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 .
Status of Claims
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 has been considered by the examiner.
Drawings
The drawings were received on 14 November 2024. These drawings are accepted.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-3, 6-7, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0299336 to Nashner (hereafter Nashner), in view of “Structural color generation: from layered thin films to optical metasurfaces” to Wang et al. (hereafter Wang).
Regarding claim 1, Nashner discloses an electronic device (see at least the abstract) comprising: a battery (see at least Fig. 13 and paragraph [0015]); electronic circuitry operably coupled to the battery and comprising a processor (see at least Fig. 13 and paragraph [0015]); wireless communication circuitry operably coupled to the battery (see at least Fig. 13 and paragraph [0052], where the device may be a mobile telephone, notebook computing device, or tablet computing device, which include wireless communication circuitry); and an enclosure enclosing the battery, the electronic circuitry, and the wireless communication circuitry, the enclosure comprising: a housing member defining an exterior surface of the electronic device (see at least Fig. 1a and paragraph [0015]); and an image formed at the exterior surface and comprising a plurality of pixels (see at least Fig. 1a and paragraphs [0005]-[0006]), the plurality of pixels including: a first pixel configured to produce a first color, the first pixel comprising: a first interference layer formed from a metal oxide, disposed over the exterior surface, and having a first thickness (see at least Fig. 2B and paragraphs [0008]-[0009] and [0066]-[0067], where 232 are first pixels); and a second pixel configured to produce a second color different from the first color, the second pixel comprising: a second interference layer formed from the metal oxide, disposed over the exterior surface, and having a second thickness different from the first thickness (see at least Fig. 2B and paragraphs [0008]-[0009] and [0066]-[0067], where 234 are second pixels).
Nashner does not specifically disclose a first cover layer formed from a metal, disposed over the first interference layer, and configured to partially reflect visible light and a second cover layer formed from the metal, disposed over the second interference layer, and configured to partially reflect visible light.
However, Wang teaches structural color generation comprising an image comprising a plurality of pixels, the plurality of pixels including: a first pixel configured to produce a first color, the first pixel comprising: a first interference layer formed from a metal oxide, disposed over the exterior surface, and having a first thickness; and a first cover layer formed from a metal, disposed over the first interference layer, and configured to partially reflect visible light; and a second pixel configured to produce a second color different from the first color, the second pixel comprising: a second interference layer formed from the metal oxide, disposed over the exterior surface, and having a second thickness different from the first thickness; and a second cover layer formed from the metal, disposed over the second interference layer, and configured to partially reflect visible light (see at least Figs. 5 and 21 where an interference layer comprising TiO2 is sandwiched between metallic layers comprising Ag (silver), the thickness of the TiO2 layer being adjusted to produce a particular color, the plurality of pixels being designed to form an image).
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 device of Nashner to include the teachings of Wang so that the plurality of pixels include a first cover layer formed from a metal, disposed over the first interference layer, and configured to partially reflect visible light and a second cover layer formed from the metal, disposed over the second interference layer, and configured to partially reflect visible light for the purpose of using a Fabry-Perot cavity to generate structure colors (see at least the left column of page 1026).
Regarding claim 2¸ Nashner as modified by Wang discloses all of the limitations of claim 1.
Nashner also discloses that a difference between the first color and the second color is due at least in part to a difference between the first thickness and the second thickness (see at least paragraph [0009]).
Regarding claim 3, Nashner as modified by Wang disclose all of the limitations of claim 2.
Nashner also discloses that the first pixel and the second pixel are adjacent to each other in the image (see at least Figs. 2A-3B)
Wang also teaches that the first pixel and the second pixel are adjacent to each other in the image; and the plurality of pixels defines a gap between: the first interference layer and the second interference layer; and the first cover layer and the second cover layer (see at least Fig. 21).
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 device of Nashner as modified by Wang to include the further teachings of Wang so that the plurality of pixels defines a gap between: the first interference layer and the second interference layer; and the first cover layer and the second cover layer for the purpose of achieving the desired pixel density of the image.
Regarding claims 6-7, Nashner as modified by Wang disclose all of the limitations of claim 1.
Nashner also discloses that the first pixel further comprises a first base layer formed from a first metal and disposed between the exterior surface and the first interference layer; and the second pixel further comprises a second base layer formed from the first metal and disposed between the exterior surface and the second interference layer (see at least Fig. 2B and paragraph [0067], where metallic substrate 260 is a metal base layer).
Wang also teaches that the metal is a second metal; the first pixel further comprises a first base layer formed from a first metal and disposed between the exterior surface and the first interference layer; and the second pixel further comprises a second base layer formed from the first metal and disposed between the exterior surface and the second interference layer; and that the first metal and the second metal are a same metal (see at least Fig. 5(d), where each pixel includes a lower metal layer and an upper metal layer, each comprising Ag (silver)).
