oxyntride” in line 2. This seems to be a typo error. It is suggested to be replaced with –oxynitride--.
Appropriate correction is required.
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.
Claim(s) 1-4, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amin et al (US 2022/0317340 A1, of record).
Regarding Claim 1, Amin teaches (fig 1A) a cover article (transparent article, para 50), comprising:
a substrate (substrate 110, para 50) comprising an outer primary surface (primary surface 114, para 58) and an inner primary surface (primary surface 112, para 58), wherein the outer and inner primary surfaces are opposite of one another (as in fig 1A); and
an optical film structure (optical film structure 120, para 50) comprising an outermost surface (120b, para 58) disposed on the outer or inner primary surface (112) of the substrate (substrate 110),
wherein the optical film structure (optical film structure 120, para 50) comprises a plurality of alternating high refractive index and low refractive index layers (layers 1-15, alternating Hi and Low refractive indices of SiOxNy and SiO2, 1.829 and 1.477, Table 10A, Examples 7A-7C, para 144)
wherein each of the high refractive index layers (SiOxNy) has a refractive index greater than a refractive index of each of the low refractive index layers (SiO2) (as in Table 10A), and
wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant (D65 illuminant, para 149), as given by an exhibited color with a variation in Hue Angle (h*) of less than 50 degrees over a viewing angle range from 0 to 60 degrees (“a plot is provided of single-sided, reflected color, as measured at incident angles from 0° to 90°, for the three transparent articles of this example (Exs. 7A-7C). As evidenced by the data, the reflected color levels of Exs. 7A-7C are less than 9 (i.e., √(a*.sup.2+b*.sup.2)) for the various a*, b* coordinates in FIG. 9A”, para 146).
Regarding Claim 2, Amin teaches the cover article of claim 1,
wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant (D65 illuminant, para 149), as given by an exhibited color with a variation in Hue Angle (h*) of less than 225 degrees over a viewing angle range from 0 to 90 degrees (“a plot is provided of single-sided, reflected color, as measured at incident angles from 0° to 90°, for the three transparent articles of this example (Exs. 7A-7C). As evidenced by the data, the reflected color levels of Exs. 7A-7C are less than 9 (i.e., √(a*.sup.2+b*.sup.2)) for the various a*, b* coordinates in FIG. 9A”, para 146).
Regarding Claim 3, Amin teaches the cover article of claim 1,
wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant (D65 illuminant, para 149), as given by an exhibited color with a variation in Hue Angle (h*) of less than 15 over a viewing angle range from 0 to 30 degrees (“a plot is provided of single-sided, reflected color, as measured at incident angles from 0° to 90°, for the three transparent articles of this example (Exs. 7A-7C). As evidenced by the data, the reflected color levels of Exs. 7A-7C are less than 9 (i.e., √(a*.sup.2+b*.sup.2)) for the various a*, b* coordinates in FIG. 9A”, para 146).
.
Regarding Claim 4, Amin teaches the cover article of claim 1,
wherein the cover article exhibits an average photopic transmittance of greater than 60% at a normal viewing angle of about 0 degrees (as seen in plot in fig 9B).
Claim(s) 9-14,27-29, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bellman et al (US 2014-0376094 A1).
