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 § 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 1-4, 6, 10-25 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent to Burckel 10,620,377US in view of the US Patent Application Publication to van Arendonk 2016/0245930US.
In terms of Claims 1, 6, and 18, Burckel teaches a waveguide assembly (Figure 5a and 5b), the waveguide assembly comprising: a first substrate (Figure 1a: 120) comprising a first waveguide (Column 7, lines 5-25); a second substrate (Figure 1a: 110) comprising a second waveguide (Figure 1a: 130a); and one or more spacers (Figure 5a: 330n/340n), wherein, when the first substrate (110) and the second substrate (120) are attached together via an adhesive (Figure 5a: 320 functions as an adhesive), the one or more spacers (330n/340n) are configured to maintain a desired gap spacing between the first substrate and the second substrate so as to optimize coupling efficiency between the first waveguide and the second waveguide (Column 2, lines 1-10 and Figure 5a-b), wherein the desired gap spacing corresponds to the height for the one or more spacers (Figure 5a: 330n/340n), wherein the adhesive and spacers assist to secure the 1st and 2nd substrate together to align the first waveguide and the second waveguide (Figure 5a: 320 and 330/340 assist to secure the 1st substrate 110 and 120 together while maintaining a coupling gap).
Burckel does not teach wherein a height for the one or more spacers is less than 10 microns; wherein the adhesive and the one or more spacers provide a composite material configured to assist in securing the first substrate and the second substrate together; wherein the spacers have a spherical shape.
Van Arendonk does teach wherein a height for the one or more spacers is less than 10 microns ([0005]); wherein the adhesive (Figure 1: Coupling layer 26) and the one or more spacers (glass spheres [0005]) provide a composite material (Paragraph [0005] teaches within the coupling layer which contain adhesive and spacers balls) configured to assist in securing the first substrate (Figure 1: 36) and the second substrate (Figure 1: 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of spacers to be 10 microns or less to ensure the coupling layer provides efficient coupling. The combination of the spacers in an adhesive to form a composite material provides uniform support and bonding strength between the two substrates across a wider surface area. This ensures a stronger mechanical bond and support for the two substrates once bonded together.
As for Claim 2, Burckel / van Arendonk teach the device of claim 1, wherein Burckel teaches wherein the first substrate (120) and the second substrate (110) are parallel with each other (Figure 5a: 110/120), and wherein the first substrate (120) comprises a first contact area (bottom surface of 110 at 320 and 330) and the second substrate (120) comprises a second contact area (top surface of 510 at 320 and 340n), wherein the first contact area of the first substrate and the second contact area of the second substrate are configured to receive and contact the adhesive (location of 320 receives 320 on both 110 and 120) and the one or more spacers (110 and 120 also comes in contact with 330 and 340 as shown in Figure 5a-b).
As for Claim 3, Burckel / van Arendonk teach the device of claim 2, wherein Burckel teaches wherein the first contact area of the first substrate and the second contact area of the second substrate are flat and free of any recesses (areas of 110 and 120 which makes contact with 330n/340n and 320 do not have recess and are flat as shown in Figure 5a-b).
As for Claim 4, Burckel / van Arendonk teach the device of claim 2, wherein Burckel teaches wherein the first substrate and the second substrate are configured to receive the adhesive (Figure 5a: 320 on 110/120) without any spacers at the first waveguide and the second waveguide respectively (the location of waveguides 130a and 160n do not contain any spacers as shown in Figure 1a and Figure 5a).
As for Claims 10 and 11, Burckel / van Arendonk teach the device of claim 1, wherein van Arendonk teaches the ball spacer is added to adhesive. The limitation “wherein the one or more spacers and the adhesive are separate from each other until positioned on the first substrate” and “wherein the one or more spacers and the adhesive are combined together to form combined adhesive and spacers before the combined adhesive and spacers are positioned on the first substrate” are considered to be product by process step by the examiner. The process step “wherein the one or more spacers and the adhesive are separate from each other until positioned on the first substrate” and “wherein the one or more spacers and the adhesive are combined together to form combined adhesive and spacers before the combined adhesive and spacers are positioned on the first substrate” do not impart any additional structure differences from what is taught by the prior art of van Arendonk as detailed in claim 1. Thus, the examiner considers the prior art structure of van Arendonk as detailed above reads onto the claims 10 and 11 as recited.