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 device of Nashner as modified by Wang to include the further teachings of Wang so that the metal is a second metal and that the first metal and the second metal are a same metal for the purpose of forming a Fabry-Perot cavity in order to reflect light of particular colors for the color marking.
Regarding claim 15, Nashner discloses an electronic device (see at least the abstract) comprising: an enclosure comprising: a housing member defining an exterior surface of the electronic device (see at least Fig. 1a and paragraph [0015]); and an image formed at a region of the exterior surface (see at least Fig. 1a and paragraphs [0005]-[0006]) and comprising: a first subpixel having a first color due to a first optical interference, the first subpixel comprising: a first reflective base layer disposed over the region of the exterior surface; and a first translucent layer disposed over the first reflective base layer (see at least Fig. 2B and paragraphs [0008]-[0009] and [0066]-[0067], where 232 are first pixels comprising a translucent layer and substrate 260 is a reflective base layer); and a second subpixel having a second color, different from the first color, due to a second optical interference, the second subpixel comprising: a second reflective base layer disposed over the region of the exterior surface; and a second translucent layer disposed over the second reflective base layer (see at least Fig. 2B and paragraphs [0008]-[0009] and [0066]-[0067], where 234 are second pixels comprising a translucent layer and substrate 260 is a reflective base layer); a battery positioned within the enclosure; and electronic circuitry positioned within the enclosure and coupled to the battery (see at least Fig. 13 and paragraph [0015]).
Nashner does not specifically disclose that the first subpixel comprises a first partially reflective cover layer disposed over the first translucent layer and that the second subpixel comprises a second partially reflective cover layer disposed over the second translucent layer.
However, Wang teaches structural color generation comprising an image comprising a plurality of pixels, the plurality of pixels including: a first pixel configured to produce a first color and a second pixel configured to produce a second color, the first pixel comprising a first reflective base layer disposed over the region of the exterior surface; a first translucent layer disposed over the first reflective base layer; and a first partially reflective cover layer disposed over the first translucent layer; and a second subpixel having a second color, different from the first color, due to a second optical interference, the second subpixel comprising: a second reflective base layer disposed over the region of the exterior surface; a second translucent layer disposed over the second reflective base layer; and a second partially reflective cover layer disposed over the second translucent layer (see at least Figs. 5 and 21 where an interference layer comprising TiO2 is sandwiched between metallic layers comprising Ag (silver), the thickness of the TiO2 layer being adjusted to produce a particular color, the plurality of pixels being designed to form an image), wherein a group of subpixels can be combined to form a super-pixel (see at least Fig. 31(d)).
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 device of Nashner to include the teachings of Wang so that the first subpixel comprises a first partially reflective cover layer disposed over the first translucent layer and that the second subpixel comprises a second partially reflective cover layer disposed over the second translucent layer for the purpose of using a Fabry-Perot cavity to generate structure colors (see at least the left column of page 1026).
Regarding claim 16, Nashner as modified by Wang disclose all of the limitations of claim 15.
Nashner also discloses that the first reflective base layer and the second reflective base layer are contiguous (see at least Fig. 2B); the first translucent layer has a first thickness that contributes to the first optical interference; and the second translucent layer has a second thickness that contributes to the second optical interference, the second thickness different from the first thickness (see at least Fig. 2B).
Regarding claim 17, Nashner as modified by Wang disclose all of the limitations of claim 16.
Nashner also discloses that the first subpixel and the second subpixel together define a set of subpixels (see at least Fig. 2B); and each of the first subpixel and the second subpixel has a diameter less than 15 micrometers (see at least paragraph [0047], where the size of the pixels is from about 10 micrometers to about 50 micrometers).
Regarding claim 18, Nashner as modified by Wang discloses all of the limitations of claim 17.
Wang also teaches that the set of subpixels is a first set of subpixels that defines a first pixel having a first pixel color (see at least Fig. 31(d)).
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 device of Nashner as modified by Wang to include the further teachings of Wang so that the set of subpixels is a first set of subpixels that defines a first pixel having a first pixel color for the purpose of obtaining the desired colors for the image.
Nashner as modified by Wang does not specifically disclose that the image further comprises a second set of subpixels, different than the first set of subpixels, and the second set of subpixels defines a second pixel having a second pixel color that is different from the first pixel color.
However, it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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 device of Nashner as modified by Wang so that the image further comprises a second set of subpixels, different than the first set of subpixels, and the second set of subpixels defines a second pixel having a second pixel color that is different from the first pixel color for the purpose of creating a full image from sets of subpixels.
Regarding claim 19, Nashner as modified by Wang discloses all of the limitations of claim 18.
