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 .
DETAILED ACTION
Election/Restriction
Claims 1-8 of Group I, and claim 10 of Group III, are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election of claim 9 of Group II, was made without traverse in the reply filed on May 13, 2026.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
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.
Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In lines 3-5, it is unclear what wavelengths are encompassed by the recitation of “substantially transparent to light having a wavelength for which the optical component is used” because while this recitation is followed by lines 6-8 in which “the illumination device irradiates the base material with linearly polarized ultraviolet light having a wavelength of 200 nm or less”, because the illumination device belongs to the apparatus for manufacturing the optical component, not for use of the optical component after its manufacture, and where the base material may not be a part of the optical component, but instead, be a removeable dummy substrate that is used during the manufacture of the optical component, and is then removed after the manufacture.
Accordingly, the linearly polarized ultraviolet light having a wavelength of 200 nm or less, may only be used for the manufacture of the optical component, and hence may not be related to the light having a wavelength for which the optical component is used.
For the purposes of examination, the wavelength for which the optical component is used, is interpreted to encompass the entire wavelength range in the electromagnetic spectrum, which, while being inclusive of, is not limited to the wavelength range of 200 nm or less, according to the broadest reasonable interpretation.
Clarification and amendment, accompanied by relevant citation(s) from the specification are required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 9 is rejected under 35 U.S.C. 102(a/1,2) as being anticipated by Nawaki, WO-2019/239926-A1 (US 2021/026306 is used here).
Nawaki teaches an apparatus of manufacturing an optical component (photo-alignment device [0096]), the apparatus comprising: a conveying means (workpiece transfer system 9 has a stage 91 [0099]) as defined in Applicant’s specification (conveying means 810 is a belt conveyor or a stage [0197]) that conveys a base material (workpiece 10 [0096]) that is substantially transparent to light having a wavelength for which the optical component is used (workpiece 10 is transparent [0099]); and an illumination device (lamphouse 8 including a light source 81 capable of emitting VUV light and a VUV polarizer 6 [0096]) that irradiates the base material with linearly polarized ultraviolet light having a wavelength of 200 nm or less (irradiating polarized VUV light hereto [0096], polarizing VUV light not more than 200 nm in wavelength [0012]).
The prior art made of record and not relied upon are considered pertinent to Applicant's disclosure.
US 2015/0185386 teaches an apparatus of manufacturing an optical component (photo-alignment apparatus [0029]), the apparatus comprising: a conveying means (unit or mechanism configured to transport [0029]) that conveys a base material (film [0029], substrate that has a photo-alignment (photo-aligned) layer [0028]) and an illumination device (polarizing element disposed at a first position where the light emitted from the ultraviolet light source reaches [0029]) that irradiates the base material with linearly polarized ultraviolet light (irradiated with the polarized ultraviolet light [0029] linearly polarized [0003]).
US 2010/0086704 teaches that silica glass is a base material that is substantially transparent to light having a wavelength of 200 nm (silica substrate [0060]).
Any inquiry concerning this communication should be directed to Sow-Fun Hon whose telephone number is (571)272-1492. The examiner is on a flexible schedule but can usually be reached during a regular workweek between the hours of 10:00 AM and 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Aaron Austin, can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/Sophie Hon/
Sow-Fun Hon
Primary Examiner, Art Unit 1782
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