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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/05/2025 has been considered by the examiner.
Response to Arguments
Applicant argues that prior art of record Gao teaches a flurosilane coupling agent fails to satisfy the requirements as a release agent. The examiner respectfully disagrees since, fluoro silane coupling agents are used as high-performance release agents. they are used as non-stick coatings, particularly in anti-reflective, anti-fouling, and mold-release applications.
While many silane coupling agents are used to bond materials together, fluorinated silanes are unique. They combine the coupling reactivity (forming a bond with a substrate) with low-surface-energy fluorocarbon chains, making them excellent, durable release coatings. (see website:https://www.google.com/search?q=is+fluorosilane+coupling+agent+a++rellease+agent&safe=active&sca_esv=ae1e161c6b0f2947&rlz=1C1GCEA_enUS1099US1099&biw=1705&bih=847&aic=0&ei=tauAadbfAavAp84Pw6erkQQ&ved=0ahUKEwiWjqzg-bqSAxUr4MkDHcPTKkIQ4dUDCBE&uact=5&oq=is+fluorosilane+coupling+agent+a++rellease+agent&gs_lp=Egxnd3Mtd2l6LXNlcnAiMGlzIGZsdW9yb3NpbGFuZSBjb3VwbGluZyBhZ2VudCBhICByZWxsZWFzZSBhZ2VudDIHECEYChigATIHECEYChigATIFECEYqwIyBRAhGKsCMgUQIRirAkjCKlDcBFiyKXADeAGQAQCYAYMBoAGIEaoBBDUuMTW4AQPIAQD4AQGYAhegAvkRwgIKEAAYRxjWBBiwA8ICBhAAGBYYHsICCxAAGIAEGIoFGIYDwgIFEAAY7wXCAggQABiABBiiBMICBRAhGKABmAMAiAYBkAYIkgcENy4xNqAHiHCyBwQ0LjE2uAfnEcIHBzEuMTEuMTHIB0SACAE&sclient=gws-wiz-serp)
Therefore, the examiner has interpreted that the flurosilane coupling agent to be a release agent.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a flat surface is not a surface of a blank or substrate) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Independent Claims 19 and 23 fail to state the limitation a flat surface is not a surface of a blank or substrate.
Claim 10 states “A method of producing a waveguide assembly, comprising: providing a blank having a first surface and a second surface, wherein said first and second surfaces are not flat or are not parallel to each other; providing a flat surface”.
Claim 19 states “A method of producing a waveguide assembly, comprising: providing a blank having a first surface and a second surface, wherein said first and second surfaces are not flat or are not parallel to each other; providing a flat surface”.
Claim 23 states “A method of producing a waveguide assembly, comprising: providing a blank having a first surface and a second surface, wherein said first and second surfaces are not flat or are not parallel to each other; providing a flat surface”.
Applicant argues that prior art Dhar fails to teach “wherein said coating forms an outer surface of said waveguide assembly, and wherein one or more diffraction gratings are disposed in said outer surface”. The applicant further argues that Dhar fails to teach gratings disposed in upper cladding 26. The examiner respectfully disagrees with applicants’ interpretation of the claim language. The examiner provides a different interpretation of the claims. The claim specifies the “coating forms an outer surface of said waveguide assembly”. The examiner interprets that the coating is any surface that is that covers an inner surface could be considered an outer surface. Applicant is arguing the outermost surface which is different than just an outer surface. Therefore, Dhar explicitly teaches wherein one or both of the surfaces of the first or second or third substrate contain a surface relief pattern or a diffractive grating. Which specifies to surfaces 104, 106, 114 are the first second and third substrates which are outer surfaces with respect to surface 102.
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.
Claims 10-24 are rejected under 35 U.S.C. 103 as being unpatentable over Dhar (US Patent Publication Number 2003/0044577 A1) in view of Gao (US Patent Publication Number 2003/0086679 A1).
Dhar teaches, as claimed in claim 10, a method of producing a waveguide assembly (Fig. 6), comprising: providing a blank (106) having a first surface and a second surface, wherein said first and second surfaces are not flat or are not parallel 1to each other applying a coating (104) applying said first surface of said blank (106) to said coating (104), providing a flat surface (102), wherein said first surface is positioned a predetermined distance from said flat surface (Figs 6d-6f) and curing said coating (¶0070), whereby said coating (104) is coupled with said first surface (104 is coupled with layer 110 on the first surface), wherein said coating (104) forms an outer surface of said waveguide assembly (104 is the second surface from the outer most surface), and wherein one or more diffraction gratings are disposed in said outer surface (104,” wherein one or both of the surfaces of the first or second or third substrate contain a surface relief pattern or a diffractive grating, ¶0070 and claim 17). Dhar fails to teach providing a flat surface applying a release agent to said flat surface. Gao teaches a method of producing a waveguide assembly (100), comprising applying a release agent to said flat surface (¶0028 “applying flurosilane to substrate 10 (flat surface)”), applying a coating (22) over said release agent, wherein said coating forms an outer surface of said waveguide assembly (Fig. 2).
It would have been obvious to one of the ordinary skill of the before the effective filling date of the claimed invention to have modified the waveguide assembly, as taught by Dhar, with the release agent, as taught by Gao, for the purpose of providing a way to remove any adhesive residue which may be present on the surface of the substrate (¶0028).
Dhar teaches, as claimed in claim 11, further comprising measuring said distance between said blank and said flat surface (¶0040).