Nashner also discloses that the region of the exterior surface is a first region that has a first texture; and a second region of the exterior surface that surrounds the first region has a second texture that is different from the first texture (see at least Fig. 8B and paragraph [0115], where interface 876 has a rougher texture).
Claims 4-5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0299336 to Nashner (hereafter Nashner), in view of “Structural color generation: from layered thin films to optical metasurfaces” to Wang et al. (hereafter Wang) as applied to claims 2 and/or 19 above, and further in view of US 2022/0341585 to Perry et al. (hereafter Perry).
Regarding claim 4, Nashner as modified by Wang disclose all of the limitations of claim 2.
Nashner also discloses that the image is formed at a marking region of the exterior surface; a frame region of the exterior surface surrounds the image and the marking region is recessed with respect to the frame region (see at least Figs. 6A-6D and paragraph [0096]).
Nashner as modified by Wang does not specifically disclose that the housing member is formed from a polymer material.
However, Perry teaches an electronic device comprising a housing member that can be formed from a variety of materials, including a polymer material (see at least paragraph [0015]).
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 device of Nashner as modified by Wang to include the teachings of Perry so that the housing member is formed from a polymer material for the purpose of using a known material in the art in order to obtain predictable results such as durability and manufacturability.
Regarding claim 5, Nashner as modified by Wang and Perry disclose all of the limitations of claim 4.
Nashner also discloses that pixels of the plurality of pixels are recessed with respect to the frame region of the exterior surface (see at least Figs. 6A-6D).
Regarding claim 20, Nashner as modified by Wang discloses all of the limitations of claim 18.
Nashner also discloses that the housing member defines a recess and the first region of the exterior surface defines a bottom of the recess (see at least Fig. 8B).
Nashner as modified by Wang does not specifically disclose that the housing member is formed of a polymer material.
However, Perry teaches an electronic device comprising a housing member that can be formed from a variety of materials, including a polymer material (see at least paragraph [0015]).
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 device of Nashner as modified by Wang to include the teachings of Perry so that the housing member is formed of a polymer material for the purpose of using a known material in the art in order to obtain predictable results such as durability and manufacturability.
Claims 8 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0299336 to Nashner (hereafter Nashner), in view of US 2024/0053791 to Kim et al. (hereafter Kim).
Regarding claim 8, Nashner discloses an electronic device (see at least the abstract) comprising: an enclosure comprising: a housing member defining an exterior surface of the electronic device (see at least Fig. 1a and paragraph [0015]); and a multicolored marking disposed over a surface of the housing member and comprising an array of pixels (see at least Fig. 1a and paragraphs [0005]-[0006]), the array of pixels including: a plurality of first pixels, each of the first pixels having a first color and comprising a first layer that contributes to the first color; and a plurality of second pixels, each of the second pixels having a second color, different from the first color; and comprising a second layer, different from the first layer, that contributes to the second color (see at least Fig. 2B and paragraphs [0008]-[0009] and [0066]-[0067], where 232 are first pixels and 234 are second pixels); and a battery positioned within the enclosure (see at least Fig. 13 and paragraph [0015]), where the first and second layers comprise metal oxide layers grown using a laser-based process (see at least paragraphs [0016]-[0017]) and where the metal oxide can be a titanium oxide (see at least paragraph [0071]).
Nashner does not specifically disclose that the layers are laser-deposited.
However, Kim teaches an electronic device including a housing (see at least the abstract), wherein layers of SiO2 or TiO2 are deposited via laser-deposition (see at least paragraph [0086]).
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 device of Nashner to include the teachings of Kim so that the layers are laser-deposited for the purpose of using a known deposition method in order to obtain predictable results such as controlling thicknesses of the various layers.
Regarding claim 13, Nashner as modified by Kim discloses all of the limitations of claim 8.
Nashner also discloses that the first laser-deposited layer is formed from a first material; and the second laser-deposited layer is formed from a second material, different from the first material (see at least paragraph [0013], where the pixels include different metal oxides).
Regarding claim 14, Nashner as modified by Kim discloses all of the limitations of claim 8.
Nashner also discloses that the first laser-deposited layer has a first thickness; and the second laser-deposited layer has a second thickness greater than the first thickness (see at least Fig. 2B and paragraph [0008]).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0299336 to Nashner (hereafter Nashner), in view of US 2024/0053791 to Kim et al. (hereafter Kim) as applied to claim 8 above, and further in view of “Structural color generation: from layered thin films to optical metasurfaces” to Wang et al. (hereafter Wang).
Regarding claim 9, Nashner as modified by Kim discloses all of the limitations of claim 8.
