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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/04/2025 has been entered.
Response to Amendment
The amendments filed on 02/02/2026 are acknowledged and accepted. Claims 1-4, 6, 9, 21-23, and 26 are amended, and Claims 1-9, 11 and 21-29 remain pending in the application.
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.
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Claims 1-9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ono (US 20230333303 A1, of record) in view of Cho (US 20080088932 A1).
With respect to Claim 1, Ono discloses an optical device (Fig. 3-- element 12, light guide; See also: [0056]) comprising:
an optical device substrate (Fig. 4-- element 20, base; See also: [0066]) having a first outer surface (See annotated Fig. 4-- lower outer surface of element 20) and a second outer surface (See annotated Fig. 4-- upper outer surface of element 20) opposing the first outer surface (See annotated Fig. 4-- lower outer surface of element 20); and
a plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) disposed over the first outer surface (See annotated Fig. 4-- lower outer surface of element 20) of the optical device (Fig. 3-- element 12, light guide; See also: [0056]), the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) spaced apart from each other in a direction parallel ([0063]: half mirrors have space between them in a direction parallel to the first surface) to the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), and each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) of the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) including an optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) having an uppermost surface (Fig. 4-- topmost surface of element 20, base; see also: [0066]) over (Fig. 4-- the topmost surface of element 20 is disposed over element 32) the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), wherein the optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) of each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) comprises:
a first zone (Fig. 4-- element 47, layer; See also: [0078]) and a second zone (Fig. 4-- element 45, layer; See also: [0078]), the first zone (Fig. 4-- element 47, layer; See also: [0078]) positioned between (See Fig. 4—element 47 is between elements 45 and 20) the optical device substrate (Fig. 4-- element 20, base; See also: [0066]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) each include oxygen and nitrogen ([0078]: each layer may contain oxygen and nitrogen), and
the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) collectively include three or more metal, metalloid, or semiconductor elements ([0079]: each layer may contain at least one of seven different metals).
However, Ono does not explicitly disclose the first zone and the second zone each include only one of oxygen or nitrogen. Cho and Ono are related as bother pertaining to the field of optical films. Cho discloses an optical device film wherein the first zone (Fig. 1a—element 11, first material layer; see also: [0039]) and the second zone (Fig. 1a—element 14, second material layer; see also: [0039]) each include only one of oxygen or nitrogen ([0039]: elements 11 and 14 may be made of Titanium Oxide or Silicon Nitride). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical device film of Ono with the chemical composition of Cho in order to create optical films which have a multi-layer structure in which refractive index distribution gradually changes (Cho, [0010]).
With respect to Claim 2, Ono and Cho disclose the optical device film of claim 1, and Ono further discloses wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) includes two metal, metalloid, or semiconductor elements ([0079]: each layer may contain at least one of seven different metals), and
the second zone (Fig. 4-- element 45, layer; See also: [0078]) includes one metal, metalloid, or semiconductor element that is different ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals) than the two metal, metalloid, or semiconductor elements in the first zone (Fig. 4-- element 47, layer; See also: [0078]).
