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 10/01/2025 was filed after the mailing date of the Non-Final Rejection on 08/06/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
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.
Claims 1, 3-11, and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites that “a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones” and further that “a diameter of the circular zone is less than any one of the distances between the inner periphery of two adjacent ring zones.” However, it is unclear if “the circular zone” is referring to the “innermost circular zone” or another circular zone. If it is the innermost circular zone, it is unclear whether the radius or the diameter of the circular zone should be less than any one of the claimed distances. Specifically, if the diameter is less than any one of the distances, then the radius must also necessarily be less than any one of the distances.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones”, and the claim also recites “a diameter of the circular zone is less than any one of the distances between the inner periphery of two adjacent ring zones” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Moreover, it is unclear if the “radius” should be defined as a curvature radius, or a radius around the optical axis (i.e. in a plan view).
Furthermore, it is unclear what should constitute “any one of distances between an inner periphery of two adjacent ring zones” as it is unclear what would be “any one of” the distances.
For the purposes of examination, the claim will be interpreted as requiring that a radius of an innermost circular zone in a plan view is less than a distance between an inner periphery of any two adjacent ring zones.
Claims 3-11 and 18 are rejected as being dependent upon claim 1 and failing to cure the deficiencies of the rejected base claim.
Claim 3 recites that “a radius of the circular zone is less than a maximum value of the distances between the inner periphery of the two adjacent ring zones.” However, claim 1 depends upon claim 1 which recites that “a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones.” Since an innermost circular zone having a radius less than any one of the distances would also be less than a maximum value of the distances, it is unclear what is required by the claim and this limitation appears to be broader in scope. For the purposes of examination, the claim will be interpreted as requiring that a radius of an innermost circular zone in a plan view is less than a distance between an inner periphery of any two adjacent ring zones.
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) 1, 3-6, 8-11, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Futhey et al. (U.S. Patent No. 5,129,718; hereinafter – “Futhey”).
Regarding claim 1, Futhey teaches a diffractive optical element comprising: a first material layer (40, 82, 94 or 38, 84, 96) that has a diffractive grating shape (44, 86); and a second material layer (38, 84, 96 or 40, 82, 94) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (46+48+50+52+54) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1, 3-5, and 8-9; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 5; C. 8, L. 6-26; C. 8, L. 45-53),
wherein a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6),
wherein a diameter of the circular zone is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6),
wherein a structure forming the innermost circular zone and recessed portions between structures forming each of the plurality of ring zones are filled with the second material layer (See e.g. Figs. 1, 3-5, and 8-9; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 5; C. 8, L. 6-26; C. 8, L. 45-53).
Regarding claim 3, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey further teaches that a radius of the circular zone is less than a maximum value of the distances between the inner periphery of the two adjacent ring zones (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6).
Regarding claim 4, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey further teaches that a first distance between the circular zone and a second ring zone adjacent to the circular zone is greater than the radius of the circular zone (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6).
Regarding claim 5, Futhey teaches the diffractive optical element according to claim 4, as above.
Futhey further teaches that the first distance is maximum among the distances between the inner periphery of the two adjacent ring zones (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6).
Regarding claim 6, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey further teaches that a depth of a recessed portion inside the circular zone in a structure forming the circular zone is less than a depth of a recessed portion between structures forming the respective ring zones (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Regarding claim 8, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey further teaches that a height of a structure forming the circular zone is different from a height of a structure forming each of the ring zones other than the circular zone (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Regarding claim 9, Futhey teaches the diffractive optical element according to claim 8, as above.
Futhey further teaches that a refractive index of the first material layer is less than a refractive index of the second material layer, and the height of the structure forming the circular zone is less than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Regarding claim 10, Futhey teaches the diffractive optical element according to claim 8, as above.
Futhey further teaches that a refractive index of the first material layer is greater than a refractive index of the second material layer, and the height of the structure forming the circular zone is greater than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Regarding claim 11, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey further teaches that a distance between the ring zones is narrower at a position closer to an outside thereof than a center thereof (See e.g. Figs. 1 and 4; C. 2, L. 49-56; C. 4, L. 49 – C. 5, L. 9; See also claims 2, 4, and 6).
