CTNF 18/847,084 CTNF 98198 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. Claim Objections 07-29-01 AIA Claim 3 is objected to because of the following informalities: Claim 3 should read, “The electromagnetic wave absorber according to claim 2, wherein a frictional fractional bandwidth is 30% or more and 163% or less […]” . Appropriate correction is required. Specification 07-29 AIA The disclosure is objected to because of the following informalities: Every instance of “frictional bandwidth” in the specification filed September 13, 2024 should be corrected to read “fractional bandwidth. This error occurs in paras. 6, 19, 24, 29, 31, 36, 39, 42, 45, 48, 51, 53, 57, 59, and 64 . Appropriate correction is required. Claim Rejections - 35 USC § 102 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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-2 and 6-21 are rejected under 35 U.S.C. 102( a)(1) and (a)(2 ) as being anticipated by Tanaka et al. (WO 2019198760 A1), hereinafter Tanaka . Regarding claim 1, Tanaka teaches an electromagnetic wave absorber comprising a spiral body having a spiral diameter that is not constant (Figs. 1B-1A, light-absorbing element 10 has a spiral diameter that tapers along a vertical axis; para. 14, “The light-absorbing element 10 includes a spiral structure 3 which is an extremely fine metallic structure with overall dimensions of, for example, several thousand micrometers or less.”) . Regarding claim 2, Tanaka teaches the electromagnetic wave absorber according to claim 1, wherein the spiral body is a volute spiral body (Figs. 1B-1A, light-absorbing element 10 is a volute spiral) . Regarding claim 6, Tanaka teaches the electromagnetic wave absorber according to claim 2, wherein a ratio of a spiral pitch of the volute spiral body to a wavelength of an electromagnetic wave having a frequency of 1 GHz or more is 0.023 or more and 0.073 or less (para. 13, “The light-absorbing element 10 absorbs light across a wide wavelength range. This broad wavelength range may include all, part, or some portion of the range from visible light [approximately 380 nm wavelength] to far infrared light [approximately 1 mm wavelength]. For example, the broad wavelength range may include part or all of the visible light wavelength range [i.e., 380 nm to 810 nm].”; para. 16, “For example, in each radial direction, the radial dimension of the base portion 3a may be larger than the radial thickness of the linear portion 3b. Here, the radial thickness of the linear portion 3b refers to the radial dimension of each portion of the linear portion 3b that is spaced apart from each other in the radial direction. The radial thickness of the linear portion 3b is, in one example, between 50 nm and 150 nm [for example, about 100 nm].”; using the above information, Examiner has made the following diagram based on Fig. 1A of Tanaka, the diagram hereinafter referred to as Examiner’s Diagram 1: PNG media_image1.png 322 697 media_image1.png Greyscale as can be deduced from the diagram, Tanaka teaches a range of combinations of pitch and wavelength values that satisfy the limitation) , a ratio of a radius of a minimum diameter portion of the volute spiral body to the wavelength is 0.034 or more and 0.057 or less (Fig. 1A, with reference to the above diagram, Tanaka teaches a range of combinations of minimum radius and wavelength values that satisfy the limitation) , a ratio of a radius of a maximum diameter portion of the volute spiral body to the radius of the minimum diameter portion is 1.0 or more and 14 or less (Fig. 1A, with reference to the above diagram, Tanaka teaches a range of combinations of maximum radius and wavelength values that satisfy the limitation) , and a number of turns of the volute spiral body is one or more and ten or less (Fig. 1B, spiral structure 3 has two turns) . Regarding claim 7, Tanaka teaches the electromagnetic wave absorber according to claim 6, wherein a ratio of the spiral pitch to the wavelength is 0.033 or more and 0.070 or less (Fig. 1A, with reference to Examiner’s Diagram 1, Tanaka teaches a range of combinations of pitch and wavelength values that satisfy the limitation) , and a ratio of the radius of the minimum diameter portion to the wavelength is 0.037 or more and 0.054 or less (Fig. 1A, with reference to Examiner’s Diagram 1, Tanaka teaches a range of combinations of minimum radius and wavelength values that satisfy the limitation) . Regarding claim 8, Tanaka teaches the electromagnetic wave absorber according to claim 6, wherein a ratio of the spiral pitch to the wavelength is 0.040 or more and 0.066 or less (Fig. 1A, with reference to Examiner’s Diagram 1, Tanaka teaches a range of combinations of pitch and wavelength values that satisfy the limitation) , and a ratio of the radius of the minimum diameter portion to the wavelength is 0.039 or more and 0.053 or less (Fig. 1A, with reference to Examiner’s Diagram 1, Tanaka teaches a range of combinations of minimum radius and wavelength values that satisfy the limitation) . Regarding claim 9, Tanaka teaches the electromagnetic wave absorber according to claim 2, further comprising a plate-shaped body disposed on a maximum diameter portion side and/or a minimum diameter portion side of the volute spiral body (para. 21 in view of Fig. 1A, “In the first embodiment, the entire surface 5a of the support 5 is made