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 .
DETAILED ACTION
Information Disclosure Statement
1. The references disclosed within the information disclosure statement (IDS) submitted on February 5, 2025, has been considered and initialed by the Examiner.
Claim Rejections – 35 USC 112
2. 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.
3. Claims 7, 9-12, 14, 16-18 and 20 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
In claims 7, 9, 14, 16, 18 and 20, the phrase, “the charged dye” is indefinite. There is insufficient antecedent basis for this limitation in the claim, as claim 1 does not recite a charged dye. At best, instant claim 1 discloses a charged dyem+ and a charged dyem-.
In claim 10, the phrase, “first charged dye” and “second charged dye” is indefinite. It is unclear which charged dye is the first and second, as instant claim 1 does not appear to disclose a first charged dye and second charged dye. At best, instant claim 1 discloses a charged dyem+ and a charged dyem-.
In claims 11-12, the phrase, “ratio of about one part charged dye component” is indefinite. It is unclear which charged dye is being referred to, as instant claim 1 discloses a charged dyem+ and a charged dyem-.
Claim Rejections – 35 USC § 103
4. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
5. Claims 1-3, 5, 13, 15, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Benson et al. (Plug and Play optical materials from fluorescent dyes and macrocyles).
Benson discloses small-molecule ionic isolation lattices (SMILES) (page 1978, first paragraph). Benson discloses SMILES-doped gain media comprising a polymeric host component, wherein the polymer component comprises the SMILES-doped gain media and a SMILES component (page 1991 para 2: "thin film applications, such as, exciton upconversion, and solid-state dye lasers"; (page 1985 paragraph 3).
Benson discloses the SMILES-doped polymers all reinstated the emission at the same dye loadings by weight"), and wherein the SMILES component is selected from a group of compounds having at least one of the following formulas: (charged dye(m+)x*(counterion(n->)y*(counteron receptor)z, wherein the charged dye(m+) is a cationic dye, the counterion(n-) is an anion, and the counterion receptor is a binding ligand for the counterion(n-). The values of m, n, X and y are integers greater than or equal to 1 and products of x*n and m*y are identical (page 1980 Fig.2; anionic complex of rhodamine 3B perchlorate and cyanostar; and page 1981 paragraph 4: "we use commercially available rhodamine 3B perchlorate (R3B*CIO4; Figure 2D) combined with two equivalents of the anion- binding cyanostar (Figure 2E) the counteranions for the dye form complexes with the cyanostar and the resulting disc-like 2:1 cyanostar -anion complexes direct packing into an alternating charge-by-charge assembly"; i.e., m, n, X, y = 1 and Z = 2, thus, making x*n and m*y products also equal to 1 each). Whereas Smiles does not specifically disclose wherein the polymer component comprises between 90- 99.99% of the SMILES-doped gain media by weight, and wherein the SMILES component comprises between 0.01-10% of the SMILES- doped gain media by weight (i.e., specific weight ratio of the aforementioned ingredients), in view of the above disclosure, it would have been obvious for the person of ordinary skill in the art to adjust the said media content to be within the specified range in the course of routine experimentation in order to adjust and/or better control the optical properties of the manufactured materials. Material can be selected from one or more of the following: polystyrene (page 1992 paragraph 3 and Fig. 10), polycarbonate (page 1992 para 3 and Regarding claim 2, Benson discloses the SMILES-doped gain media of claim 1. Benson further discloses wherein the polymeric host Fig. 10), polyurethane (page 1992 Fig. 10; page 1994 paragraph 8: "polymer films were made by mixing rhodamine SMILES powders into liquid forms of the polyurethane"), aqueous gels, organogels, sol gels, or glasses, as in claims 1-3.
