DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/17/2025 and 7/15/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 21-39 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 pre-AIA the applicant regards as the invention.
Regarding claim 21, cited term of “chemically converting a metal of a reflector layer into a colored compound to form a colored reflector layer, the reflector layer being on a substrate” (line 2-3) is vague and renders the claims indefinite. It appears there are two possible processes (1) chemically converting a metal into a colored compound to form a colored reflector layer, then deposited on a substrate; and (2) chemically converting a metal of a reflector layer on a substrate into a colored compound to form a colored reflector layer. It is unclear which one of the processes is instantly claimed.
Claims 22-39 are rejected as containing the deficiencies of claim 21 through their dependency from claim 21.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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 of this title, 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.
Claims 21-26 and 33-39 are rejected under 35 U.S.C. 103 as being unpatentable over Coombs et al (US 6572784) in a view of Seydel et al (US 20170369709).
Regarding Claim 21, Coombs teaches a method of making an optical device (abstract; figs. 1, 4 and 10), comprising:
chemically converting a metal of a reflector layer into a colored compound to form a colored reflector layer (fig. 1, 22; fig. 4, 52; col. 7, line 24-38; The flake 20 is a five-layer design having a generally symmetrical multilayer thin film structure on opposing sides of a reflector layer 22. Thus, first and second dielectric layers 24a and 24b are disposed respectively on opposing sides of reflector layer 22, and first and second absorber layers 26a 30 and 26b are disposed respectively on each of dielectric layers 24 and 25. It is a feature of the invention that at least one of the above layers is a luminescent material, or includes a luminescent material as a sublayer or dispersed throughout the layer. Thus, the luminescent material can be present in the reflector layer, dielectric layer, or absorber layer, depending on the desired structure and material of the particular pigment; col. 7, line 55-65, the reflector layer 22 of flake 20 can be composed of various materials; for the reflector layer include aluminum, silver, copper, gold, platinum, tin, titanium, palladium, nickel, cobalt, rhodium, niobium, chromium, and combinations or alloys thereof; col. 10, line 28- 41, The luminescent material incorporated into flake 20 can be composed of either an organic or inorganic material,…; luminescence; resulting from such causes as chemical reactions; col. 11, line 8-16, luminescent materials useful in the invention include electroluminescent materials such as ZnS, Mn++, ZnS:ThF3, and pi-conjugated polymers; chemoluminescent materials….; --- ZnS-colored compound);
the reflector layer being on a substrate (fig. 10, 202- substrate, 204- reflector layer); and
depositing a selective light modulator layer onto the colored reflector layer (fig. 1, 24a/24b; fig. 10, 206). using a liquid coating process.
But Coombs does not specifically disclose that wherein depositing the selective light modulator layer using a liquid coating process.
However, Seydel teaches an article (abstract; figs. 1-3), wherein depositing the selective light modulator layer using a liquid coating process (fig. 1, 14/14’ - selective light modulator layer; ¶[0005], line 1-10, at least one of the first selective light modulator layer and the second selective light modulator layer is deposited using a liquid coating process; ¶[0064], line 1-16, wherein each of the first, second, third, and fourth SLML 14, 14', 14", and 14"' are independently deposited using a liquid coating process. The liquid coating process includes, but is not limited to: slot-bead, slide bead, slot curtain, slide curtain, in single and multilayer coating, tensioned web slot, gravure, roll coating, and other liquid coating and printing processes that apply a liquid on to a substrate to form a liquid layer or film that is subsequently dried and/or cured to the final SLML layer).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Coombs by the article of Seydel for a purpose of an article such as in the form of a flake, which can exhibit color shifting properties with changes in angle of incident light or with viewing angle (¶[0017], line 1-15).
Regarding Claim 22, Coombs - Seydel combination teaches that the method of claim 21, wherein the metal is chosen from aluminum, copper, stainless steel, silver, gold, zinc, iron, bronzes, manganese, titanium, zirconium, vanadium, niobium, chromium, molybdenum, nickel, tungsten, tin, indium, bismuth, alloys of any of these metals, or a combination thereof (fig. 1, 22; col. 7, line 55-65, the reflector layer 22 of flake 20 can be composed of various materials; for the reflector layer include aluminum, silver, copper, gold, platinum, tin, titanium, palladium, nickel, cobalt, rhodium, niobium, chromium, and combinations or alloys thereof, as disclosed in Coombs).
