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 .
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
Claims 1, 3, 6, and 9-11 recites the limitation "the.” There is insufficient antecedent basis for this limitation in the claim, for “a transparent first cover member” is originally recited in Claim 1.
Claims 4-5, 7-9, and 12-13 recites the limitation "the second cover member.” There is insufficient antecedent basis for this limitation in the claim, for “a transparent second cover member” is originally recited in Claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-13 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.
With respect to Claims 1-13, the sentences recite “first low-refractive-index layer having a refractive index lower than a refractive index of the liquid crystal layer" and "second low-refractive-index layer having a refractive index lower than a refractive index of the optical waveguide” which seems to be ambiguous in definition. It is unclear how the phrase “low-refractive-index layer having a refractive index lower than a refractive index...” should be interpreted and it is unclear as to what the metes and bounds of the above claim limitations are and would be needed to meet the above claim limitations.
“[F]irst low-refractive-index layer having a refractive index lower than a refractive index of the liquid crystal layer" and "second low-refractive-index layer having a refractive index lower than a refractive index of the optical waveguide” are indefinite and ambiguous because these limitations fail to provide an objective baseline for comparison in refractive indices of several claimed elements. The claims do not identify the material composition of the layers, the wavelength or wavelength range at which refractive index is measured, the type of refractive index (e.g., ordinary, extraordinary, effective, group, phase index, etc.) or the measurement conditions (e.g., polarization, temperature, propagation mode, etc.). Since refractive index varies within material, wavelength, polarization, and structure, a person having ordinary skill in the art cannot determine with reasonable certainty whether a given layer satisfies the claimed “low-refractive index” limitation, and thus, rendering the scope of the claims unclear.
For the prosecution on merits, examiner interprets the claimed subject matter described above as introducing optional elements, optional structural limitations, optional expressions, and optional functionality within a liquid crystal optical element.
Applicant should clarify the claim limitations as appropriate. Care should be taken during revision of the description and of any statements of problem or advantage, not to add subject-matter which extends beyond the content of the application (specification) as originally filed.
If the language of a claim, considered as a whole in light of the specification and given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection of the claims under 35 U.S.C. 112, second paragraph, is appropriate. See MPEP 2173.05(a), MPEP 2143.03(I), and MPEP 2173.06.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noda et al. US 20200393547 A1 (herein after "Noda").
With respect to Claim 1, Noda discloses a liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) comprising:
an optical waveguide (waveguide 1; [0432]) comprising a first main surface (facing lower electrode 62; fig. 50) and a second main surface (waveguide 1 surface facing upper electrode 62; fig. 50) opposed to the first main surface (waveguide 1 surface facing lower electrode 62; fig. 50);
an alignment film (alignment layer/film; [0435]) disposed on the second main surface (e.g., alignment film disposed on upper electrode 62, waveguide 1 surface facing upper electrode 62; [0429]);
a liquid crystal layer (optical waveguide layer 20 is a liquid crystal layer; [0446]) which overlaps the alignment film (alignment film on upper electrode 62 located between waveguide 1 and optical waveguide layer 20 in X-direction; fig. 50), which comprises cholesteric liquid crystals (liquid crystal material being nematic liquid crystal, nematic LC molecules utilized as material of optical waveguide layer 20; [0419-425]), and which reflects (fig. 49a-b) at least part of light incident (incident angle and reflecting angle of light; [0417]; fig. 49a-b) through the optical waveguide (waveguide 1; [0432]) toward the optical waveguide (waveguide 1; [0432]; fig. 50); and
a transparent first cover member (transparent lower electrode 62; [0428-429]) opposed to the liquid crystal layer (optical waveguide layer 20; [0446]) with a first low-refractive-index layer (phase shift material of phase shifter/additional waveguide 80, refractive index of phase shift material in additional waveguide of phase shifter 80 is modulated, additional waveguide having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]) interposed between (phase shift material of phase shifter/additional waveguide 80 located between transparent lower electrode 62 and optical waveguide layer 20 in Z-direction; fig. 50) the first cover member (transparent lower electrode 62; [0428-429]) and the liquid crystal layer (optical waveguide layer 20; [0446]), the first low-refractive-index layer (phase shift material of phase shifter/waveguide 80 having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]) having a refractive index lower than a refractive index (e.g., if phase shift material of phase shifter/additional waveguide 80 has optical material of SiO2/silicon dioxide, material refractive index can be lower than refractive index n⊥ of liquid crystal in optical waveguide layer 20 being about 1.5 when driving voltage is applied, and refractive index n// from about 1.6 to about 1.7 when no driving voltage is applied; e.g., SiO2 n ≈ 1.46 < n⊥ ≈ 1.5, n// ≈ 1.6-1.7; [0368] and [0427-428]; fig. 49a-50) of the liquid crystal layer (optical waveguide layer 20; [0446]).