Regarding Claim 9, Bellman teaches (fig 5, 8, example 1, Table 8, also examples 10-11, fig 31, Table 17) a cover article (article 100, para 59), comprising:
a substrate (substrate 110, para 59) comprising an outer primary surface (114, para 59) and an inner primary surface (112, para 59),
wherein the outer and inner primary surfaces are opposite of one another (as in fig 5, 8); and
an optical film structure (optical film 120, para 59) comprising an outermost surface disposed on the outer or inner primary surface (112, para 59) of the substrate (substrate 110),
wherein the optical film structure (optical film 120, para 59) comprises a plurality of alternating high refractive index and low refractive index layers (high RI layer SiuAlvOxNy, low RI layer RS-SiO2, Table 8, Example 1, para 139, also Table 17, Ex. 10-11)
wherein each of the high refractive index layers (high RI layer SiuAlvOxNy) has a refractive index greater than a refractive index of each of the low refractive index layers (low RI layer RS-SiO2),
wherein the optical film structure (optical film 120, para 59) has a physical thickness that ranges from 1000 nm to 4000 nm (total of thicknesses is ranging between 1000nm-4000nm, Table 8, also para 105),
wherein one of the high refractive index layers is a scratch resistant layer (scratch resistant layer 140, para 107, also para 124) having a physical thickness from 500 nm to 3000 nm (fig 5, table 8),
wherein one of the low refractive index layers is a capping layer (capping layer 150, para 107, also para 125) disposed over the scratch resistant layer (scratch resistant layer 140, para 107),
wherein a portion of the plurality of alternating high refractive index and low refractive index layers is between the scratch resistant layer (scratch resistant layer 140, para 107, also para 124) and the substrate (substrate 110, para 59) (as in fig 5),
wherein the optical film structure (optical film 120, para 59) exhibits a hardness of at least 12 GPa, as measured with a Berkovich Indenter Hardness Test from the outermost surface of the optical film structure to a depth from about 100 nm to about 300 nm, (“The 1000 nm-thick layer exhibited a maximum hardness at indentation depths from about 100 nm to about 300 nm”, para 66, “from about 12 GPa to about 30 GPa”, para 69) and
wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited color with a variation in Hue Angle (h*) of less than 50 degrees over a viewing angle range from 0 to 60 degrees (fig 8, “the articles exhibit a color shift of about 2 or less when viewed at incident illumination angle from normal incidence under a CIE F2, F10, F11, F12 or D65 illuminant. The incident illumination angle may be in the range from about 0 degrees to about 80 degrees”, para 57).
Regarding Claim 10, Bellman teaches the cover article of claim 9,
wherein the cover article (article 100, para 59) exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited color with a variation in Hue Angle (h*) of less than 20 degrees over a viewing angle range from 0 to 60 degrees (figs. 8,31).
Regarding Claim 11, Bellman teaches the cover article of claim 9,
wherein the scratch resistant layer (scratch resistant layer 140, para 107, also para 124) is a nitride or an oxynitride (para 118) and has a physical thickness from 800 nm to 2500 nm (fig 5, table 8, also para 123), and wherein the capping layer (capping layer 150, para 107, also para 125) is an oxide (para 125).
Regarding Claim 12, Bellman teaches the cover article of claim 9,
wherein the capping layer (capping layer 150, para 107, also para 125) is in contact with the scratch resistant layer (scratch resistant layer 140, para 107, also para 124), is the outermost layer of the optical film structure (120), and has a physical thickness of from 20 nm to 250 nm (para 125).
Regarding Claim 13, Bellman teaches the cover article of claim 9,
wherein the capping layer (capping layer 150, para 107, also para 125) is the only layer over the scratch resistant layer (scratch resistant layer 140, para 107) with a physical thickness of greater than 20 nm (as in fig 5).
Regarding Claim 14, Bellman teaches the cover article of claim 9,
wherein one of the low refractive index layers (low RI layer RS-SiO2) is in contact with the outer or inner primary surface of the substrate (substrate 110), and the optical film structure (optical film 120, para 59) comprises 5 to 19 layers (table 8).
