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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-12, in the reply filed on 4/8/2026 is acknowledged.
Claims 13-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/8/2026.
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 4-9 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 4 recites the limitation "the peaks" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the valleys" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claims 5-6 and 8-9 are also rejected as being dependent on claim 4 and including the indefinite aspects thereof.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gollier et al. (US 2015/0167921) [hereinafter Gollier].
Regarding claim 1, Gollier discloses a light transmitting structure (Figs. 8A-8B and 19C-19F), comprising a glass-based substrate (substrate 12; paragraphs [0066] and [0043]) having a first major surface and a second major surface opposite the first major surface, the glass-based substrate comprising a first composition that is transparent and has a first refractive index n1 (paragraphs [0043], [0074] and [0077]), and a plurality of surface regions (particles, droplets 332 or regions 350; paragraphs [0073] and [0092-0093]) fused with the glass-based substrate to define a light- scattering surface interposed with the first major surface, each surface region comprising a second composition that is transparent and has a second refractive index n₂ that is different than the first refractive index n₁ (paragraphs [0077], [0092-0093] and [0098]), the first major surface and the light-scattering surface defining an interface to an ambient environment [paragraph [0097]).
Regarding claim 2, Gollier discloses n₂- n₁ ≥ 0.05 (paragraph [0077]).
Regarding claim 3, Gollier discloses wherein the interface comprises a plurality of peaks and valleys, and wherein an average roughness of the interface comprises a peak-to-valley distance in a range from about 0.1 µm to about 300 µm (paragraph [0056], [0092] and [0098]).
Regarding claim 4, Gollier discloses the surface regions define the peaks when n₂ < n1 (paragraphs [0050], [0056], [0077] and [0092-0094]).
Regarding claim 5, Gollier discloses the first refractive index n₁ is in a range from about 1.40 to about 2.10 (paragraph [0077]).
Regarding claim 6, Gollier discloses wherein the second refractive index n2 is in a range from about 1.30 to about 2.00 (paragraph [0077]).
Regarding claim 7, Gollier discloses wherein the surface regions define the valleys when n₂ > n₁ (paragraphs [0077] and [0092-0094]).
Regarding claim 8, Gollier discloses the first refractive index n1 is in a range from about 1.4 to about 1.9 (paragraphs [0077] and [0098]).
Regarding claim 9, Gollier discloses the second refractive index n2 is in a range from about 1.5 to about 2.1 (paragraphs [0077] and [0098]).
Regarding claim 10, Gollier discloses the second composition is a glass (paragraphs [0028-0029] and [0091]).
Regarding claim 11, Gollier discloses the second composition is a metal, a metal oxide or a combination thereof (paragraph [0077]).
Regarding claim 12, Gollier discloses the second composition is a polymer (paragraphs [0073] and [0092-0096]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Catherine A. Simone/Primary Examiner, Art Unit 1781
CATHERINE A. SIMONE
Examiner
Art Unit 1781
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