Regarding Claim 23, Coombs - Seydel combination teaches that the method of claim 21, wherein the metal is a non-colored or white colored metal (fig. 1, 22; col. 7, line 55-65, the reflector layer 22 of flake 20 can be composed of various materials; for the reflector layer include aluminum, silver, copper, gold, platinum, tin, titanium, palladium, nickel, cobalt, rhodium, niobium, chromium, and combinations or alloys thereof, as disclosed in Coombs, ---the metals are in nature colors, not be colored).
Regarding Claim 24, Coombs - Seydel combination teaches that the method of claim 23, wherein the metal includes aluminum or stainless steel (fig. 1, 22; col. 7, line 55-65, the reflector layer 22 of flake 20 can be composed of various materials; for the reflector layer include aluminum, silver, copper, gold, platinum, tin, titanium, palladium, nickel, cobalt, rhodium, niobium, chromium, and combinations or alloys thereof, as disclosed in Coombs).
Regarding Claim 25, Coombs - Seydel combination teaches that the method of claim 23, wherein the chemically converting comprises subjecting the metal to a reactant, the reactant being in a state chosen from a plasma state, a gas state, a solid state, a liquid state or a combination thereof (fig. 1, 22; fig. 4, 52; col. 7, line 24-38; The flake 20 is a five-layer design having a generally symmetrical multilayer thin film structure on opposing sides of a reflector layer 22. Thus, first and second dielectric layers 24a and 24b are disposed respectively on opposing sides of reflector layer 22, and first and second absorber layers 26a 30 and 26b are disposed respectively on each of dielectric layers 24 and 25. It is a feature of the invention that at least one of the above layers is a luminescent material, or includes a luminescent material as a sublayer or dispersed throughout the layer. Thus, the luminescent material can be present in the reflector layer, dielectric layer, or absorber layer, depending on the desired structure and material of the particular pigment; col. 10, line 28- 41, The luminescent material incorporated into flake 20 can be composed of either an organic or inorganic material,…; luminescence; resulting from such causes as chemical reactions, as disclosed in Coombs).
Regarding Claim 26, Coombs - Seydel combination teaches that the method of claim 21, wherein the substrate comprises a release layer (col. 21, line 65 –col. 22, line 2, the thin film stack of the foil is removed from the release layer of a substrate, as disclosed in Coombs).
Regarding Claim 33, Coombs - Seydel combination teaches that the method of claim 21, wherein the selective light modulator layer is a first selective light modulator layer, and further comprising depositing a second selective light modulator layer between the substrate and the colored reflector layer (fig. 3, 14’, 16, 14, 20, as disclosed in Seydel).
Regarding Claim 34, Coombs - Seydel combination teaches that the method of claim 33, wherein the second selective light modulator layer is deposited by the liquid coating process (¶[0064], line 1-16, wherein each of the first, second, third, and fourth SLML 14, 14', 14", and 14"' are independently deposited using a liquid coating process, as disclosed in Seydel).
Regarding Claim 35, Coombs - Seydel combination teaches that the method of claim 34, wherein the liquid coating process is a process chosen from a slot die process, a slot-bead process, a slide bead process, a slot curtain process, a slide curtain process, a tensioned web slot process, a gravure process and a roll coating process (¶[0064], line 1-16, The liquid coating process includes, but is not limited to: slot-bead, slide bead, slot curtain, slide curtain, in single and multilayer coating, tensioned web slot, gravure, roll coating, and other liquid coating and printing processes that apply a liquid on to a substrate to form a liquid layer or film that is subsequently dried and/or cured to the final SLML layer, as disclosed in Seydel).
Regarding Claim 36, Coombs - Seydel combination teaches that the method of claim 21, wherein the liquid coating process is a process chosen from a slot die process, a slot-bead process, a slide bead process, a slot curtain process, a slide curtain process, a tensioned web slot process, a gravure process and a roll coating process (¶[0064], line 1-16, The liquid coating process includes, but is not limited to: slot-bead, slide bead, slot curtain, slide curtain, in single and multilayer coating, tensioned web slot, gravure, roll coating, and other liquid coating and printing processes that apply a liquid on to a substrate to form a liquid layer or film that is subsequently dried and/or cured to the final SLML layer, as disclosed in Seydel).