of a non-metallic material [for example, a transparent material such as glass], and a metal layer 7 is formed on a part of this surface 5a.”; Examiner is construing the structure consisting of support 5 and metal layer 7 as part of a plate-shaped body as claimed; see Fig. 3K for evidence of a plate-shaped body disposed on a minimum diameter portion side of the volute spiral body) . Regarding claim 10, Tanaka teaches the electromagnetic wave absorber according to claim 9, wherein the plate-shaped body includes a semiconductor, a magnetic body, a supermagnetic body, a metal, or a dielectric (para. 21 in view of Fig. 1A, “In the first embodiment, the entire surface 5a of the support 5 is made of a non-metallic material [for example, a transparent material such as glass], and a metal layer 7 is formed on a part of this surface 5a.”; metal layer 7 is made of metal and the support 5 is made of glass which is dielectric) . Regarding claim 11, Tanaka teaches the electromagnetic wave absorber according to claim 9, wherein a ratio of a distance between one of the maximum diameter portion and the minimum diameter portion which is closer to the plate-shaped body and the plate-shaped body to a wavelength of an electromagnetic wave having a frequency of 1 GHz or more is 0.20 or more and 0.35 or less (Fig. 1A, with reference to Examiner’s Diagram 1, Tanaka teaches a range of combinations of distance between the maximum diameter portion of spiral structure 3B and metal layer 7 and wavelength values that satisfy the limitation; using the geometric values given in paras. 13 and 16, Examiner has made the following diagram based on Fig. 3K, the diagram hereinafter referred to as Examiner’s Diagram 2: PNG media_image2.png 480 699 media_image2.png Greyscale as can be deduced from the diagram, Tanaka teaches a range of combinations of distance between the minimum diameter portion of spiral structure 3 and metal layer 7 and wavelength values that satisfy the limitation) . Regarding claim 12, Tanaka teaches the electromagnetic wave absorber according to claim 1, wherein a spiral pitch of the spiral body is not constant (Fig. 1A, with reference to Examiner’s Diagram 1, it can be seen that the pitch increases along a vertical axis of spiral structure 3) . Regarding claim 13, Tanaka teaches the electromagnetic wave absorber according to claim 1, wherein the spiral body has a non-constant difference in spiral radius between spiral pitches (Fig. 1A, it can be seen that the spiral radius increases along a vertical axis of spiral structure 3) . Regarding claim 14, Tanaka teaches the electromagnetic wave absorber according to claim 1, wherein the spiral body includes any one material selected from a metal, a dielectric, a magnetic body, a semiconductor, and a superconductor, or a material obtained by combining at least two of these materials (para. 14, “The light-absorbing element 10 includes a spiral structure 3 which is an extremely fine metallic structure with overall dimensions of, for example, several thousand micrometers or less.”) . Regarding claim 15, Tanaka teaches the electromagnetic wave absorber according to claim 1, wherein a plurality of the spiral bodies is arranged in an array (Fig. 9B, array of light absorbing elements 10 comprising each a spiral structure 3) . Regarding claim 16, Tanaka teaches an electromagnetic wave shielding member comprising the electromagnetic wave absorber according to claim 1 (para. 1, “The present invention relates to a light-absorbing element that absorbs light in a wide wavelength range. More specifically, the present invention relates to a light-absorbing element comprising an ultrafine metallic structure that absorbs light over a wide wavelength range [for example, the visible light range and the near-infrared wavelength range].”; Examiner is construing the light absorbing element 10 as an EM wave shielding member as claimed) . Regarding claim 17, Tanaka teaches a shielding material comprising the electromagnetic wave absorber according to claim 1 (Fig. 9B, Examiner is construing the light absorber 20 as a shielding material as claimed) . Regarding claim 18, Tanaka teaches an electromagnetic wave absorbing sheet comprising the electromagnetic wave absorber according to claim 1 (Fig. 9B, the light absorber 20 is an EM wave absorbing sheet) . Regarding claim 19, Tanaka teaches a sensor comprising the electromagnetic wave absorber according to claim 1 (para. 67, “In the example shown in Figure 9A, the light absorber 20 is provided on a target surface 30a in the optical instrument 30 for suppressing reflection or stray light. Optical instruments include, but are not limited to, cameras, telescopes, or optical measuring devices [e.g., spectrophotometers]. The target surface 30a is, in one example, the inner surface of a camera lens barrel or the back surface of a reflective surface in an optical instrument (for example, the back surface of a reflective mirror), but is not limited to these.”) . Regarding claim 20, Tanaka teaches a device that performs reception and/or transmission using the electromagnetic wave absorber according to claim 1 (para. 67, “In the example shown in Figure 9A, the light absorber 20 is provided on a target surface 30a in the optical instrument 30 for suppressing reflection or stray light. Optical instruments include, but are not limited to, cameras, telescopes, or