Concerning claim 5, Benson discloses the SMILES-doped gain media further comprising a second polymeric host component (page 1994 paragraph 8: "Preparations of Thin Films, Single Crystals, and Polymer Blends Polymer films were made by mixing rhodamine SMILES powders into liquid forms of the polyurethane, compounding rhodamine SMILES with polystyrene, PC, poly(methyl methacrylate), and PP using a heat press and extruder, mixed into solid forms of the polymer with the aid of heat or physically mixed into photopolymer resin"; the latter disclosure can be unequivocally construed as the use of polymer combination, i.e., second polymer in addition to the aforementioned polyurethane ingredient).
Concerning claim 8, Benson discloses the counterion receptor ratio can be construed as the said excess to favor formation of a SMILES lattice (page 1986 paragraph 1).
Concerning claims 13, 15, 17 and 19, Benson discloses small-molecule ionic isolation lattices (SMILES) (page 1978, first paragraph). Benson discloses SMILES-doped gain media comprising a polymeric host component, wherein the polymer component comprises the SMILES-doped gain media and a SMILES component (page 1991 para 2: "thin film applications, such as, exciton up conversion, and solid-state dye lasers"; (page 1985 paragraph 3).
Benson discloses the SMILES-doped polymers all reinstated the emission at the same dye loadings by weight"), and wherein the SMILES component is selected from a group of compounds having at least one of the following formulas: (charged dye(m+)x*(counterion(n->)y*(counter on receptor)z, wherein the charged dye(m+) is a cationic dye, the counterion(n-) is an anion, and the counterion receptor is a binding ligand for the counterion(n-). The values of m, n, X and y are integers greater than or equal to 1 and products of x*n and m*y are identical (page 1980 Fig.2; anionic complex of rhodamine 3B perchlorate and cyanostar; and page 1981 paragraph 4: "we use commercially available rhodamine 3B perchlorate (R3B*CIO4; Figure 2D) combined with two equivalents of the anion- binding cyanostar (Figure 2E) the counteranions for the dye form complexes with the cyanostar and the resulting disc-like 2:1 cyanostar -anion complexes direct packing into an alternating charge-by-charge assembly"; i.e., m, n, X, y = 1 and Z = 2, thus, making x*n and m*y products also equal to 1 each). Whereas Smiles does not specifically disclose wherein the polymer component comprises between 90- 99.99% of the SMILES-doped gain media by weight, and wherein the SMILES component comprises between 0.01-10% of the SMILES- doped gain media by weight (i.e., specific weight ratio of the aforementioned ingredients), in view of the above disclosure, it would have been obvious for the person of ordinary skill in the art to adjust the said media content to be within the specified range in the course of routine experimentation in order to adjust and/or better control the optical properties of the manufactured materials. Material can be selected from one or more of the following: polystyrene (page 1992 paragraph 3 and Fig. 10), polycarbonate (page 1992 para 3 and Regarding claim 2, Benson discloses the SMILES-doped gain media of claim 1. Benson further discloses wherein the polymeric host Fig. 10), polyurethane (page 1992 Fig. 10; page 1994 paragraph 8: "polymer films were made by mixing rhodamine SMILES powders into liquid forms of the polyurethane"), aqueous gels, organogels, sol gels, or glasses.
Claim Objections
6. Claims 4, 6 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 closest prior art does not teach or suggest the recited SMILES-doped gain media further including where the gain media is contained within a cavity between transparent plates, where the cavity thickness is defined by a spacer. The closest prior art does not teach or suggest the recited SMILES-doped gain media further including a nanoparticulate solution, and the polymeric host component is a liquid host component that can be selected from one or more of organic solvents, water, surfactant, and buffer stabilized aqueous solutions, or mixtures of water with soluble organic solvents.
The prior art does not teach motivation or suggestion for modification to make the invention as instantly claimed.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lawrence Ferguson whose telephone number is 571-272-1522. The examiner can normally be reached on Monday through Friday 9:00 AM – 5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frank Vineis, can be reached on 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE D FERGUSON/Examiner, Art Unit 1781
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