With respect to Claim 3, Ono and Cho disclose the optical device film of claim 1, and Ono further discloses wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) includes two or more metal, metalloid, or semiconductor elements, and
the second zone (Fig. 4-- element 45, layer; See also: [0078]) includes two or more metal, metalloid, or semiconductor elements that are different than the two or more metal, metalloid, or semiconductor elements in the first zone (Fig. 4-- element 47, layer; See also: [0078]) ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 4, Ono and Cho disclose the optical device film of claim 3, and Ono further discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein the third zone (Fig. 4-- element 46, layer; See also: [0078]) includes a metal, metalloid, or semiconductor element that is different than the two or more metal, metalloid, or semiconductor elements in the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 5, Ono and Cho disclose the optical device film of claim 1, and Ono further discloses wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) includes two or more metal, metalloid, or semiconductor elements,
the second zone (Fig. 4-- element 45, layer; See also: [0078]) includes two or more metal, metalloid, or semiconductor elements,
one metal, metalloid, or semiconductor element included in the first zone (Fig. 4-- element 47, layer; See also: [0078]) is a same element as one metal, metalloid, or semiconductor element included in the second zone (Fig. 4-- element 45, layer; See also: [0078]), and
one metal, metalloid, or semiconductor element included in the first zone (Fig. 4-- element 47, layer; See also: [0078]) is different than one metal, metalloid, or semiconductor element included in the second zone (Fig. 4-- element 45, layer; See also: [0078]) ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 6, Ono and Cho disclose the optical device film of claim 5, and Ono further discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein the third zone (Fig. 4-- element 46, layer; See also: [0078]) includes a metal, metalloid, or semiconductor element that is different than the two or more metal, metalloid, or semiconductor elements in first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) (Fig. 4-- element 45, layer; See also: [0078]) ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 7, Ono and Cho disclose the optical device film of claim 5, and Ono =further discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between (Fig. 4—element 46 is between elements 47 and 45) the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) comprises titanium, silicon, and oxygen ([0078] and [0079]: layer 47 may contain titanium, silicon, and oxygen),
the second zone (Fig. 4-- element 45, layer; See also: [0078]) comprises titanium, niobium, and oxygen ([0078] and [0079]: layer 45 may contain titanium, niobium and oxygen), and
the third zone (Fig. 4-- element 46, layer; See also: [0078]) comprises silicon and oxygen ([0078]: layer 46 may contain silicon, and oxygen).
With respect to Claim 8, Ono and Cho disclose the optical device film of claim 1, and Ono further discloses wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) includes two or more metal, metalloid, or semiconductor elements,
the second zone (Fig. 4-- element 45, layer; See also: [0078]) includes the same two or more metal, metalloid, or semiconductor elements ([0079]: each layer may contain at least one of seven different metals, the layers may contain the same metals).
With respect to Claim 9, Ono and Cho disclose the optical device film of claim 8, and Ono further discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein the third zone (Fig. 4-- element 46, layer; See also: [0078]) includes a metal, metalloid, or semiconductor element that is different than the two or more metal, metalloid, or semiconductor elements in the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 11, Ono and Cho disclose the optical device film of claim 1, and Ono further discloses wherein the three or more metal, metalloid, and semiconductor elements include three or more of Ti, Si, Nb, Ta, Al, In, Cr, Ru, Hf, Mg, Zr, V, Mo, W, Mn, Fe, Co, Ni, Cu, Zn, Ga, Sn, Bi, Sb, Gd, Pr, Sc, and Y ([0078]: the layers may include at least one of the following: ([0078]: layer 46 may contain silicon, and oxygen).
With respect to Claim 21, Ono discloses an optical device (Fig. 3-- element 12, light guide; See also: [0056]) comprising:
an optical device substrate (Fig. 4-- element 20, base; See also: [0066]) having a first outer surface (See annotated Fig. 4-- lower outer surface of element 20) and a second outer surface (See annotated Fig. 4-- upper outer surface of element 20) opposing the first outer surface (See annotated Fig. 4-- lower outer surface of element 20); and
a plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) disposed over the first surface of the optical device (Fig. 3-- element 12, light guide; See also: [0056]), the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) spaced apart from each other in a direction parallel ([0063]: half mirrors have space between them in a direction parallel to the first surface) to the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), and each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) of the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) including an optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) having an uppermost surface (Fig. 4-- topmost surface of element 20, base; see also: [0066]) over (Fig. 4-- the topmost surface of element 20 is disposed over element 32) the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), wherein the optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) of each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) comprises:
a first zone (Fig. 4-- element 47, layer; See also: [0078]) and a second zone (Fig. 4-- element 45, layer; See also: [0078]), the first zone (Fig. 4-- element 47, layer; See also: [0078]) positioned between (See Fig. 4—element 47 is between elements 45 and 20) the optical device substrate (Fig. 4-- element 20, base; See also: [0066]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) each include oxygen and nitrogen ([0078]: each layer may contain oxygen and/or nitrogen), and
the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]) collectively include three or more metals ([0079]: each layer may contain at least one of seven different metals).
