CTNF 18/702,872 CTNF 65022 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1 to 3 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Takesue (WO2021075323) . The Takesue reference teaches a colloidal crystal, note entire reference. The crystal is a geometric unconstrained space and is four fold, note figures. With regards to claim 2, the Takesue reference teaches one layer, note, embodiment 1 With regards to claim 3, the Takesue reference teaches growing more then one layer of different materials, note embodiment 2 . 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takesue. (WO2021075323) . The Takesue reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the refractive index of the materials. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Takesue reference to have different refractive indexes in the materials in order to the desired lattice and refractive index . 07-21-aia AIA Claim (s) 5 to 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takesue. (WO2021075323) . The Takesue reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the immobilization step. The Takesue reference does teach a process of crystallizing a first colloidal particles in a dispersion between two plates, one is a substrate. The material crystallizes on the substrate by means of a electric charge, note embodiment 3. Then the particles are further set on the substrate by means of an electrostatic charge and absorption, note embodiment 3. However, in the absence of unexpected results, It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation the optimum, operable means to hold the particles in place in the Takesue reference in order to maintain the four fold structure. With regards to claim 6, the Takesue reference teaches growing a second layer by same means as first, note embodiment 2. With regards to claim 7, the Takesue reference teaches growing a second layer by same means as first, note embodiment 3. With regards to claim 8, the Takesue reference teaches alternately repeating the layers during growth embodiment 3 . 12-151-08 AIA 07-43 12-51-08 Claim s 9 to 12 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 prior art does not teach nor render obvious the instantly claim invention of the surface modification with another chemical to aid in growth and setting. Examiner’s Remarks The remaining references are merely cited of interest as showing the state of the art in colloidal crystal growth. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm. 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, Kaj Olsen can be reached at 571-272-1344. 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RMK /ROBERT M KUNEMUND/ Primary Examiner, Art Unit 1714 Application/Control Number: 18/702,872 Page 2 Art Unit: 1714 Application/Control Number: 18/702,872 Page 3 Art Unit: 1714 Application/Control Number: 18/702,872 Page 4 Art Unit: 1714
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