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 .
Response to Arguments
Applicant's arguments filed 1/8/2026 have been fully considered but they are not persuasive. Applicant has amended the claims to clarify the cladding layer structure and the location of the alignment legs. These portions of the argument are persuasive, however, Applicant has also added a limitation regarding a “photosensitive material”. This limitation is indefinite. The Specification does not appear to detail what photosensitivity characteristic is involved or changed. Typically, such materials are used to permanently change refractive index characteristics when imparted with UV exposure. It is unclear if the metrics Applicant’s “photosensitivity” is related to is a refractive index change, grating production, or any number of variables that are photosensitive. The Specification is silent to this regard. Therefore, Examiner is left to guess from a wide range of materials that are photosensitive, what physical changes result or the degree of material changes. In one example, the waveguide in the prior art is made of a flexible, transparent material (paragraph 8 of translation) that may include silicon (paragraph 9). Such a material would be photosensitive to light by way of just an optical signal being transmitted through it. In another extreme example, any material imparted by UV light would be photosensitive to temperature.
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, 10-11 and 13 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.
As noted above in the Response to Arguments, it is unclear and indefinite as to the “photosensitive material” to be used. This is not a specialized term and encompasses many more materials and their associated characteristics when imparted by not just UV light but any light than disclosed on the Specification.
Remaining claims are rejected on the basis of dependency.
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 Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874