However, Ono does not explicitly disclose the first zone and the second zone each include only one of oxygen or nitrogen. Cho and Ono are related as bother pertaining to the field of optical films. Cho discloses an optical device film wherein the first zone (Fig. 1a—element 11, first material layer; see also: [0039]) and the second zone (Fig. 1a—element 14, second material layer; see also: [0039]) each include only one of oxygen or nitrogen ([0039]: elements 11 and 14 may be made of Titanium Oxide or Silicon Nitride). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical device film of Ono with the chemical composition of Cho in order to create optical films which have a multi-layer structure in which refractive index distribution gradually changes (Cho, [0010]).
With respect to Claim 22, Ono and Cho disclose the optical device film of claim 21, and Ono further discloses wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) further includes at least one metalloid or semiconductor element ([0079]: each layer may contain at least one of seven different metals), and the second zone (Fig. 4-- element 45, layer; See also: [0078]) further includes at least one metalloid or semiconductor element ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals), that is different than the metalloid or semiconductor element in the first zone (Fig. 4-- element 47, layer; See also: [0078]).
With respect to Claim 23, Ono and Cho disclose the optical device film of claim 21, and Ono discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein the third zone (Fig. 4-- element 46, layer; See also: [0078]) includes a metal, metalloid, or semiconductor element that is different ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals) than the one or more metal, metalloid, or semiconductor elements in the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]).
With respect to Claim 24, Ono discloses the optical device film of claim 23, and further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between (Fig. 4—element 46 is between elements 47 and 45) the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) comprises titanium, silicon, and oxygen ([0078] and [0079]: layer 47 may contain titanium, silicon, and oxygen),
the second zone (Fig. 4-- element 45, layer; See also: [0078]) comprises titanium, niobium, and oxygen ([0078] and [0079]: layer 45 may contain titanium, niobium and oxygen), and
the third zone (Fig. 4-- element 46, layer; See also: [0078]) comprises silicon and oxygen ([0078]: layer 46 may contain silicon, and oxygen).
With respect to Claim 25, Ono and Cho disclose the optical device film of claim 23, and Ono further discloses wherein at least any two of the first zone (Fig. 4-- element 47, layer; See also: [0078]), the second zone (Fig. 4-- element 45, layer; See also: [0078]), and the third zone (Fig. 4-- element 46, layer; See also: [0078]) include only one metal, metalloid, or semiconductor element with oxygen or nitrogen ([0078]: each layer may contain oxygen or nitrogen and [0079]: each layer may contain at least one of seven different metals).
With respect to Claim 26, Ono discloses an optical device comprising:
an optical device substrate (Fig. 4-- element 20, base; See also: [0066]) having a first outer surface (See annotated Fig. 4-- lower outer surface of element 20) and a second outer surface opposing the first outer surface (See annotated Fig. 4-- lower outer surface of element 20); and
a plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) disposed over the first outer surface of the optical device (Fig. 3-- element 12, light guide; See also: [0056]), the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) spaced apart from each other in a direction parallel ([0063]: half mirrors have space between them in a direction parallel to the first surface) to the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), and each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) of the plurality of optical device structures (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) including an optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) having an uppermost surface (Fig. 4-- topmost surface of element 20, base; see also: [0066]) over (Fig. 4-- the topmost surface of element 20 is disposed over element 32) the first outer surface (See annotated Fig. 4-- lower outer surface of element 20), wherein the optical device film (Fig. 4-- element 40, dielectric multi-layer film; See also: [0067]) of each optical device structure (Fig. 3-- element 30, plurality of half mirrors; See also: [0065]) comprises:
a plurality of zones (Fig.4—elements 45, 46, and47, layers; see also: [0078]), wherein
a first zone (Fig. 4-- element 47, layer; See also: [0078]) including oxygen and nitrogen ([0078]: each layer may contain oxygen and nitrogen) and only two metal, metalloid, or semiconductor elements ([0079]: each layer may contain at least one of seven different metals, more metals may be used), and
a second zone (Fig. 4-- element 45, layer; See also: [0078]) including one or more of oxygen or nitrogen ([0078]: each layer may contain oxygen and nitrogen) and one or more metal, metalloid, or semiconductor elements ([0079]: each layer may contain at least one of seven different metals).