With respect to Claim 2, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 1, wherein
the liquid crystal layer (optical waveguide layer 20; [0446]) comprises a first layer and a second layer (optical waveguide layer 20 having layers i.e., multiple layers; [0425]) composed of the cholesteric liquid crystals (liquid crystal material being nematic liquid crystal, nematic LC molecules utilized as material of optical waveguide layer 20; [0419-425]), and
in the first layer and the second layer (optical waveguide layer 20 having layers i.e., multiple layers; [0425]), the cholesteric liquid crystals (liquid crystal material being nematic liquid crystal, nematic LC molecules utilized as material of optical waveguide layer 20; [0419-425]) have an equal helical pitch (as seen in fig. 49a-b) and turn in opposite directions (liquid crystal molecules 76 aligned parallel to longitudinal direction of optical waveguide layer 20 in X-direction and turns in opposite direction aligned perpendicular to longitudinal direction; [0426-428]; fig. 48a-b).
With respect to Claim 3, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 1, further comprising a first adhesive (polyimide to form alignment layer/film; [0435]) which adheres a periphery of the first cover member (polyimide to form alignment layer/film present between optical waveguide layer 20 and transparent lower electrode 62; [0429] and [0435]) to the liquid crystal layer (optical waveguide layer 20; [0446]) in a state in which the first low-refractive-index layer (phase shift material of phase shifter/additional waveguide 80 having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]) is interposed between (phase shift material of phase shifter/additional waveguide 80 located between transparent lower electrode 62 and optical waveguide layer 20 in Z-direction; figs. 50) the liquid crystal layer (optical waveguide layer 20; [0446]) and the first cover member (transparent lower electrode 62; [0428-429]).
With respect to Claim 4, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 3, further comprising a transparent second cover member (transparent upper electrode 62; [0428-429]) opposed to the optical waveguide (waveguide 1; [0432]; fig. 49a-50) with a second low-refractive-index layer (heater 68 formed of material having high electrical resistance, inclusive of low refractive indices, e.g., aluminum; [0385-387]; fig. 50) interposed between (heater 68 located between transparent upper electrode 62 and waveguide 1 in Z-direction; fig. 50) the second cover member (transparent upper electrode 62; [0428-429]) and the optical waveguide (waveguide 1; [0432]), the second low-refractive-index layer (heater 68; [0385]; fig. 50) having a refractive index lower than a refractive index (e.g., if heater 68 is formed of high electrical resistance material of aluminum, material refractive index can be lower than refractive index of waveguide 1 having optical material of SiN; e.g., Al n ≈ 1.3-1.5 < SiN ≈ 1.8-2.3; [0368] and [0387]; fig. 49a-50) of the optical waveguide (waveguide 1; [0432]).
With respect to Claim 5, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 4, further comprising a second adhesive (polyimide to form alignment layer/film or conductive polymer such as PEDOT utilized for electrodes 62; [0378] and [0435]) which adheres a periphery of the second cover member (e.g., polyimide to form alignment layer/film present between optical waveguide layer 20 comprising waveguide 1 and transparent upper electrode 62; [0429] and [0435]; fig. 50) to the optical waveguide (waveguide 1; [0432]) in a state in which the second low-refractive-index layer (heater 68 [0385-387]; fig. 50) is interposed between (heater 68 located between transparent upper electrode 62 and waveguide 1 in Z-direction; figs. 50) the optical waveguide (waveguide 1; [0432]) and the second cover member (transparent upper electrode 62; [0428-429]).
With respect to Claim 6, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 1, further comprising a support body (second mirror 40; [0178]; fig. 50) which supports the first cover member (transparent lower electrode 62; [0428-429]) in a state in which the first low-refractive-index layer (phase shift material of phase shifter/additional waveguide 80 having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]) is interposed between (phase shift material of phase shifter/additional waveguide 80 located between transparent lower electrode 62 and optical waveguide layer 20 in Z-direction; fig. 50) the liquid crystal layer (optical waveguide layer 20; [0446]) and the first cover member (transparent lower electrode 62; [0428-429]).
