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 § 102
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 –
(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.
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang et al. (US 2011/0109821) as evident by nanoComposix.
As to claim 17, Tang et al. discloses a plasmonic display device comprising a substrate (306 of Fig. 3); a first dielectric layer (layer 318 of Fig. 3) on the substrate; and a first layer of plasmonic nanoparticles (see 320 of Fig. 3).
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Tang et al. does not explicitly state plasmonic nanoparticles are configured to absorb, reflect, scatter, and transmit light. Tang et al. does states the plasmonic material can absorb and scatter light and its ability to do so can be varied by changing the properties of the particles (see 0051). As evident by NanoComposix, plasmonic are capable of absorbing, scattering, transmitting and reflecting light. NanoComposix states that plasmonic nanoparticles can be tuned to absorb (reflect), scatter or both (see plasmonic nanoparticles vs. standard pigments and dyes and perceived color). The scattering is a type of reflection and transmitting is a function of what light is absorbed and what is not (see pages 2-3).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimura et al. (US 2013/0258456).
As to claims 17 and 18, Hashimura et al. discloses a transparent solar film (see abstract) comprising a dielectric layer (102(a) of Fig. 1E); metal nanoparticles (104 of Fig. 1E) over the dielectric layer; a second dielectric layer (102b); and a second layer of plasmonic nanoparticles (metal oxide nanocrystals over the second dielectric layer (see 5A) (see 0047, 0055-0056). As to claim 10, the nanoparticles can have a prismatic shape (see 0029, 0051, 0055). As to claim 11, the nanoparticles can be applied as prismatic shapes (see 0055). As to claim 13, each of the plasmonic nanoparticles (first and second) have a plasmonic resonance wavelength (see abstract). Hashimura et al. state the particles are capable of absorbing, reflecting, scattering and transmitting light (see 0029, 0033-32, 0071 and 0075).
As to claim 19, the plasmonic nanoparticle are made of metal oxide (see 0055-0056).
As to claim 20, the second film can comprise a metal oxide (see claim 16).
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)( as being anticipated by Saito (US 2006/0274315) as evident by nanoComposix.
As to claim 17, Saito discloses an article having plasmonic nanoparticles (see abstract, 0019). The article comprising a first layer (dielectric layer) (12 of Fig. 1B) on a substrate (11 of Fig. 1B) and a layer of plasmonic nanoparticles on the first layer (14 of Fig. 1B, 0021)(see 0018, 0019). Saito states the plasmon material can absorb light and its ability to absorb light may be varied by changing the properties of the particles (see 0019). Saito does not explicitly state the particles can scatter, reflect or transmit light as required by claim 1. However, these are properties of plasmon particles as evident by nanoComposix. NanoComposix states that plasmonic nanoparticles can be tuned to absorb (reflect), scatter or both (see plasmonic nanoparticles vs. standard pigments and dyes and perceived color). The scattering is a type of reflection and transmitting is a function of what light is absorbed and what is not (see pages 2-3).
Allowable Subject Matter
Claims 1-16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Placido et al. “Electroactive Layer-by-Layer Plasmonic Architectures Based on Au Nanorods” discloses an article having plasmonic nanoparticles (see title, abstract). The article comprises a polyelectrolyte layer on a substrate (PSS, see Layer by Layer Assembly of Au NRs pg. 2609); a gold nanorods are applied over the layer (see Layer by Layer Assembly of Au NRs pg 2609); and a second layer of nanorods are applied over the layer (subsequent deposition of bilayers, see Layer by Layer Assembly of Au NRs pg. 2609). Placido et al. does state the plasmon coupling among the metal nanorods is dependent upon the nanorod orientation (see page 2611). When the nanorods are randomly organized there is a dampening in the plasmon band of the spectroscopy (see 2610). Placido et al. fails to teach the orientation of the first layer is parallel to the polyelectrolyte layer or that the nanoparticles in the second layer are randomly orientated as required by claim 1 or that either the first or a second dielectric layer comprise s a polymer as required by claim 11.
Conclusion
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/CACHET I. PROCTOR/
Examiner
Art Unit 1715
/CACHET I PROCTOR/ Primary Examiner, Art Unit 1715
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