Regarding claim 18, Futhey teaches the diffractive optical element according to claim 8, as above.
Futhey further teaches that a height of an outer edge of the structure forming the circular zone differs from heights of the structures forming each of the ring zones by an adjustment amount, the adjustment amount is calculated according to a refractive index of the first material layer, a refractive index of the second material layer, and a required correction amount for a transmitted wavefront of the diffractive optical element (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Claim(s) 1, 3-6, 8-11, and 18 is/are additionally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (U.S. PG-Pub No. 2011/0267693; hereinafter – “Kobayashi”).
Regarding claim 1, Kobayashi teaches a diffractive optical element comprising: a first material layer (16 or 24) that has a diffractive grating shape (28); and a second material layer (24 or 16) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (36) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162),
wherein a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162),
wherein a diameter of the innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162),
wherein a structure forming the innermost circular zone and recessed portions between structures forming each of the plurality of ring zones are filled with the second material layer (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 3, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi further teaches that a radius of the circular zone is less than a maximum value of the distances between the ring zones (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 4, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi further teaches that a first distance between the circular zone and a second ring zone adjacent to the circular zone is greater than the radius of the circular zone (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 5, Kobayashi teaches the diffractive optical element according to claim 4, as above.
Kobayashi further teaches that the first distance is maximum among the distances between the ring zones (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 6, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi further teaches that a depth of a recessed portion (38) inside the circular zone in a structure forming the circular zone is less than a depth of a recessed portion between structures forming the respective ring zones (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 8, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi further teaches that a height of a structure forming the circular zone is different from a height of a structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 9, Kobayashi teaches the diffractive optical element according to claim 8, as above.
Kobayashi further teaches that a refractive index of the first material layer is less than a refractive index of the second material layer, and the height of the structure forming the circular zone is less than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 10, Kobayashi teaches the diffractive optical element according to claim 8, as above.
Kobayashi further teaches that a refractive index of the first material layer is greater than a refractive index of the second material layer, and the height of the structure forming the circular zone is greater than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 11, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi further teaches that a distance between the ring zones is narrower at a position closer to an outside thereof than a center thereof (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Regarding claim 18, Kobayashi teaches the diffractive optical element according to claim 8, as above.
Kobayashi further teaches that a height of an outer edge of the structure forming the circular zone differs from heights of the structures forming each of the ring zones by an adjustment amount, the adjustment amount is calculated according to a refractive index of the first material layer, a refractive index of the second material layer, and a required correction amount for a transmitted wavefront of the diffractive optical element (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Claim(s) 1, 3-12, 14-16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korenaga et al. (U.S. Patent No. 8,149,510; hereinafter – “Korenaga”).
Regarding claim 1, Korenaga teaches a diffractive optical element comprising: a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24),
wherein a radius of an innermost circular zone among the plurality of ring zones is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8),
wherein a diameter of an innermost circular zone among the plurality of ring zones is less than any one of distances between an inner periphery of two adjacent ring zones (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8),
wherein a structure forming the innermost circular zone and recessed portions between structures forming each of the plurality of ring zones are filled with the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24).
Regarding claim 3, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that a radius of the circular zone is less than a maximum value of the distances between the ring zones (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8).
Regarding claim 4, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that a first distance between the circular zone and a second ring zone adjacent to the circular zone is greater than the radius of the circular zone (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8).
Regarding claim 5, Korenaga teaches the diffractive optical element according to claim 4, as above.
Korenaga further teaches that the first distance is maximum among the distances between the ring zones (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8).
Regarding claim 6, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that a depth of a recessed portion inside the circular zone in a structure forming the circular zone is less than a depth of a recessed portion between structures forming the respective ring zones (See e.g. Figs. 1-2 and 4; C. 6, L. 25-46).
Regarding claim 7, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 8, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that a height of a structure forming the circular zone is different from a height of a structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 46).
Regarding claim 9, Korenaga teaches the diffractive optical element according to claim 8, as above.