optical measuring devices [e.g., spectrophotometers]. The target surface 30a is, in one example, the inner surface of a camera lens barrel or the back surface of a reflective surface in an optical instrument (for example, the back surface of a reflective mirror), but is not limited to these.”) . Regarding claim 21, Tanaka teaches a device that receives light and/or emits light using the electromagnetic wave absorber according to claim 1 (para. 67, “In the example shown in Figure 9A, the light absorber 20 is provided on a target surface 30a in the optical instrument 30 for suppressing reflection or stray light. Optical instruments include, but are not limited to, cameras, telescopes, or optical measuring devices [e.g., spectrophotometers]. The target surface 30a is, in one example, the inner surface of a camera lens barrel or the back surface of a reflective surface in an optical instrument (for example, the back surface of a reflective mirror), but is not limited to these.”) . Claim Rejections - 35 USC § 103 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. 07-21-aia AIA Claim s 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka in view of Koul et al. (US 20220021123 A1), hereinafter Koul . Regarding claim 3, Tanaka teaches the electromagnetic wave absorber according to claim 2, wherein an absorption rate is 60% or more and 100% or less with respect to an electromagnetic wave having a frequency of 1 GHz or more (Tanaka; para. 1, “The present invention relates to a light-absorbing element that absorbs light in a wide wavelength range. More specifically, the present invention relates to a light-absorbing element comprising an ultrafine metallic structure that absorbs light over a wide wavelength range [for example, the visible light range and the near-infrared wavelength range].”; para. 65, “The light absorber 20 according to this embodiment absorbs light in a continuous broad wavelength range [for example, with an absorption rate of 80% or more].”) , but fails to teach wherein a fractional bandwidth is 30% or more and 163% or less. However, Koul teaches wherein a fractional bandwidth is 30% or more and 163% or less (para. 50, “Table 1 shows the performance of an absorber designed in accordance with aspects of the disclosed technology discussed in relation to absorber 100 [row ‘This work:2020’] relative to the performance of other absorbers from 2014, 2015, 2016, and 2018. As is also shown in Table 1 and FIG. 2, absorptivity may be almost 95% over the frequency range without compromising the fractional bandwidth of nearly 92.6%.”) . Tanaka and Koul are considered to be analogous to the claimed invention because they are in the same field of electromagnetic wave absorption technology. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tanaka with the teachings of Koul with the motivation of being able to optimize for material weight and EM wave absorption rate. Regarding claim 4, Tanaka in view of Koul teaches the electromagnetic wave absorber according to claim 3, wherein the absorption rate is 70% or more (Tanaka; para. 1, “The present invention relates to a light-absorbing element that absorbs light in a wide wavelength range. More specifically, the present invention relates to a light-absorbing element comprising an ultrafine metallic structure that absorbs light over a wide wavelength range [for example, the visible light range and the near-infrared wavelength range].”; para. 65, “The light absorber 20 according to this embodiment absorbs light in a continuous broad wavelength range [for example, with an absorption rate of 80% or more].”) . Regarding claim 5, Tanaka in view of Koul teaches the electromagnetic wave absorber according to claim 3, wherein the absorption rate is 80% or more (Tanaka; para. 1, “The present invention relates to a light-absorbing element that absorbs light in a wide wavelength range. More specifically, the present invention relates to a light-absorbing element comprising an ultrafine metallic structure that absorbs light over a wide wavelength range [for example, the visible light range and the near-infrared wavelength range].”; para. 65, “The light absorber 20 according to this embodiment absorbs light in a continuous broad wavelength range [for example, with an absorption rate of 80% or more].”) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC K HODAC whose telephone number is (571) 270-0123. The examiner can normally be reached M-Th 8-6. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERIC K HODAC/Examiner, Art Unit 3648 /VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648 Application/Control Number: 18/847,084 Page 2 Art Unit: 3648 Application/Control Number: 18/847,084 Page 3 Art Unit: 3648 Application/Control Number: 18/847,084 Page 4 Art Unit: 3648 Application/Control Number: 18/847,084 Page 5 Art Unit: 3648 Application/Control Number: 18/847,084 Page 6 Art Unit: 3648 Application/Control Number: 18/847,084 Page 7 Art Unit: 3648 Application/Control Number: 18/847,084 Page 8 Art Unit: 3648 Application/Control Number: 18/847,084 Page 9 Art Unit: 3648 Application/Control Number: 18/847,084 Page 10 Art Unit: 3648 Application/Control Number: 18/847,084 Page 11 Art Unit: 3648 Application/Control Number: 18/847,084 Page 12 Art Unit: 3648 Application/Control Number: 18/847,084 Page 13 Art Unit: 3648
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