Regarding Claim 37, Coombs - Seydel combination teaches that the method of claim 36, wherein the liquid coating process is a slot die process (fig. 4, 320- slot die, 340, as disclosed in Seydel).
Regarding Claim 38, Coombs - Seydel combination teaches that the method of claim 36, further comprising releasing the substrate from the layers to form the article (figs. 12-13, 224-release layer; col. 13, line 32-35, the flexible web is removed, either by dissolution in a preselected liquid or by way of a release layer, as disclosed in Coombs).
Regarding Claim 39, Coombs - Seydel combination teaches that the method of claim 38, wherein the article is a flake or a foil (abstract, line 1-5, Interference pigment flakes and foils are provided…, as disclosed in Coombs).
Claims 27-32 are rejected under 35 U.S.C. 103 as being unpatentable over Coombs et al (US 6572784) in a view of Seydel et al (US 20170369709), further in a view of Cao et al (US 20130292800).
Regarding Claim 27, Coombs - Seydel combination discloses as set forth above but does not specifically disclose that the method of claim 21, wherein the chemically converting comprises subjecting the metal to a reactant in a chemical bath composition.
However, Cao in the same field of endeavor teaches processes for preparing films (abstract), wherein the chemically converting comprises subjecting the metal to a reactant in a chemical bath composition (¶[0005], line 1-8, Solution-based processes to CIGS/Se fall into three general categories: (1) Electro-, electro less and chemical bath deposition where ( electro ) chemical reactions in a solution lead to the coating of an immersed substrate; ¶[0079], line 1-2, combining the first or second aqueous solution with a chalcogen source to provide a reaction mixture);
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Coombs - Seydel combination by the processes of Cao for a purpose of less expensive, having lower energy input and can utilize close to 100% of the raw materials by precisely and directly depositing materials on a substrate (¶[0004], line 1-7).
Regarding Claim 28, Coombs – Seydel -Cao combination teaches that the method of claim 27, wherein the chemical bath composition comprises at least one inorganic compound chosen from sulfur, sulfides, sulfates, oxides, hydroxides, isocyanates, thiocyanates, molybdates, chromates, permanganates, carbonates, thiosulfates, colloidal metals, inorganic salts, and mixtures thereof (¶[0203], line 1-10, rapid addition of a solution of sulfur (0.3840 g, 12 mmol) in 10 mL of oleylamine. The reaction mixture was maintained at 220° C, as disclosed in Cao).
Regarding Claim 29, Coombs – Seydel -Cao combination teaches that the method of claim 27, wherein the chemical bath composition comprises an organic compound that contains sulfur, nitrogen, oxygen, silicon or a combination thereof (¶[0049], line 1-9, the ink further comprises an elemental chalcogen selected from the group consisting of: sulfur, selenium, and mixtures thereof, as disclosed in Cao).
Regarding Claim 30, Coombs – Seydel -Cao combination teaches that the method of claim 27, wherein the chemical bath composition comprises an organic compound chosen from thiols, thioamine, oxythio amines, thiourea, thiocyanates, amines, isocyanates or a combination thereof (¶[0075], line 1-28, Suitable volatile capping agents can also include: amines, amidos, amides, nitriles, isonitriles, cyanates, isocyanates, thiocyanates, isothiocyanates, azides, thiocarbonyls, thiols, thiolates, sulfides,…., as disclosed in Cao).
Regarding Claim 31, Coombs – Seydel -Cao combination teaches that the method of claim 27, wherein the chemical bath composition further comprises at least one of inorganic or organic salts of metals or metallic organic compounds of metals (¶[0077], line 1-2, (a) providing a first aqueous solution comprising two or more metal salts and one or more ligands, as disclosed in Cao).
Regarding Claim 32, Coombs – Seydel -Cao combination teaches that the method of claim 27, wherein the chemical bath composition further comprises at least one ingredient chosen from an oxidizing agent, a surface modifier and an inhibitor (¶[0109], line 1-8, ink further comprises one or more additives. Suitable additives include dispersants, surfactants,… corrosion inhibitors, viscosity modifiers…, as disclosed in Cao).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872
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