With respect to Claim 7, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 6, further comprising a transparent second cover member (transparent upper electrode 62; [0428-429]) opposed to the optical waveguide (waveguide 1; [0432]) with a second low-refractive-index layer (heater 68 formed of material having high electrical resistance, inclusive of low refractive indices, e.g., aluminum; [0385-387]; fig. 50) interposed between (heater 68 located between transparent upper electrode 62 and waveguide 1 in Z-direction; fig. 50) the second cover member (transparent upper electrode 62; [0428-429]) and the optical waveguide (waveguide 1; [0432]), the second low-refractive-index layer (heater 68; [0385-387]; fig. 50) having a refractive index lower than a refractive index (e.g., if heater 68 is formed of high electrical resistance material of aluminum, material refractive index can be lower than refractive index of waveguide 1 having optical material of SiN; e.g., Al n ≈ 1.3-1.5 < SiN ≈ 1.8-2.3; [0368] and [0387]; fig. 49a-50) of the optical waveguide (waveguide 1; [0432]).
With respect to Claim 8, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 7, wherein the support body (second mirror 40; [0178]; fig. 50) supports the second cover member (transparent upper electrode 62; [0428-429], second mirror 40 supports structure for both electrodes 62 as seen in fig. 50) in a state in which the second low-refractive-index layer (heater 68; [0385-387]; fig. 50) is interposed between (heater 68 located between transparent upper electrode 62 and waveguide 1 in Z-direction; fig. 50) the optical waveguide (waveguide 1; [0432]) and the second cover member (transparent upper electrode 62; [0428-429]).
Claim Rejections - 35 USC § 103
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 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. US 20200393547 A1 (herein after "Noda") in view of Fig. 73 Embodiment of Noda.
With respect to Claim 9, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 8.
The embodiment of Figs. 49a-50 of Noda does not appear to explicitly teach the following limitations: further comprising a cushioning member which is interposed between a stacked layer body of the optical waveguide, the alignment film, and the liquid crystal layer, and the support body, between the first cover member and the support body, and between the second cover member and the support body.
However, in another embodiment (Fig. 73), Noda teaches an adjustment layer (adjustment layer 51; [0571]) that adjusts its thickness (dielectric layer 51 referred to as adjustment layer 51, adjusting thickness of adjustment layer 51 in Z direction; [0565]) and is formed of SiO2/silicon dioxide ([0565]). Noda further teaches the adjustment layer 51 being interposed between a stacked layer body (e.g., [0561]; fig. 73) of the optical waveguide (waveguide 1; [0432]), the alignment film (alignment layer/film; [0435]), and the liquid crystal layer (optical waveguide layer 20; [0446]), and the support body (second mirror 40; [0178]; fig. 73), between the first cover member (transparent lower electrode 62a; [0428-429]) and the support body (second mirror 40; [0178]; fig. 73), and between the second cover member (transparent upper electrode 62b; [0428-429]) and the support body (second mirror 40; [0178]; fig. 73).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Figs 49a-50 of Noda to include the technical feature of a dielectric and thickness adjustment layer formed within optical waveguide layer(s) having liquid crystal material, for the purpose of increasing coupling efficiency of light from a waveguide to an optical waveguide layer and preventing guided light in a waveguide from being absorbed, scattered, and reflected by a second mirror, as taught by Noda ([0565]).
With respect to Claim 10, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 1.
The embodiment of Figs. 49a-50 of Noda does not appear to explicitly teach the following limitations: further comprising a first main spacer which contacts the liquid crystal layer and the first cover member, and which is surrounded by the first low-refractive-index layer.
However, in another embodiment (Fig. 73), Noda teaches an adjustment layer (adjustment layer 51; [0571]) that adjusts its thickness (dielectric layer 51 referred to as adjustment layer 51, adjusting thickness of adjustment layer 51 in Z direction; [0565]) and serves also as a spacer ([0565]). Noda further teaches the adjustment layer 51 contacting the liquid crystal layer (optical waveguide layer 20; [0446]) and the first cover member (transparent lower electrode 62a; [0428-429]; fig. 73), and which is surrounded by the first low-refractive-index layer (phase shift material of phase shifter/additional waveguide 80 having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]; fig. 50 in view of fig. 73; substrate 50 also surrounding adjustment layer 51 and is formed of material such as glass Si, SiO2, GaAs, or GaN; [0557]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Figs 49a-50 of Noda to include the technical feature of a dielectric and thickness adjustment layer formed within optical waveguide layer(s) having liquid crystal material, for the purpose of increasing coupling efficiency of light from a waveguide to an optical waveguide layer and preventing guided light in a waveguide from being absorbed, scattered, and reflected by a second mirror, as taught by Noda ([0565]).