Korenaga further teaches that a refractive index of the first material layer is less than a refractive index of the second material layer, and the height of the structure forming the circular zone is less than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 46).
Regarding claim 10, Korenaga teaches the diffractive optical element according to claim 8, as above.
Korenaga further teaches that a refractive index of the first material layer is greater than a refractive index of the second material layer, and the height of the structure forming the circular zone is greater than the height of the structure forming each of the ring zones other than the circular zone (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 46).
Regarding claim 11, Korenaga teaches the diffractive optical element according to claim 1, as above.
Korenaga further teaches that a distance between the ring zones is narrower at a position closer to an outside thereof than a center thereof (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8).
Regarding claim 12, Korenaga teaches a diffractive optical element comprising: a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein
in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 14, Korenaga teaches the diffractive optical element according to claim 12, as above.
Korenaga further teaches that the phase difference function has no extreme value in an optical effective diameter range (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 15, Korenaga teaches a method of manufacturing a diffractive optical element having a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), the method comprising:
forming a radius of an innermost circular zone among the plurality of ring zones to be less than any one of distances between the adjacent ring zones (See e.g. Figs. 1-4; C. 11, L. 29 – C. 12, L. 45; See e.g. Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8).
Regarding claim 16, Korenaga teaches a method of manufacturing a diffractive optical element having a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), the method comprising
in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, designing the structure in a state where C is greater than 0 and less than 2π, and forming the diffractive grating shape in accordance with the design (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 18, Korenaga teaches the diffractive optical element according to claim 8, as above.
Korenaga further teaches that a height of an outer edge of the structure forming the circular zone differs from heights of the structures forming each of the ring zones by an adjustment amount, the adjustment amount is calculated according to a refractive index of the first material layer, a refractive index of the second material layer, and a required correction amount for a transmitted wavefront of the diffractive optical element (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 46).
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.
Claim(s) 7, 12, 14, and 16 is/are additionally rejected under 35 U.S.C. 103 as being unpatentable over Futhey in view of Korenaga.
Regarding claim 7, Futhey teaches the diffractive optical element according to claim 1, as above.
Futhey fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the diffractive optical element of Futhey with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Regarding claim 12, Futhey teaches a diffractive optical element comprising: a first material layer (40, 82, 94 or 38, 84, 96) that has a diffractive grating shape (44, 86); and a second material layer (38, 84, 96 or 40, 82, 94) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (46+48+50+52+54) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1, 3-5, and 8-9; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 5; C. 8, L. 6-26; C. 8, L. 45-53).
Futhey fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the diffractive optical element of Futhey with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Regarding claim 14, Futhey in view of Korenaga teaches the diffractive optical element according to claim 12, as above.
Futhey further teaches that the phase difference function has no extreme value in an optical effective diameter range (See e.g. Figs. 4, 8, and 9; C. 3, L. 25-59; C. 4, L. 5-48; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 35; C. 6, L. 50 – C. 7, L. 59; C. 8, L. 6-53).
Additionally, Korenaga further teaches that the phase difference function has no extreme value in an optical effective diameter range (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 16, Futhey teaches a method of manufacturing a diffractive optical element having a first material layer (40, 82, 94 or 38, 84, 96) that has a diffractive grating shape (44, 86); and a second material layer (38, 84, 96 or 40, 82, 94) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (46+48+50+52+54) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1, 3-5, and 8-9; C. 5, L. 26-41; C. 5, L. 62 – C. 6, L. 5; C. 8, L. 6-26; C. 8, L. 45-53).
Futhey fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, designing the structure in a state where C is greater than 0 and less than 2π, and forming the diffractive grating shape in accordance with the design.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Futhey with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Claim(s) 7, 12, 14, and 16 is/are additionally rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi in view of Korenaga.
Regarding claim 7, Kobayashi teaches the diffractive optical element according to claim 1, as above.