Nashner as modified by Kim does not specifically disclose that each of the first pixels includes a first multilayer structure that comprises the first laser-deposited layer; and each of the second pixels comprises a second multilayer structure that comprises the second laser-deposited layer.
However, Wang teaches structural color generation comprising an image comprising a plurality of pixels, the plurality of pixels including: a first pixel configured to produce a first color and a second pixel configured to produce a second color, wherein each of the first pixels includes a first multilayer structure that comprises a first metal oxide layer; and each of the second pixels comprises a second multilayer structure that comprises a second metal-oxide layer (see at least Figs. 5 and 21 where an interference layer comprising TiO2 is sandwiched between metallic layers comprising Ag (silver), the thickness of the TiO2 layer being adjusted to produce a particular color, the plurality of pixels being designed to form an image).
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 device of Nashner as modified by Kim to include the teachings of Wang so that each of the first pixels includes a first multilayer structure that comprises the first laser-deposited layer; and each of the second pixels comprises a second multilayer structure that comprises the second laser-deposited layer for the purpose of using a Fabry-Perot cavity to generate structure colors (see at least the left column of page 1026).
Regarding claim 10, Nashner as modified by Kim and Wang discloses all of the limitations of claim 9.
Nashner also discloses that the first multilayer structure further comprises a first transparent cover layer disposed over the first laser-deposited layer; and the second multilayer structure further comprises a second transparent cover layer disposed over the second laser-deposited layer (see at least paragraph [0063], where a transparent layer coats the marking to provide additional protection).
Regarding claim 11, Nashner as modified by Kim and Wang discloses all of the limitations of claim 9.
Wang also teaches that the first multilayer structure comprises: a first reflective layer disposed over a first portion of the surface of the housing member; the first laser-deposited layer disposed over the first reflective layer and formed from a first translucent material; and a first partially reflective layer disposed over the first laser-deposited layer; and the second multilayer structure comprises: a second reflective layer disposed over a second portion of the surface of the housing member; the second laser-deposited layer disposed over the second reflective layer and formed from a second translucent material; and a second partially reflective layer disposed over the second laser-deposited layer (see at least Figs. 5 and 21 where an interference layer comprising TiO2 is sandwiched between metallic layers comprising Ag (silver), the thickness of the TiO2 layer being adjusted to produce a particular color, the plurality of pixels being designed to form an image).
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 device of Nashner as modified by Kim and Wang to include the further teachings of Wang so that the first multilayer structure comprises: a first reflective layer disposed over a first portion of the surface of the housing member; the first laser-deposited layer disposed over the first reflective layer and formed from a first translucent material; and a first partially reflective layer disposed over the first laser-deposited layer; and the second multilayer structure comprises: a second reflective layer disposed over a second portion of the surface of the housing member; the second laser-deposited layer disposed over the second reflective layer and formed from a second translucent material; and a second partially reflective layer disposed over the second laser-deposited layer for the purpose of using a Fabry-Perot cavity to generate structure colors (see at least the left column of page 1026).
Regarding claim 12, Nashner as modified by Kim and Wang discloses all of the limitations of claim 11.
Nashner also discloses that each of the first translucent material and the second translucent material is an inorganic dielectric material (see at least paragraph [0071]) and that the device produces colors at least in part through optical interference (see at least paragraph [0008]).
Wang also teaches that each of the first reflective layer and the second reflective layer is formed from a first metal; each of the first partially reflective layer and the second partially reflective layer is formed from a second metal; each of the first translucent material and the second translucent material is an inorganic dielectric material; the first multilayer structure produces the first color at least in part through a first optical interference; and the second multilayer structure produces the second color at least in part through a second optical interference (see at least Figs. 5 and 21 where an interference layer comprising TiO2 is sandwiched between metallic layers comprising Ag (silver), the thickness of the TiO2 layer being adjusted to produce a particular color, the plurality of pixels being designed to form an image).
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 device of Nashner as modified by Kim and Wang to include the further teachings of Wang so that each of the first reflective layer and the second reflective layer is formed from a first metal; each of the first partially reflective layer and the second partially reflective layer is formed from a second metal; each of the first translucent material and the second translucent material is an inorganic dielectric material; the first multilayer structure produces the first color at least in part through a first optical interference; and the second multilayer structure produces the second color at least in part through a second optical interference for the purpose of using a Fabry-Perot cavity to generate structure colors (see at least the left column of page 1026).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Stepwise-Nanocavity-Assisted Transmissive Color Filter Array Microprints” to Wang et al. discloses visible light color filters using patterned nanostructures comprising a stack of silver, silicon oxide (SiO2) and silver (see at least the abstract and Figs. 1 and 3).
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/A.W.B./ Examiner, Art Unit 2872
/Derek S. Chapel/Primary Examiner, Art Unit 2872
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