Dhar teaches, as claimed in claim 12, wherein said coating (104) is a first coating, further comprising: removing said blank (106) from said flat surface to said flat surface (12, Figure 6d shows separation), applying a second coating (108)), applying a second surface of said blank (106) to second coating (108) wherein said second surface is positioned a predetermined distance from said flat surface (102) (¶0040) and curing said second coating, whereby said second coating (108) is coupled with said second surface (bottom surface of 106). Dhar fails to teach providing a flat surface applying a release agent to said flat surface. In a related art, Gao teaches a method of producing a waveguide assembly (100), comprising applying a release agent to said flat surface (¶0028 “applying flurosilane to substrate 10 (flat surface)”), applying first coating (22), applying a second coating (26) over said release agent, applying said second surface of said blank to said second coating (22), wherein said coating forms an outer surface of said waveguide assembly (Fig. 2).
It would have been obvious to one of the ordinary skill of the before the effective filling date of the claimed invention to have modified the waveguide assembly, as taught by Dhar, with the release agent, as taught by Gao, for the purpose of providing a way to remove any adhesive residue which may be present on the surface of the substrate (¶0028).
Dhar teaches, as claimed in claim 13, wherein said first coating comprises a first index of refraction and said second coating comprises a second index of refraction (¶0099).
Dhar teaches, as claimed in claim 14, wherein said first index of refraction is equal to said second index of refraction (¶0099).
Dhar teaches, as claimed in claim 15, wherein said first and second coatings comprise an optical adhesive (¶0069).
Dhar teaches, as claimed in claim 16, wherein said second coating (114) forms a second outer surface of said waveguide assembly (would be on the second surface of the other end of the waveguide which is outer) one or more diffraction gratings are disposed in said second surface (¶0070, claim 17).
Dhar teaches, as claimed in claim 17, further comprising rotating said flat surface whereby said coating is evenly dispersed over said first surface of said blank prior to curing said coating (¶0101).
Dhar teaches, as claimed in claim 18, further comprising subjecting said blank (106) to at least a partial vacuum whereby said blank first surface is positioned closer to parallel with said flat surface prior to curing said coating (0070).
Dhar teaches, as claimed in claim 19, a method of producing a waveguide assembly (Fig. 6), comprising: providing a blank (106) having a first surface and a second surface, providing a flat surface (102) applying a coating (104) applying said first surface of said blank (106) to said coating (104), wherein said first surface is positioned a predetermined distance from said flat surface (Figs 6d- 6f) and curing said coating, wherein said blank (106) is suspended from said flat surface via said coating and curing said coating, whereby said coating is coupled with said blank first surface (¶0101), and wherein one or more diffraction gratings are disposed in said outer surface (104,” wherein one or both of the surfaces of the first or second or third substrate contain a surface relief pattern or a diffractive grating, ¶0070 and claim 17). Dhar fails to teach applying a release agent to said flat surface. Gao teaches a method of producing a waveguide assembly (100), comprising applying a release agent to said flat surface (¶0028 “applying flurosilane to substrate 10 (flat surface)”), applying a coating (20) over said release agent, wherein said coating forms an outer surface of said waveguide assembly (Fig. 2).
It would have been obvious to one of the ordinary skill of the before the effective filling date of the claimed invention to have modified the waveguide assembly, as taught by Dhar, with the release agent, as taught by Gao, for the purpose of providing a way to remove any adhesive residue which may be present on the surface of the substrate (¶0028).
Dhar teaches, as claimed in claim 20, further comprising lowering said blank at least partially into a liquid prior to curing said coating (¶0104).
Dhar teaches, as claimed in claim 21, wherein capillary forces draw said coating to a peripheral edge of said first surface of said blank (¶0104).
Dhar teaches, as claimed in claim 22, wherein said coating (106) is a first coating, further comprising: removing said blank (114) from said flat surface applying said release agent to said flat surface applying a second coating over said release agent applying said second surface of said blank to said second coating (110), wherein said second surface is positioned a predetermined distance from said flat surface (¶ 0040) and curing said second coating, whereby said second coating is coupled with said second surface (¶ 0069).
Dhar teaches, as claimed in claim 23, a method of producing a waveguide assembly, comprising: providing a blank (106) having a first surface (top) and a second surface (bottom), wherein said first and second surfaces are not flat or are not parallel to each other (“wedge surfaces”), providing a flat surface (102), wherein said flat surface is different from said first surface and said second surface applying said first surface of said blank to said coating and curing said coating, whereby said coating is coupled with said first surface. Dhar fails to teach applying a release agent to said flat surface applying a coating over said release agent. Gao teaches a method of producing a waveguide assembly (100), comprising applying a release agent to said flat surface (¶0028 “applying flurosilane to substrate 10 (flat surface)”), applying a coating (20) over said release agent, applying a coating (20) over said release agent.
It would have been obvious to one of the ordinary skill of the before the effective filling date of the claimed invention to have modified the waveguide assembly, as taught by Dhar, with the release agent, as taught by Gao, for the purpose of providing a way to remove any adhesive residue which may be present on the surface of the substrate (¶0028).
Dhar fails to teaches, as claimed in claim 24, wherein said coating forms an outer surface of said waveguide assembly, and wherein one or more diffraction gratings are disposed in said outer surface (¶0070, Claim 17).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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, Ricky Mack can be reached on 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
04 February 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
1The limitation states parallel or not. The surfaces are not parallel because of the wedge configurations.