However, Ono does not explicitly disclose the first zone and the second zone each include only one of oxygen or nitrogen. Cho and Ono are related as bother pertaining to the field of optical films. Cho discloses an optical device film wherein the first zone (Fig. 1a—element 11, first material layer; see also: [0039]) and the second zone (Fig. 1a—element 14, second material layer; see also: [0039]) each include only one of oxygen or nitrogen ([0039]: elements 11 and 14 may be made of Titanium Oxide or Silicon Nitride). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical device film of Ono with the chemical composition of Cho in order to create optical films which have a multi-layer structure in which refractive index distribution gradually changes (Cho, [0010]).
With respect to Claim 27, Ono and Cho disclose the optical device film of claim 26, and Ono discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein the third zone (Fig. 4-- element 46, layer; See also: [0078]) includes a metal, metalloid, or semiconductor element ([0079]: each layer may contain at least one of seven different metals, the layers do not have to contain the same metals).
With respect to Claim 28, Ono and Cho disclose the optical device film of claim 27, and Ono discloses further comprising a third zone (Fig. 4-- element 46, layer; See also: [0078]) positioned between (Fig. 4—element 46 is between elements 47 and 45) the first zone (Fig. 4-- element 47, layer; See also: [0078]) and the second zone (Fig. 4-- element 45, layer; See also: [0078]), wherein
the first zone (Fig. 4-- element 47, layer; See also: [0078]) comprises titanium, silicon, and oxygen ([0078] and [0079]: layer 47 may contain titanium, silicon, and oxygen),
the second zone (Fig. 4-- element 45, layer; See also: [0078]) comprises silicon and oxygen ([0078]: layer 45 may contain silicon, and oxygen), and
the third zone (Fig. 4-- element 46, layer; See also: [0078]) comprises titanium, niobium, and oxygen ([0078] and [0079]: layer 45 may contain titanium, niobium and oxygen).
With respect to Claim 29, Ono and Cho disclose the optical device film of claim 27, and Ono further discloses wherein at least any two of the first zone (Fig. 4-- element 47, layer; See also: [0078]), the second zone (Fig. 4-- element 45, layer; See also: [0078]), and the third zone (Fig. 4-- element 46, layer; See also: [0078]) include only one metal, metalloid, or semiconductor element with oxygen or nitrogen ([0078]: each layer may contain oxygen or nitrogen and [0079]: each layer may contain at least one of seven different metals).
Response to Arguments
Applicant's arguments filed 2/2/2026 have been fully considered but they are not persuasive.
Examiner disagrees with Applicant’s argument that Ono and Cho fails to teach or suggest an optical device that at least includes "an optical device substrate having a first outer surface and a second outer surface opposing the first outer surface; and a plurality of optical device structures disposed over the first outer surface of the optical device substrate". In Fig. 4, Ono discloses a first and second outer surface of element 20 on which optical device structures, elements 41-47, are disposed on top of. Therefore, Ono discloses the device as claimed including a first and second outer surface which oppose each other and Ono also discloses a first outer surface on which multiple optical device structures are disposed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/MACKENZI BOURQUINE/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872