As for Claims 12, Burckel / van Arendonk teach the device of claim 1, wherein van Arendonk wherein the waveguide assembly is formed by a process comprising placing the one or more spacers (Figure 1: 26 and [0005]) on the first substrate and then applying the adhesive onto the first substrate around the one or more spacers (Figure 1: 26 and [0005]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of spacers to be 10 microns or less to ensure the coupling layer provides efficient coupling. The combination of the spacers in an adhesive to form a composite material provides uniform support and bonding strength between the two substrates across a wider surface area. This ensures a stronger mechanical bond and support for the two substrates once bonded together.
As for Claims 13, Burckel / van Arendonk teach the device of claim 1, wherein the waveguide assembly is formed by a process comprising placing the one or more spacers (330n/ 340n) on the first substrate (120); pressing the second substrate (110) against the one or more spacers applied to the first substrate to form a gap therebetween (Figure 5a: gap formed by 330n/340n); and applying the adhesive (320 is placed in the gap wherein the adhesive is fused with the substrate 110 and 120) proximate the gap to enable flow of the adhesive into the gap (The adhesive material 320 deforms and fused with substrate, during the deform state the material 320 is capable of flow within the gap; Column 7, lines 25-45).
As for Claims 14, Burckel / van Arendonk teach the device of claim 1, wherein the waveguide assembly is formed by a process.
Burckel does not teach wherein the process comprises: inserting the one or more spacers into the adhesive to form combined adhesive and spacers; applying the combined adhesive and spacers onto the first substrate; and pressing the second substrate against the combined adhesive and spacers applied to the first substrate.
Van Arendonk does teach wherein the adhesive (Figure 1: Coupling layer 26) and the one or more spacers (glass spheres [0005]) provide a composite material via inserting the spacers into the adhesive to form combined adhesive and spacers (Paragraph [0005] teaches within the coupling layer which contain adhesive and spacers balls); apply the combined adhesive and spacers onto the substrate (36); and pressing the second substrate (12) against the combine adhesive / spacers to the first substrate (36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the spacers of Burckel with the composite combined adhesive / spacers of van Arendonk for the purpose of providing mechanical support while performing bonding and spacing functions across the wider surface of area of the substrates. The combination of the spacers in an adhesive to form a composite material provides uniform support and bonding strength between the two substrates across a wider surface area. This ensures a stronger mechanical bond and support for the two substrates once bonded together.
As for Claim 15, Burckel / van Arendonk teach the device of claim 1, Burckel does not teach wherein the adhesive and spacers having a refractive index within .01 of each other.
van Arendonk does indicate the adhesive should be index match ([0005]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the index of refraction of the spacer and adhesive to be within 0.1 from each other in order to reduce optical distortion or optical loss. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 195 USPQ 6 (C.C.P.A. 1977).
As for Claim 16, Burckel / van Arendonk teach the device of claim 1, wherein Burckel teaches wherein the desired gap spacing is selected to optimize the amount of evanescent coupling between the first waveguide and the second waveguide (Column 12, lines 45-60; Column 2, lines 1-10), wherein the desired gap spacing is determined based on at least one of a material for the first substrate, a material for the second substrate, a material for the first waveguide of the first substrate, a material for the second waveguide of the second substrate, an overlap length between the first substrate and the second substrate (Column 12, lines 45-60; Column 2, lines 1-10), an overlap width between the first substrate and the second substrate, or an overlap area between the first substrate and the second substrate (Column 12, lines 45-60; Column 2, lines 1-10; Figures 3a and 5a).
As for Claim 17, Burckel / van Arendonk teach the device of claim 1, wherein Burckel teaches the spacers and adhesive to be same material (Figure 5a: 320 can function as both an adhesive and a spacer). Structure 320 is used to fused substrate 110 and 120 together (Column 7, lines 25-45), once it used element 320 can also function to maintain spacing between 110 and 120 as shown in Figure 5a hence it also qualifies as spacer. Since there are two 320 shown in Figure 5a, one element can be considered the adhesive, while the opposite 320 element can be considered as the spacer wherein both are made from same material.
