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 .
Election/Restrictions
Applicant’s election without traverse of Species Group A-1 and Group B-1 in the reply filed on October 14, 2025 is acknowledged.
Claims 1, 2, 4-6, 10, 11, and 13-16 read on elected Species Group A-1 and Group B-1.
Claims 3 and 12 read on non-elected Species Group A-2.
Claims 7, 9, 17, and 19 read on non-elected Species Group B-2.
Claims 8 and 18 read on non-elected Species Group B-3.
Accordingly, claims 3, 7-9, 12, and 17-19 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 14, 2025.
Information Disclosure Statement
The prior art documents submitted by applicant in the Information Disclosure Statements filed on September 11, 2023; November 29, 2023; February 27, 2024; May 1, 2024; July 24, 2024; September 30, 2024; and December 9, 2024 have all been considered and made of record (note the attached copies of form PTO-1449).
The numerous references cited on the Information Disclosure Statements have been considered within the time allowed for examination of the present application, however due to the large number of cited references, and since Applicant is considered to be the person most knowledgeable of how the art cited by Applicant relates to the claimed invention, the examiner requests that Applicant identify any references that specifically discuss a method of forming metallized wells comprised of both a continuous layer and a well layer.
Drawings
Fifty-seven (57) sheets of drawings were filed on June 2, 2023.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
33 in Figure 4C;
56 in Figure 10F;
501 in Figure 13B;
43 in Figure 27;
43 in Figure 30;
152 in Figure 30;
43 in Figure 31;
152 in Figure 32A;
152 in Figure 32C;
67 in Figure 39B;
825 in Figure 44A, S6A; and
825 in Figure 44B, S6B.
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(4) because:
reference character “500” has been used to designate a controller in Figure 1A and a luminous intensity axis in Figure 13A;
reference character “502” has been used to designate a control system in Figure 37 and a polar angle / deg axis in Figure 13B; and
reference number 846 in Figure 42A has been used to designate both a region where light-deflection wells are omitted and a width.
The drawings are additionally objected to because:
reference numbers 801B and 803B in Figure 32C should be 801A and 803A;
reference number 846 in Figure 42B does not point to anything;
reference number 836 is pointing to an incorrect element in Figure 44A, S6A;
reference number 840 is pointing to the wrong place in Figure 44A, S8A;
reference number 840 is pointing to the wrong place in Figure 44B, S8B; and
reference umber 846 is pointing to the wrong place in Figure 45A, S5C.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: reference number 828 in paragraph 513 is not in the drawings.
Appropriate correction is required.
Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 10-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2012/0106147 A1) in view of Demeo (US 5,397,867) and Bae et al. (US 2011/0050735 A1).
Regarding claims 10 and 15; Kim et al. discloses a method of manufacture (see Figures 1-3) of a waveguide having a plurality of wells, the method comprising:
providing:
a continuous layer (layer 400) with ink (410) deposited on a plurality of regions of a surface (see paragraph 61);
a well layer (600) having a plurality of apertures (610) extending therethrough, the plurality of apertures (610) of the well layer (600) and the plurality of regions (410) of the surface of the continuous layer (400) being arranged in the same pattern (see Figure 2);
attaching the well layer (600) to the surface of the continuous layer (400) with the plurality of apertures (610) of the well layer (600) in alignment with the plurality of regions (410) of the surface of the continuous layer (400) to form the waveguide (light guide member 600 of lighting apparatus 1000; see Figure 3) in which the apertures (610) of the well layer form the wells;
wherein the regions (410) of the surface of the continuous layer (400) on which ink is deposited are larger than the corresponding apertures (610) of the well layer (600; see Figures 1-3).
Kim et al. does not specify that the wells are metallised wells having surfaces with metal deposited thereon, the metal deposited in regions of the continuous layer.
Kim further teaches that light sources (300) are inserted into the wells such that the ink (410) reflects light emitted therefrom (see Figure 3). Demeo teaches that light sources (26) may be placed in holes of a first layer (20) attached to a continuous layer (12) having a silver ink, metallized coating, or aluminized film on a surface thereof (38; see column 4, lines 43-51) to reflect the light emitted from the light sources (see Figures 4, 14 and 15). Bae et al. teaches (see Figures 7-19) that reflective patterns (232) may be formed on a surface over a well containing a light source (220), wherein the reflective patterns (232) are formed by reflection ink, including metal or silver ink (see paragraph 108).
Thus, before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to use metallic ink as the reflective ink (410) in the invention of Kim et al., since it is known to use metallic ink for this purpose in the art as evidenced by the teachings of Demeo and Bae et al., thereby forming metallised wells having surfaces with metal deposited thereon (metallic ink), the metal (metallic ink) deposited in regions of the continuous layer for the purpose of using a known reflective ink material, since one of ordinary skill could have combined the elements by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 11; Kim et al., Demeo, and Bae et al. teach and/or suggest the limitations of claim 10 as applied above. Kim et al. does not disclose forming the well layer (600) having the plurality of apertures (610) extending therethrough by:
providing a continuous pre-layer (600 without apertures 610); and
forming the apertures (610) in the continuous pre-layer to form the well layer.
