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 .
Status of the Application
1. Claims 1-8 are pending in this application. Claims 1 & 8 are independent claims.
Information Disclosure Statement
2. Applicant is suggested/reminded to disclose relevant prior art(s) or other information that may be material to the patentability of the invention in a pending application. The prior art information must be submitted in the form of an Information Disclosure Statement (“IDS”) (see MPEP 609 & 2001 and 37 CFR 1.56).
Specification
3. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Appropriate correction is required.
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.
4. Claim 8 is 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.
In particular, claim 8 cites “a circular profile comprising a plurality of annuli of decreasing width with increasing radius, wherein the circular profile comprises an alternating arranging of structured and unstructured annuli” is not clear, because the claim does not clearly specify which one of structured & unstructured annuli having lower/greater width with greater/lower radius as compared to the other of the structured/unstructured annuli. For best understanding, Fig. 3 will be considered during examination.
Applicant is suggested to revise and clarify the claim(s) to avoid any further confusions.
For best understanding and examination purpose, the claim(s) will be best considered based on drawings (e.g., Fig. 3), disclosure, and/or any applicable prior arts.
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.
5. Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sandrock et al. (US 20040156401).
Re claim 8, Sandrock teaches, under BRI, Fig. 1 (prior art figure), [0009], an optical element comprising:
a planar body having a circular profile (104, 106, 102) comprising a plurality of annuli of decreasing width with increasing radius, wherein the circular profile (104, 106, 102) comprises an alternating arrangement of structured (104, 106) and unstructured (102) annuli, the structured annuli (104, 106) comprising alternating azimuthal segments of high and low refractive index materials (active core 104, pump core 106) and the unstructured annuli (coating layer 102) comprising a high refractive index material or a low refractive index material (e.g. silicone).
Note: also refer to “duplication of parts”, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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6. Re claim 8, Sandrock teaches, under BRI, Fig. 2, [0038], an optical element comprising:
a planar body having a circular profile (204, 206, 208, 202) comprising a plurality of annuli of decreasing width with increasing radius, wherein the circular profile (204, 206, 208, 202) comprises an alternating arrangement of structured (204, 206) and unstructured (208) annuli, the structured annuli (204, 206) comprising alternating azimuthal segments of high and low refractive index materials (active core 204, pump core 206) and the unstructured annuli (cladding 208) comprising a high refractive index material or a low refractive index material (e.g. silica).
Note: also refer to “duplication of parts”, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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Allowable Subject Matter
7. Claims 1-7 are allowed. The allowable subject matter includes “a planar body having a circular profile comprising a plurality of annuli of decreasing width with increasing radius, wherein the circular profile comprises a sequential arrangement of:
(a) a first annulus comprising alternating azimuthal segments of high and low refractive index materials,
(b) a second annulus comprising the high refractive index material,
(c) a third annulus comprising alternating azimuthal segments of the high and low refractive index materials, and
(d) a fourth annulus comprising the low refractive index material.” (claim 1).
The closest prior arts of record, individually or in combination, do not anticipate or render obvious the combination of limitations cited in claim 1.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY T.V. NGUYEN whose telephone number is (571)270-7431. The examiner can normally be reached Monday-Friday, 7AM-4PM, alternative Friday off.
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, EVA MONTALVO can be reached at (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUY T NGUYEN/Primary Examiner, Art Unit 2818 11/29/25