As for Claims 19 and 20, Burckel / van Arendonk teach the device of claim 18, Burckel does not teach wherein the composite material is made by placing the one or more spacers on a first substrate and by then inserting the adhesive on the first substrate between the one or more spacers; and wherein the composite material is made by inserting the one or more spacers into the adhesive, wherein the composite material is formed before placing the one or more spacers on a first substrate.
Van Arendonk does teach wherein the composite material (Figure 1: 26) is made by placing the one or more spacers ([0005]) on a first substrate (36) and by then inserting the adhesive on the first substrate between the one or more spacers ([0005]).
The order of as to how the composite is made is considered by the examiner as product by process step. Hence, since this claim is a device claim, and the process does not impart any additional structures to the device, the examiner considers the prior art to read on to claim as currently recited.
In terms of Claim 21, Burckel teaches a method for forming a waveguide assembly comprising: providing a first substrate (Figure 3a and 5a: 120) having a first waveguide (Column 7, lines 5-25), a second substrate (Figure 5a: 120) having a second waveguide (Figure 3:130a), an adhesive (Figure 1: 320), and one or more spacers (Figure 5a: 330n/340n); placing the one or more spacers on a first contact area of the first substrate (Figure 5a: 330n on 120 or top substrate), placing the adhesive (320) on the first contact area of the first substrate (bottom surface of 120); and pressing a second contact area of the second substrate into the first contact area of the first substrate until a desired gap spacing is obtained (Figure 5a: gap between top and bottom substrate), wherein the desired gap spacing is obtained so as to optimize coupling efficiency between the first waveguide and the second waveguide (Column 2, lines 1-15), wherein the desired gap spacing corresponds to the height of the one or more spacers (Figure 5a: 330n/340n).
Burckel does not teach wherein a height for the one or more spacers is less than 10 microns; wherein the adhesive and the one or more spacers provide a composite material configured to assist in securing the first substrate and the second substrate together; wherein the spacers have a spherical shape.
Van Arendonk does teach wherein a height for the one or more spacers is less than 10 microns ([0005]); wherein the adhesive (Figure 1: Coupling layer 26) and the one or more spacers (glass spheres [0005]) provide a composite material (Paragraph [0005] teaches within the coupling layer which contain adhesive and spacers balls) configured to assist in securing the first substrate (Figure 1: 36) and the second substrate (Figure 1: 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of spacers to be 10 microns or less to ensure the coupling layer provides efficient coupling. The combination of the spacers in an adhesive to form a composite material provides uniform support and bonding strength between the two substrates across a wider surface area. This ensures a stronger mechanical bond and support for the two substrates once bonded together.
As for Claims 22 and 23, Burckel and van Arendonk teaches the method of claim 21.
Burckel / van Arendonk does not teach wherein placing the one or more spacers on the first contact area of the first substrate occurs before placing the adhesive on the first contact area of the first substrate; or wherein placing the one or more spacers on the first contact area of the first substrate occurs after placing the adhesive on the first contact area of the first substrate.
The examiner considers the limitations of “wherein placing the one or more spacers on the first contact area of the first substrate occurs before placing the adhesive on the first contact area of the first substrate; or wherein placing the one or more spacers on the first contact area of the first substrate occurs after placing the adhesive on the first contact area of the first substrate” to be obvious in view of KSR obvious to try rationale. In this particular case there are only two outcomes of making the composite adhesive/ spacer material on the substrates 1) by placing the spacers on substrate before adding the adhesive or 2) place the spacers after adding the adhesive to the substrate. It would have been obvious to one of ordinary skill in art before the effective filing date to try step 1) or step 2) for the purpose of evenly distributing the spacers across the bonding surface thus creating a flat bonding surface that’s evenly spaced by the spacers. However, the contact surface area will be greater on one substrate relative the other since the adhesive will cover the spacers ball either via top or bottom location depending on the order. Depending on the orientation of the device one may choose one step to create a greater bonding contact with one substrate relative to the other to produce a strong mechanical bond.