Kim et al. does not specify how the apertures are specifically formed. However, there are a limited number of options for forming the apertures, wherein the apertures may be formed by providing a continuous pre-layer without apertures and then forming the apertures with a process to remove material from the continuous pre-layer, wherein known processes include etching and ablation processes, or by molding a layer of material to form the apertures therein. Since these are the only two possibilities and both possibilities are within the level of ordinary skill in the art, a person of ordinary skill in the art would have found it obvious to form the apertures by providing a continuous pre-layer and forming the apertures in the continuous pre-layer to form the well layer of Kim et al., since one of ordinary skill could have formed by apertures with this known alternative method selected from one of only two possibilities by known standard methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 14; Kim et al., Demeo, and Bae et al. teach and/or suggest the limitations of claim 10 as applied above. Demeo teaches that conventionally processing allows for removing of reflective material with an unpolymerized photoresist in portions where the reflective material is unwanted to provide a denser reflective material configuration at desired locations (see column 9, lines 34, through column 10, line 7).
Thus, before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to have the method further comprise forming a continuous layer (400 of Kim et al.) with metal (metallic ink 410; see the rejection of claim 10 above) deposited on a plurality of regions of a surface (see Figure 2 of Kim et al.) by:
providing the continuous layer (400) with metal (metallic ink, 410) deposited across a continuous part of the surface; and
removing the deposited metal outside the plurality of regions to leave the deposited metal on the plurality of regions (using a photoresist process to form the reflective material in desired locations by removing reflective material where it is unwanted as suggested by the teachings of Demeo), since this method is suggested by the teachings of Demeo and would not produce and novel or unexpected results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2012/0106147 A1) in view of Demeo (US 5,397,867) and Bae et al. (US 2011/0050735 A1), and in further view of Morgan et al. (US 2014/0261683 A1).
Regarding claim 13; Kim et al., Demeo, and Bae et al. teach and/or suggest the limitations of claim 10 as applied above. Kim et al. does not disclose wherein the step of attaching the well layer to the continuous layer is performed by laser welding. Laser welding is a well-known method of bonding optical elements in the art. Morgan et al. teaches that optical adhesive and laser welding methods are known bonding methods in the art (see paragraphs 67-68). Before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to have the step of attaching the well layer to the continuous layer be performed by laser welding for the purpose of using a well known optical bonding method, since one of ordinary skill could have combined the elements by known coupling methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Allowable Subject Matter
Claims 1, 2, and 4-6 are allowed.
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, which is the most relevant prior art known, does not disclose a method of manufacture of a waveguide having a plurality of metallised wells having surfaces with metal deposited thereon, as defined by claim 1, the method comprising:
providing:
a continuous layer;
a well layer having a plurality of apertures extending therethrough; and
an alignment layer with a plurality of apertures extending therethrough,
the alignment layer comprising a capping layer and an adhesive layer exposed on the capping layer,
the plurality of apertures of the alignment layer and the plurality of apertures of the well layer being arranged in the same pattern;
attaching the alignment layer to a surface of the continuous layer by the adhesive layer so that a plurality of regions of the surface of the continuous layer are exposed in the plurality of apertures of the alignment layer;
depositing metal continuously across an outer side of the capping layer and the plurality of regions of the surface of the continuo
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us layer that are exposed;
removing the capping layer to expose the adhesive layer on the surface of the continuo
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us layer and to leave a plurality of metal layers on the plurality of regions of the surface of the continuous layer having metal deposited thereon; and
attaching the well layer to the surface of the continuous layer by the adhesive layer with the plurality of apertures of the well layer in alignment with the plurality of regions of the surface of the continuous layer having metal deposited thereon, to form the waveguide in which the apertures of the well layer form the wells.
Claims 2 and 4-6 depend from claim 1.
The prior art of record, which is the most relevant prior art known, does not disclose or render obvious a method, as defined by claim 16, wherein the plurality of metallised wells comprise:
an array of light input wells; and
an array of light-deflecting wells,
wherein
each light input well comprises a light input surface extending into the waveguide that is arranged to input light from a respective light-emitting element into the waveguide, and
each light-deflecting well comprises a light-deflecting surface extending into the waveguide so that some guided light is incident thereon and some guided light passes over the light-deflecting surface, the light-deflecting surface being arranged to reflect at least some of the guided light that is incident thereon, and the light-deflecting wells having an arrangement around each light input well that causes guided light that has been input through the light input surface of the light input well to be distributed around the light input well;
in combination with all of the limitations of base claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE R CONNELLY whose telephone number is (571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE R CONNELLY/Primary Examiner, Art Unit 2874