Kobayashi fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the diffractive optical element of Kobayashi with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Regarding claim 12, Kobayashi teaches a diffractive optical element comprising: a first material layer (16 or 24) that has a diffractive grating shape (28); and a second material layer (24 or 16) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (36) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Kobayashi fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the diffractive optical element of Kobayashi with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Regarding claim 14, Kobayashi in view of Korenaga teaches the diffractive optical element according to claim 12, as above.
Kobayashi further teaches that the phase difference function has no extreme value in an optical effective diameter range (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0015 and 0133-0137).
Additionally, Korenaga further teaches that the phase difference function has no extreme value in an optical effective diameter range (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Regarding claim 16, Kobayashi teaches a method of manufacturing a diffractive optical element having a first material layer (16 or 24) that has a diffractive grating shape (28); and a second material layer (24 or 16) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (36) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-5, 8-9, 11, 16, and 20-22; Paragraphs 0110-0112, 0115-0126, 0132-0145, and 0161-0162).
Kobayashi fails to explicitly disclose that in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, designing the structure in a state where C is greater than 0 and less than 2π, and forming the diffractive grating shape in accordance with the design.
However, Korenaga teaches a diffractive optical element and method of making the same comprising a first material layer (14a) that has a diffractive grating shape (13); and a second material layer (14b) that is laminated on the first material layer, the diffractive grating shape forming a plurality of concentric annular ring zones (13a) in a plan view from a lamination direction of the first material layer and the second material layer (See e.g. Figs. 1-2 and 4; C. 5, L. 63 – C. 6, L. 24), wherein in a case where, assuming that a reference wavelength is λ, a difference in refractive index between the first material layer and the second material layer is Δn, a radius of each of the ring zones is r, an even-order phase difference function at the radius as a variable is φ(r), a start phase of the phase difference function is C, and a remainder obtained by dividing an added value of φ(r) and C by 2π is MOD(r), and a shape of a structure forming each of the ring zones is defined by Expression obtained by dividing MOD(r) × λ by 2π × Δn, C is greater than 0 and less than 2π (See e.g. Fig. 3; C. 3, L. 49 – C. 4, L. 35; C. 6, L. 37-46; C. 7, L. 48 – C. 9, L. 3).
Korenaga teaches this shape based on the phase difference function such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” (C. 8, L. 59 – C. 9, L. 3) in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost” (C. 4, L. 39-46).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Kobayashi with the shape based on the phase difference function of Korenaga such that “even if the optical adjustment layer of resin that covers such a diffraction grating is formed by a pad printing process, for example, the surface shape of the optical adjustment layer can still be maintained appropriately” and “even if a lot of such diffractive optical elements are mass-produced, those diffractive optical elements will have a uniform shape with the surface shapes of their optical adjustment layer sufficiently matched to each other” in order to provide “a diffractive optical element that can have a reduced weight and thickness and that can be mass-produced with increased reliability and at a reduced cost,” as taught by Korenaga (C. 4, L. 39-46; C. 8, L. 59 – C. 9, L. 3).
Response to Arguments
Applicant's arguments, see pages 14-16, filed 11/05/2025, regarding the rejection of claim 1 under 35 U.S.C. 102 in view of Futhey have been fully considered but they are not persuasive.
Applicant argues that “In Col. 4 lines 52-59 of Futhey, Futhey states that "If the radius of the central zone is designated r0, the radius of the innermost annular zone is designated r₁ and the radius of the second annular zone is designated r₂, the conditions previously described may be expressed by saying that r0² is not equal to r1²-r0² and r2² -r1² is equal to r₁² -r₀². In general, rₙ² -rₙ-₁² is equal to rₙ-1² -rₙ-2² for values of n greater than or equal to 2"” and that “Futhey's condition, r₀² ≠ r₁² -ro², cannot read on the feature "wherein a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones" recited in the amended claim 1.” However, Examiner respectfully disagrees.
Specifically, while C. 4, L. 49 – C. 5, L. 9 of Futhey teaches broadly that r12 – r02 does not equal r02, Futhey also teaches the more specific case of r02 < r12 – r02, as in claims 2, 4, and 6. Thus, Futhey does teach the required limitation that a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones, as it would be impossible for r02 < r12 – r02 without this limitation being satisfied.
