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 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 8/14/2026 has been entered.
Response to Arguments
Applicant's arguments filed 8/14/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s Argument (on pages 7 and 8) with respect to the §112(b) rejections of claims 1-18; Applicant’s amendment clarifies the nature of the claimed angle and incidence angle, as suggested by the Board on pages 8-9 of the decision 6/15/2026, and this amendment overcomes the §112(b) rejections of claims 1-18.
However, on page 8 of the Board decision 6/15/2026, it was determined that there is “no reference in the Figures and their written descriptions for measuring the angular degree of the claimed beam when exiting its source”. Therefore, the amendments to claims 1 and 10 constitute new matter, and lack support in the figures and written description.
Applicant asserts (on page 7) that the amendments to claims 1 and 10 are supported “throughout Applicant’s originally filed application, for example at Figs. 3A and 3B”; however, figures 3A and 3B do not illustrate the first light source at all and therefore cannot support any description of the claimed “angle at which the first beam exits the first light source” regardless of the relative frame of reference. Further, the specification makes no description of this angle and so support for the amendment cannot be found in the disclosure of the application.
Therefore, the §112(a) rejections of the claims, for lack of written description, are maintained, and it is noted that the newly added claim limitations constitute new matter (since the disclosure does not describe the claimed situation: “an angle at which the first beam exits the first light source is equal to an incidence angle of the first beam onto the substrate and the angle and the incidence angle are each relative to a plane of the substrate”).
MPEP 1214.01 relates to procedure following new ground of rejection by the Board, and subsection I. states that “If the examiner does not consider that the amendment and/or new evidence overcomes the rejection, the examiner will again reject the claims. If appropriate, the rejection will be made final.” Accordingly the present action is hereby made Final.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding independent claim 1; the specification of the immediate application does mention any angle, and the figures do not include any angular degree of the claimed beam when exiting its source. The specification and figures lack written description for the claim requirement that the exiting angle is equal to the incidence angle, and the angle and the incidence angle are each relative to a plane of the substrate (the specification and drawings do not indicate the exiting angle relative to the substrate). The newly added claim limitations constitute new matter, as the specification does not describe an angle at which the first beam exits the first light source relative to a plane of the substrate.
Regarding dependent claims 2-9; these claims inherit the limitations of independent claim 1.
Regarding independent claim 10; the specification of the immediate application does mention any angle, and the figures do not include any angular degree of the claimed beam when exiting its source. The specification and figures lack written description for the claim requirement that the exiting angle is equal to the incidence angle, and the angle and the incidence angle are each relative to a plane of the substrate (the specification and drawings do not indicate the exiting angle relative to the substrate). The newly added claim limitations constitute new matter, as the specification does not describe an angle at which the first beam exits the first light source relative to a plane of the substrate.
Regarding dependent claims 11-18; these claims inherit the limitations of independent claim 10.
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 JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Kim can be reached at 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON L MCCORMACK/Examiner, Art Unit 2881
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