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.
Claim(s) 1, 2, 5-12, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 9,372,347 to Levola et al in view of U.S. Patent Application Publication 2003/0224116 to Chen et al.
In regards to claims 1, 2, 12, and 20, Levola recites a waveguide combiner (3B) comprising a substrate comprising a substrate material, an input coupling grating (12) comprising: first structures (SRG; grating lines) of a grating material disposed on the substrate wherein the sidewalls of the first structures have at a non-perpendicular angle (Figures 5b & 5c) relative to the substrate and an output coupling grating (16) comprising: second structures (SRG; grating lines) of the grating material disposed on the substrate. But Levola fails to expressly recite the claimed details of the input and output coupling grating. More specifically, Levola fails to expressly recite an encapsulation layer of an encapsulation material disposed on top surfaces of the first structures and upper portion of sidewalls of the first structures, the encapsulation layer, the substrate, and the first structures define cavities having a refractive index of about 1.0; and the encapsulation layer of the encapsulation material disposed on the top surfaces of the second structures and the upper portion of the sidewalls of the second structures, the encapsulation layer, the substrate, and the second structures define the cavities having the refractive index of about 1.0. However, Chen teaches a grating structure (Figures 3-5 and 7-8) comprising a substrate (330, 430, 530, 730) comprising a substrate material, a coupling grating comprising: structures (320, 420, 520, 720) of a grating material disposed on the substrate, an encapsulation layer (350, 450, 550, 722/760) of an encapsulation material disposed on top surfaces of the structures and the upper portion of the sidewalls of the structure, the encapsulation layer, the substrate, and the first structures define cavities (air) having a refractive index of about 1.0 (air). Since Levola is silent regarding the details of the coupling gratings and Chen teaches the claimed details of coupling gratings for transmission purposes, Chen’s specifically taught coupling gratings improving optical characteristics to enhance the device’s performance such as transmittance, operating bandwidth and resonance [0033]. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have applied the coupling grating of Chen in the device of Levola.
In regards to claims 5, 6, 15, and 16, although Levola in view of Chen does not expressly recite the substrate material comprises one or more of silicon (Si), silicon dioxide (SiO2), plastic, polycarbonate, sapphire-containing materials, lanthanum (La) doped glass, zirconium (Zr) doped glass, or Zinc (Zn) doped glass and the substrate material has a substrate refractive index between about 1.5 to about 2.4, the claimed materials are well known and commonly chosen materials for use in substrates in optical devices. Furthermore, since the materials for the substrate are well known and commonly chosen, the materials also meet the physical refractive index characteristics between about 1.5 to about 2.4. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the substrate material comprises one or more of silicon (Si), silicon dioxide (SiO2), plastic, polycarbonate, sapphire-containing materials, lanthanum (La) doped glass, zirconium (Zr) doped glass, or Zinc (Zn) doped glass and the substrate material has a substrate refractive index between about 1.5 to about 2.4.
In regards to claims 7 and 8, Chen recites the encapsulation material comprises silica-containing materials, polymer-containing materials, fluoropolymer materials silicon dioxide (SiO2), carbon- and nitride-doped silicon oxide (SiCON), silicon carbon nitride (SiCN), aluminum fluoride (AlF3), or magnesium fluoride (MgF2) ([0034; claim 7) and therefore also recites the encapsulation material has an encapsulation refractive index between about 1.0 to about 1.7 since the materials are recited and the refractive index is a physical characteristics of the material.
In regards to claims 9 and 19, Chen recites an encapsulation refractive index of the encapsulation layer is lower than a grating refractive index of the grating material.
In regards to claims 10 and 11, Chen recites the cavities have atmospheric air disposed therein at or about atmospheric pressure and the cavities have atmospheric air disposed therein at sub-atmospheric pressure.
Claim(s) 3, 4, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 9,372,347 to Levola et al in view of U.S. Patent Application Publication 2003/0224116 to Chen et al as applied to claims 1 and 12 above and in further view of U.S. Patent Application Publication 2020/0158943 to Calafiore.
In regards to claims 3, 4, 13, and 14, Levola in view of Chen fail to expressly teach the grating material comprises: at least one of silicon oxycarbide (SiOC), titanium oxide (TiOX), TiOX nanomaterials, niobium oxide (NbOX), niobium- germanium (Nb3Ge), silicon dioxide (SiO2), silicon oxycarbonitride (SiOCN), vanadium (IV) oxide (VOX), aluminum oxide (Al2O3), indium tin oxide (ITO), zinc oxide (ZnO), tantalum pentoxide (Ta2O5), silicon nitride (Si3N4), Si3N4 silicon-rich, Si3N4 hydrogen-doped, Si3N4 boron-doped, silicon carbon nitrate (SiCN), titanium nitride (TiN), zirconium dioxide (ZrO2), germanium (Ge), gallium phosphide (GaP), poly-crystalline (PCD), nanocrystalline diamond (NCD), or doped diamond containing materials and the grating material has a grating refractive index between about 1.5 to about 2.65, or about 3.5 to about 4.0. However, Calafiore teaches a slanted grating having an overcoat/encapsulation layer (Figure 3) Calafiore further teaches the grating to be formed from materials such as silicon-oxycarbonitride, titanium (di)oxide, silicon nitride and other silicon, material, intermetallic and polymer compounds. [0028, 0032] Since Calafiore and Levola both teach the gratings to be applied in virtual, mixed and augmented reality systems and Calafiore further details the materials of the grating, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the grating material comprises: at least one of silicon oxycarbide (SiOC), titanium oxide (TiOX), TiOX nanomaterials, niobium oxide (NbOX), niobium- germanium (Nb3Ge), silicon dioxide (SiO2), silicon oxycarbonitride (SiOCN), vanadium (IV) oxide (VOX), aluminum oxide (Al2O3), indium tin oxide (ITO), zinc oxide (ZnO), tantalum pentoxide (Ta2O5), silicon nitride (Si3N4), Si3N4 silicon-rich, Si3N4 hydrogen-doped, Si3N4 boron-doped, silicon carbon nitrate (SiCN), titanium nitride (TiN), zirconium dioxide (ZrO2), germanium (Ge), gallium phosphide (GaP), poly-crystalline (PCD), nanocrystalline diamond (NCD), or doped diamond containing materials. Furthermore, Calafiore must also teach the grating materials as claimed, Calafiore must also teach the grating material has a grating refractive index between about 1.5 to about 2.65, or about 3.5 to about 4.0 since the materials are recited and the refractive index is a physical characteristics of the material.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure.
The documents submitted by applicant in the Information Disclosure Statements have been considered and made of record. Note attached copy of forms PTO-1449.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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/TINA WONG/Primary Examiner, Art Unit 2874