It is noted that "[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))." MPEP §2123.
Applicant's arguments, see pages 16-19, filed 11/05/2025, regarding the rejection of claim 1 under 35 U.S.C. 102 in view of Kobayashi have been fully considered but they are not persuasive.
Applicant argues that “As shown in Fig. 1 of Kobayashi, the radius of the innermost circular zone is larger than a distance between an inner periphery of two adjacent ring zones.” However, Examiner respectfully disagrees.
In support of this argument, Applicant points solely to zone 4 in table 1 as a zone that has a distance between inner and outer periphery that is larger than a radius of the innermost circular zone. However, the claim merely requires that “a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones.” As best as this limitation is understood, the existence of any singular ring zone with inner peripheries being separated by a distance greater than the radius of the circular zone would meet the claimed limitation. Contrary to Applicant’s assertion, Kobayashi explicitly teaches such a zone. Specifically, zone 1 in table 1 has an inner periphery of 0.2 on the x-axis and zone 2 in table 1 has an inner periphery of 0.7348469 on the x-axis, for a distance between inner peripheries of 0.5348469, which is clearly greater than the radius of the circular zone, given in table 1 to be 0.2. Thus, Examiner maintains that Kobayashi teaches the required limitation that a radius of an innermost circular zone is less than any one of distances between an inner periphery of two adjacent ring zones.
Applicant further argues that “in the disclosure of Kobayashi, Kobayashi fails to disclose that the valley line 38 is filled with the optical parts 16 or 24 (interpreted as the claimed second material by the Office)” and thus fails to disclose that “a structure forming the innermost circular zone and recessed portions between structures forming each of the plurality of ring zones are filled with the second material layer” recited in the amended claim 1.” However, Examiner respectfully disagrees.
Specifically, as the claimed “ring zones” form the described “diffraction grating 28” in Kobayashi, which is clearly shown in Fig. 3 to be formed between the first and second material layers, it necessarily follows that the required structures of the diffraction grating are “filled” with the material layer, given the broadest reasonable interpretation of the claimed language. This is further supported by Kobayashi’s disclosure in Paragraph 0181 that “it is possible to form a diffraction grating according to this invention, for example, on a surface of a laminate of two materials with different dispersion.” Thus, Examiner maintains that Kobayashi teaches the required limitation.
Applicant's arguments, see pages 19-20, filed 11/05/2025, regarding the rejection of claim 1 under 35 U.S.C. 102 in view of Korenaga have been fully considered but they are not persuasive.
Applicant argues that “Since the radius of the innermost circular region r1 = 45.2 um, the diameter of the innermost circular region is 45.2*3 = 90.4 um, which is larger than r2-r1=86.1um, and r3-r2=45.3um” and thus Korenaga does not teach “wherein a diameter of the circular zone is less than any one of the distances between the inner periphery of the two adjacent ring zones.” However, Examiner respectfully disagrees.
Specifically, as detailed above, this limitation is indefinite, given that the claim requires the radius be less than the distances and the diameter be less than the distances. Since the radius is smaller than the diameter, it is unclear which limitation is intended to be required by the claim. Given this indefiniteness, Examiner maintains that the claim is met by Korenaga’s disclosure in C. 11, L. 29 – C. 12, L. 45 and Table 5, Ex. 4 for α=3λ/4 and Ex. 5 for α=7λ/8.
Applicant's arguments, see pages 20-24, filed 11/05/2025, regarding the rejection of claims 12 and 16 under 35 U.S.C. 102 in view of Korenaga and under 35 U.S.C. 103 in view of Futhey or Kobayashi in view of Korenaga have been fully considered but they are not persuasive.
In response to these rejections, Applicant argues against the specifics of Futhey and Kobayashi and merely states that “after reviewing the contents of Korenaga, Korenaga should also fail to disclose the above feature of claim 12.” Applicant provides no specific arguments against the Korenaga reference. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM.
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Nicholas R. Pasko
Primary Examiner
Art Unit 2896
/Nicholas R. Pasko/ Primary Examiner, Art Unit 2896