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 .
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, 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.
Claim(s) 1-4, 6, 11, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houck (US 2022/0363084, cited by applicant) in view of Zhou et al. (US 2023/0053851).
Regarding claim 1, Houck teaches an optical marking (optical security features, [0012]) label (security article), comprising: a plurality of elementary cells (fig. 2A, [0023]-[0025]); wherein one or more first element cells of the plurality of elementary cells each comprise at least one Fano resonance filter formed by a periodic structure material (108 or 214, [0020] and [0025]).
Houck further teaches the optical marking printed with color shifting ink ([0012]) and the periodic structure material includes amorphous silicon ([0020]) but silent to phase-change material.
However, Zhou teaches optical feature comprising a plurality of elementary cells and wherein one or more first elementary cells of the plurality cells each comprises at least one Fano resonance filter formed by a periodic structure made of a phase-change material ([0044], [0046], [0047], [0050] and [0057]).
In view of Zhou’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Houck by incorporating the teaching as taught by Zhou in order to arrive at the claimed invention.
Regarding claim 2, Houck as modified by Zhou teaches all subject matter claimed as applied above. Both Houck and Zhou further teach wherein the periodic structure comprises an array of pads (Houck: fig. 2B. Zhou: fig. 2C).
Regarding claim 3, Houck as modified by Zhou teaches all subject matter claimed as applied above. Houck as modified by Zhou teaches all subject matter claimed as applied above. Both Houck and Zhou further teach wherein the one or more first elementary cells each comprising a single Fano resonance filter (Houck: [0024] and [0028]. Zhou: [0044]).
Regarding claim 4, Houck as modified by Zhou teaches all subject matter claimed as applied above. Houck further teaches wherein the one or more first elementary cells comprise a plurality of first elementary cells with Fano resonance filters having different central frequencies (fig. 2C and [0028]-[0034]).
Regarding claim 6, Houck as modified by Zhou teaches all subject matter claimed as applied above. Houck further teaches wherein the plurality of elementary cells further comprise one or more second elementary cells, wherein each second elementary cell is devoid of a Fano resonance filter (fig. 2C, [0036]).
Regarding claim 11, Houck teaches a device (408) for reading an optical marking label (402, [0012]) comprising a plurality of elementary cells (fig. 2A, [0023]-[0025]); wherein one or more first element cells of the plurality of elementary cells each comprise at least one Fano resonance filter formed by a periodic structure material (108 or 214, [0020] and [0025]); a visible image sensor (414-1 and 414-2) intended to capture an image of the optical marking label; and a light source (410 and 412) configured to illuminate the label, the light source comprising one or a plurality of elementary sources, wherein a central emission frequency or frequencies of the elementary source(s) are substantially equal to a central frequency or frequencies of the Fano resonance filter(s) of the optical marking label (figs. 4B-4C, 6; [0044]-[0051]).
Houck further teaches the optical marking printed with color shifting ink ([0012]) and the periodic structure material includes amorphous silicon ([0020]) but silent to phase-change material.
However, Zhou teaches optical feature comprising a plurality of elementary cells and wherein one or more first elementary cells of the plurality cells each comprises at least one Fano resonance filter formed by a periodic structure made of a phase-change material ([0044], [0046], [0047], [0050] and [0057]).
In view of Zhou’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Houck by incorporating the teachings as taught by Zhou in order to arrive at the claimed invention.
Regarding claims 13 and 14, the claims are corresponding method claims and recite similar subject matter as in claim 11. Therefore, similar rationale is applied as for claim 11 above.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houck as modified by Zhou as applied to claim 1 above, and further in view of Sun et al. (WO 2016/064859A1).
Regarding claim 5, Houck as modified by Zhou teaches all subject matter claimed as applied above except for wherein the one or more first elementary cells each comprise a stack of at least two Fano resonance filters as claimed.
However, Sun teaches elementary cells having two Fano resonance filters as claimed (fig. 3C and [0040]).