Regarding Claim 27, Bellman teaches (fig 5, 8, example 1, Table 8, also examples 10-11, fig 31, Table 17) a cover article (article 100, para 59), comprising:
a substrate (substrate 110, para 59) comprising an outer primary surface (114, para 59) and an inner primary surface (112, para 59),
wherein the outer and inner primary surfaces are opposite of one another (as in fig 5, 8); and
an optical film structure (optical film 120, para 59) comprising an outermost surface disposed on the outer or inner primary surface (112, para 59) of the substrate (substrate 110),
wherein the optical film structure (optical film 120, para 59) comprises a plurality of alternating high refractive index and low refractive index layers (high RI layer SiuAlvOxNy, low RI layer RS-SiO2, Table 8, Example 1, para 139, also Table 17, Ex. 10-11)
wherein each of the high refractive index layers (high RI layer SiuAlvOxNy ) has a refractive index greater than a refractive index of each of the low refractive index layers (low RI layer RS-SiO2), and
wherein the cover article exhibits a substantially neutral color in reflectance with a D65 illuminant, as given by an exhibited grey hue or silver hue, each with a Chroma (c*) of less than 10 (“the articles exhibit a color shift of about 2 or less when viewed at incident illumination angle from normal incidence under a CIE F2, F10, F11, F12 or D65 illuminant”, para 57, D65, para 168, Chroma is less than 10 in fig 8 and 31).
Regarding Claim 28, Bellman teaches the cover article of claim 27,
wherein the cover article exhibits a substantially neutral color in reflectance with a D65 illuminant, as given by an exhibited grey hue or silver hue, each with a Chroma (c*) of less than 5 (“the articles exhibit a color shift of about 2 or less when viewed at incident illumination angle from normal incidence under a CIE F2, F10, F11, F12 or D65 illuminant”, para 57, D65, para 168, Chroma is less than 5 in fig 8 and 31).
Regarding Claim 29, Bellman teaches the cover article of claim 27, wherein:
wherein the optical film structure (optical film 120, para 59) has a physical thickness that ranges from 1000 nm to 4000 nm (total of thicknesses is ranging between 1000nm-4000nm, Table 8, also para 105),
wherein one of the high refractive index layers is a scratch resistant layer (scratch resistant layer 140, para 107, also para 124) having a physical thickness from 500 nm to 3000 nm (fig 5, table 8),
wherein one of the low refractive index layers is a capping layer (capping layer 150, para 107, also para 125) disposed over the scratch resistant layer (scratch resistant layer 140, para 107),
wherein a portion of the plurality of alternating high refractive index and low refractive index layers is between the scratch resistant layer (scratch resistant layer 140, para 107, also para 124) and the substrate (substrate 110, para 59) (as in fig 5),
wherein the optical film structure (optical film 120, para 59) exhibits a hardness of at least 12 GPa, as measured with a Berkovich Indenter Hardness Test from the outermost surface of the optical film structure to a depth from about 100 nm to about 300 nm, (“The 1000 nm-thick layer exhibited a maximum hardness at indentation depths from about 100 nm to about 300 nm”, para 66, “from about 12 GPa to about 30 GPa”, para 69)
Claim(s) 19-22, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amin et al (US 2015/0322270 A1, of record).
Regarding Claim 19, Amin teaches (fig 1, Example 6) a cover article (article 100, para 58), comprising:
a substrate (substrate 110, para 58) comprising an outer primary surface (surface 114, para 58) and an inner primary surface (surface 112, para 58) (as in fig 1),
wherein the outer and inner primary surfaces (112, 114) are opposite of one another (as in fig 1); and
an optical film structure (anti-reflective coating 120, para 58) comprising an outermost surface disposed on the outer or inner primary surface of the substrate (substrate 110, para 58),
wherein the optical film structure (anti-reflective coating 120, para 58) comprises a plurality of alternating high refractive index and low refractive index layers (Hi RI layer SiuAlvOxNy, Low RI layer SiO2-a, Table 9, para 156),
wherein each of the high refractive index layers (Hi RI layer SiuAlvOxNy) has a refractive index greater than a refractive index of each of the low refractive index layers (Low RI layer SiO2-a) (as in Table 9),
wherein the optical film structure (anti-reflective coating 120, para 58) has a physical thickness that ranges from 250 nm to 1000 nm (totaling thicknesses in Table 9, 764 nm, Table 9),
wherein the optical film structure (anti-reflective coating 120, para 58) exhibits a hardness of at least 8 GPa, as measured with a Berkovich Indenter Hardness Test from the outermost surface of the optical film structure to a depth from about 100 nm to about 300 nm (“Berkovitch Indenter Hardness Test”, “from about 100 nm to about 300 nm”, para 72) and
wherein the cover article (article 100, para 58) exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited color with a variation in Hue Angle (h*) of less than 50 degrees over a viewing angle range from 0 to 60 degrees (“The reflected color, based on a 10° observer under a D65 illuminant”, “AOI changed from 0 degrees to about 60 degrees from normal incidence”, upper right quadrant of fig 20).
