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 .
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 4-6, 11 and 12 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.
With regard to dependent claim 4, claim 4 recites the limitation “the first diffractive optical element” and “the second diffractive optical element” in lines 1-2, it is unclear as to which “first” diffractive optical element and “second” diffractive optical element the claim refers. Since amended claim 1 now recites a first diffractive optical element and a second diffractive optical element of a first set of diffractive optical elements and a first diffractive optical element and a second diffractive optical element of a second set of diffractive optical elements. In an effort to provided compact prosecution, the examiner has interpreted the “first diffractive optical element” and the “second diffractive optical element” to belong to the first set of diffractive optical elements.
With regard to dependent claim 5, claim 5 fails to further limit the instant invention in view of amended claim 1 which now recites all of the limitations of dependent claim 5. Therefore, claim 5 is redundant.
With regard to dependent claims 6, 11 and 12, claims 6, 11 and 12 are rejected as they depend, directly or indirectly, from dependent claim 5 and therefore inherit all of the deficiencies of the claim from which they depend.
It is suggested that claim 5 be canceled and claims 6, 11 and 12 be amended to depend from claim 1.
Allowable Subject Matter
Claims 1-3, 7-10, 13-23 and 25-29 are allowed.
Claims 4, 6, 11 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 reasons for indicating allowable subject matter are as set forth in the Office action mails August 20, 2025 and Applicant’s Remarks (page 13, second-fourth paragraphs), filed November 19, 2025.
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 DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARRYL J COLLINS/Primary Examiner, Art Unit 2872
06 January 2026