In view of Sun’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Houck and Zhou by incorporating the teaching as taught by Sun in order to arrive at the claimed invention.
Claim(s) 7-10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Houck as modified by Zhou and Le Neel et al. (US 2021/0172791, cited by applicant).
Regarding claim 7, Houck teaches a device (408) for reading an optical marking label (402, [0012]) comprising a plurality of elementary cells (fig. 2A, [0023]-[0025]); wherein one or more first element cells of the plurality of elementary cells each comprise at least one Fano resonance filter formed by a periodic structure material (108 or 214, [0020] and [0025]); a light sensor (414-1 and 414-2) and a source of white light (410 and 412) configured to illuminate the optical marking label (figs. 4B-4C; [0044]-[0051]).
Houck further teaches the optical marking printed with color shifting ink ([0012]) and the periodic structure material includes amorphous silicon ([0020]) and one or more optical filters disposed over the plurality of sensor elements ([0047]) but silent to phase-change material and the light sensor further comprising limitations as claimed.
However, Zhou teaches optical feature comprising a plurality of elementary cells and wherein one or more first elementary cells of the plurality cells each comprises at least one Fano resonance filter formed by a periodic structure made of a phase-change material ([0044], [0046], [0047], [0050] and [0057]). Moreover, Le Neel teaches light sensor comprising the limitations as claimed (figs. 1, 7A-7B, [0047], [0059], [0063] and [0070]-[0079]).
In view of Zhou’s and Le Neel’s teachings, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Houck by incorporating the teachings as taught by Zhou and Le Neel in order to arrive at the claimed invention.
Regarding claim 8, Houck as modified by Zhou and Le Neel teaches all subject matter claimed as applied above. Le Neel further teaches wherein each pixel of the light sensor further comprises a second photodetector devoid of a Fano resonance filter (the abstract and [0070]).
Regarding claim 9, Houck as modified by Zhou and Le Neel teaches all subject matter claimed as applied above. Le Neel further teaches wherein the light sensor further comprises at least one anode region common to a plurality of pixels (0075]).
Regarding claim 10, Houck as modified by Zhou and Le Neel teaches all subject matter claimed as applied above. Le Neel further teaches wherein the Fano resonance filter of the first photodetector comprises a period structure comprising an array of pads (fig. 7B, [0108] and [0109]).
Regarding claim 12, Houck teaches a system, comprising: an optical marking (optical security features, [0012]) label (security article), comprising: a plurality of elementary cells (fig. 2A, [0023]-[0025]); wherein one or more first element cells of the plurality of elementary cells each comprise at least one Fano resonance filter formed by a periodic structure material (108 or 214, [0020] and [0025]); and a device for reading an optical marking label (fig. 4B-4C), comprising: a light sensor (414-1 and 414-2); and a source of white light (410 and 412) configured to illuminate the optical marking label ([0044]-[0054]).
Houck further teaches the optical marking printed with color shifting ink ([0012]) and the periodic structure material includes amorphous silicon ([0020]) and one or more optical filters disposed over the plurality of sensor elements ([0047]) but silent to phase-change material and the light sensor further comprising limitations as claimed.
However, Zhou teaches optical feature comprising a plurality of elementary cells and wherein one or more first elementary cells of the plurality cells each comprises at least one Fano resonance filter formed by a periodic structure made of a phase-change material ([0044], [0046], [0047], [0050] and [0057]). Moreover, Le Neel teaches light sensor comprising the limitations as claimed (figs. 1, 7A-7B, [0047], [0059], [0063] and [0070]-[0079]).
In view of Zhou’s and Le Neel’s teachings, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Houck by incorporating the teachings as taught by Zhou and Le Neel in order to arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
References: Seo et al. (US 2024/0290732); Li et al. (CN 116577867A); Schossmann et al. (US 2022/0412779); Houck (US 2022/0365263); Wei et al. (US 2015/0080253) and Duan (WO 2013/039454A1) are cited because they are related to optical label having Fano resonance filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM.
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/TUYEN K VO/Primary Examiner, Art Unit 2876