Regarding Claim 20, Amin teaches the cover article of claim 19,
wherein each of the high refractive index layers (Hi RI layer SiuAlvOxNy, Table 9) is a nitride or an oxyntride and the low refractive index layers (Low RI layer SiO2-a) is an oxide.
Regarding Claim 21, Amin teaches the cover article of claim 19,
wherein one of the low refractive index layers (Low RI layer SiO2-a) is in contact with the outer or inner primary surface of the substrate (substrate 110), and the optical film structure (anti-reflective coating 120, para 58) comprises 5 to 12 layers (Table 9).
Regarding Claim 22, Amin teaches the cover article of claim 19,
wherein the high refractive index layers (Hi RI layer SiuAlvOxNy, Table 9) collectively comprise greater than 50% of the volume or physical thickness of the optical film structure (anti-reflective coating 120, para 58) (Table 9).
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) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bellman et al (US 2014-0376094 A1) in view of Amin et al (US 2015/0322270 A1, of record).
Regarding Claim 30, Bellman teaches the cover article of claim 27.
However, Bellman does not teach
the optical film structure has a physical thickness that ranges from 250 nm to 1000 nm, and
the optical film structure exhibits a hardness of at least 8 GPa, as measured with a Berkovich Indenter Hardness Test from the outermost surface of the optical film structure to a depth from about 100 nm to about 300 nm.
Bellman and Amin are related as optical film structures with hi-low RI films.
Amin teaches
(fig 1, Example 6) a cover article (article 100, para 58), comprising:
wherein the optical film structure (anti-reflective coating 120, para 58) has a physical thickness that ranges from 250 nm to 1000 nm (totaling thicknesses in Table 9, 764 nm, Table 9),
wherein the optical film structure (anti-reflective coating 120, para 58) exhibits a hardness of at least 8 GPa, as measured with a Berkovich Indenter Hardness Test from the outermost surface of the optical film structure to a depth from about 100 nm to about 300 nm (“Berkovich Indenter Hardness Test”, “from about 100 nm to about 300 nm”, para 72).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical film structure of Bellman to include the thicknesses and hardness of optical film structure of Amin for the purpose of using techniques for exhibiting abrasion resistance, low reflectivity and durability (para 2).
Allowable Subject Matter
Claims 5-8, 15-18 and 23-26 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.
Claims 5, 15 and 23 are allowed over the prior art for at least the reason:
“wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited pink or red color with a Hue angle (h*) of from 320 degrees to 40 degrees and a Chroma (c*) of greater than 15.”
Claims 6, 16 and 24 are allowed over the prior art for at least the reason:
“wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited yellow color with a Hue angle (h*) of from 40 degrees to 135 degrees and a Chroma (c*) of greater than 15.”
Claims 7, 17 and 25 are allowed over the prior art for at least the reason:
“wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited green color with a Hue angle (h*) of from 135 degrees to 200 degrees and a Chroma (c*) of greater than 15.”
Claims 8, 18 and 26 are allowed over the prior art for at least the reason:
“wherein the cover article exhibits a substantially constant hue in reflectance with a D65 illuminant, as given by an exhibited blue or purple color with a Hue angle (h*) of from 200 degrees to 320 degrees and a Chroma (c*) of greater than 15.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kobayashi et al (US 2023/0324584 A1) teaches (fig 3) an article including a substrate (12) and an optical film structure with Hi-Lo refractive index layer (14a,14b).
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 4/13/2026
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