With respect to Claim 12, Noda discloses the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 1, further comprising:
a transparent second cover member (transparent upper electrode 62; [0428-429]) opposed to the optical waveguide (waveguide 1; [0432]) with a second low-refractive-index layer (heater 68 formed of material having high electrical resistance, inclusive of low refractive indices, e.g., aluminum; [0385-387]; fig. 50) interposed between the second cover member (transparent upper electrode 62; [0428-429]) and the optical waveguide (waveguide 1; [0432]), the second low-refractive-index layer (heater 68; [0385-387]; fig. 50) having a refractive index lower than a refractive index (e.g., if heater 68 is formed of high electrical resistance material of aluminum, material refractive index can be lower than refractive index of waveguide 1 having optical material of SiN; e.g., Al n ≈ 1.3-1.5 < SiN ≈ 1.8-2.3; [0368] and [0387]; fig. 49a-50) of the optical waveguide (waveguide 1; [0432]);
The embodiment of Figs. 49a-50 of Noda does not appear to explicitly teach the following limitations: a second main spacer which contacts the optical waveguide and the second cover member, and which is surrounded by the second low-refractive-index layer.
However, in another embodiment (Fig. 73), Noda teaches a protective layer 61 (second dielectric layer 61 serves also as the protective layer; [0567]) which contacts the optical waveguide (waveguide 1; [0432]) and the second cover member (transparent upper electrode 62b; [0428-429]), and which is surrounded by the second low-refractive-index layer (heater 68 formed of material having high electrical resistance, inclusive of low refractive indices, e.g., aluminum; [0385-387]; fig. 73).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Figs 49a-50 of Noda to include the technical feature of a dielectric, protective layer formed within optical waveguide layer(s) having liquid crystal material, for the purpose of preventing particles and dust from adhering to a waveguide and reducing loss of guided light within said waveguide, as taught by Noda ([0567]).
With respect to Claim 13, Figs. 49a-50 and 73 Embodiments of Noda teaches the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 12.
The embodiment of Figs. 49a-50 of Noda do not appear to explicitly teach the following limitations: further comprising a second sub-spacer which is separated from the optical waveguide, which contacts the second cover member, and which is surrounded by the second low-refractive-index layer.
However, in another embodiment (Fig. 73), Noda teaches a first mirror 30 ([0570]; fig. 73) spaced and separated from the optical waveguide (waveguide 1; [0432]), which contacts the second cover member (transparent upper electrode 62b; [0428-429]), and which is surrounded by the second low-refractive-index layer (heater 68 formed of material having high electrical resistance, inclusive of low refractive indices, e.g., aluminum; [0385-387]; fig. 73).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Figs 49a-50 and 73 of Noda to include the technical feature of a mirror layer acting as a physical spacer formed within optical waveguide layer(s) having liquid crystal material, for the purpose of allowing part of light propagating in an optical waveguide layer to pass through, as taught by Noda ([0180]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Noda et al. US 20200393547 A1 (herein after "Noda") in view of Fig. 73 Embodiment of Noda as applied to Claim 10 above, and further in view of Fig. 79 Embodiment of Noda.
With respect to Claim 11, Figs. 49a-50 and 73 Embodiments of Noda teaches the liquid crystal optical element (optical scanning device 100 comprising waveguide elements 10 and optical waveguide layer(s) having liquid crystal material; [0176] and [0280]) of claim 10.
Figs. 49a-50 and 73 Embodiments of Noda do not appear to explicitly teach the following limitations: further comprising a first sub-spacer which is separated from the liquid crystal layer, which contacts the first cover member, and which is surrounded by the first low-refractive-index layer.
However, in another embodiment (Fig. 79), Noda teaches portion 51a of adjustment layer 51 ([0590]), which contacts the first cover member (transparent lower electrode 62a; [0428-429]), and which is surrounded by the first low-refractive-index layer (phase shift material of phase shifter/additional waveguide 80 having variable refractive index inclusive of low refractive indices; [0362-369] and [0432]; fig. 50 in view of fig. 73 and 79; first portion 1a of waveguide 1 also surrounding adjustment layer 51 and is formed of optical material SiN; [0368] and [0387]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Figs 49a-50 and 73 of Noda to include the technical feature of a dielectric and thickness adjustment layer portions formed within optical waveguide layer(s) having liquid crystal material, for the purpose of increasing coupling efficiency of light from a waveguide to an optical waveguide layer and preventing guided light in a waveguide from being absorbed, scattered, and reflected by a second mirror, as taught by Noda ([0565]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Konegawa et al. US 20200249400 A1 discloses an optical waveguide member connector and producing method thereof similar to that of the claimed invention. Hashiya et al. US 20200379314 A1 discloses an optical device and photodetection system similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K MUHAMMAD whose telephone number is (571)272-4210. The examiner can normally be reached Monday - Thursday 1:00pm - 9:30pm EDT.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K MUHAMMAD/Examiner, Art Unit 2872 08 January 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872