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
In terms of Claim 24, Burckel teaches a method for forming a waveguide assembly comprising: providing a first substrate (Figure 3: 120) having a first waveguide (Column 2), a second substrate (Figure 3: 110) having a second waveguide (Figure 3: 130a), and pressing a second contact area of the second substrate into the first contact area of the first substrate until a desired gap spacing is obtained (Figure 5a: gap between top and bottom substrate), wherein the desired gap spacing is obtained so as to optimize coupling efficiency between the first waveguide and the second waveguide (Column 2, lines 1-15), wherein the desired gap spacing corresponds to a height of the one or more spacers (Figure 5a: 330n/340n).
Burckel does not teach an adhesive, and one or more spacers; inserting the one or more spacers into the adhesive to form a composite material; placing the composite material on a first contact area of the first substrate.
Van Arendonk does teach wherein the adhesive (Figure 1: Coupling layer 26) and the one or more spacers (glass spheres [0005]) provide a composite material via inserting the spacers into the adhesive (Paragraph [0005] teaches within the coupling layer which contain adhesive and spacers balls) configured to assist in securing the first substrate (Figure 1: 36) and the second substrate (Figure 1: 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the height of spacers to be 10 microns or less to ensure the coupling layer provides efficient coupling. The combination of the spacers in an adhesive to form a composite material provides uniform support and bonding strength between the two substrates across a wider surface area. This ensures a stronger mechanical bond and support for the two substrates once bonded together.
In terms of claim 25, Burckel teaches a waveguide assembly (Figure 3 and 5a) comprising: a first substrate (Figure 3: 120) comprising a first waveguide (Column 2); a second substrate (110) comprising a second waveguide (130a); wherein the one or more spacers are configured to maintain a desired gap spacing between the first substrate and the second substrate so as to optimize coupling efficiency between the first waveguide and the second waveguide (Figure 5a and Column 2 and Column 7), and wherein the desired gap spacing corresponds to a height of the one or more spacers (Figure 5a).
Burckel does not teach a composite material that is configured to assist in securing the first substrate and the second substrate together, the composite material comprising adhesive that includes one or more spacers mixed into an adhesive prior to application to the first substrate or second substrate.
van Arendonk does teach a composite material that is configured to assist in securing the first substrate and the second substrate together (Figure 1: 26 and [0005]), the composite material comprising adhesive that includes one or more spacers mixed into an adhesive ([0005]) prior to application to the first substrate or second substrate.
The examiner considers the limitation of mixing the spacers into the adhesive prior to application to the first substrate or second substrate to be a product by process wherein the steps of mixing does not impart any additional structures to the claim as recited.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Burckel 10,620,377US / van Arendonk 2016/0245930US as applied to claim 1 above, and further in view of US Patent Application Publication to Grondin 2013/0322813US.
In regards to Claim 5, Burckel / van Arendonk teach the device of claim 1.
Burckel / van Arendonk does not teach wherein the first substrate and the second substrate are configured to receive the adhesive and spacers at the first waveguide and the second waveguide respectively.
Grondin teaches a first substrate (Figure 3a: 3), a second substrate (Figure 3a: 5) having a waveguide (Figure 3a: 2), separated by a composite material spacer (Figure 3a: 4) located at the waveguide. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the spacer layer to be at the waveguide in order to optimize the coupling efficiency of the device while providing support across the interface that comes in contact with the waveguides. This modification maximizes optical coupling and mechanical support for the stack waveguides.
Claim 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Burckel 10,620,377US / van Arendonk 2016/0245930US as applied to claim 1 above, and further in view of US Patent Application Publication to Fraval 2012/0327351US.
In regards to Claim 7-9, Burckel / van Arendonk teaches the device of Claim 1.
Burckel / van Arendonk do not teach wherein the spacers has a height of 100 nm to 4 um, 300 nm to 3 um, 500 nm to 2 microns.
Fraval does teach a composite material adhesive with spherical spacers structures having diameter or height of 1-200 microns, the range of 1 micron falls within all three ranges of 100 nm to 4 um, 300 nm to 3 um, 500 nm to 2 microns as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sphere height to be small in order to reduce material cost, used in nanoscale devices, or to maximize coupling distant which reduces coupling loss.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent to Evans 10,288,812US teaches two stack optical waveguides coupled to each other while being on separate substrates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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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 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/ Examiner, Art Unit 2874
/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874