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 .
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.
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on February 11, 2026, is acknowledged.
Claim Rejections - 35 USC § 102
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, 4, 5, 7, 9, 12, 15, 16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0219885 (“WATTS”).
Regarding claims 1 and 12, WATTS teaches an optical grating (130; FIG. 11) in a plane defined by a first axis (horizontal) and a second axis (vertical) orthogonal to the first axis, configured to receive at an optical grating input (at left-hand side) of the optical grating a collimated optical signal propagating parallel to the first axis, further configured to emit an optical beam from optical grating portions of the optical grating (par. [0068]), the optical grating comprising: N (=4) optical waveguides (131-134) each of which comprises a waveguide input (at left-hand side), a waveguide end (at right-hand side), and an optical grating portion (135-138, respectively) comprising a grating input (at right-hand end) and a grating end (at left-hand end), wherein N is an integer greater than one; wherein each optical waveguide is in the plane and parallel with each of other optical waveguides of the N optical waveguides (FIG. 11); and at least one of.(a) wherein each grating input of two or more of the N optical waveguides is located at different positions along or parallel to the first axis; and (b) wherein each grating end of at least two of the N optical waveguides is located at other different positions along or parallel to the first axis; and wherein a grating amplitude differs between at least two optical grating portions at at least one position along or parallel to the second axis (all, FIG. 11); wherein each optical waveguide whose optical grating portion commences after to the waveguide input along or parallel to the first axis further comprises an input optical waveguide portion which has no optical gratings and which optically connects the waveguide input to the grating input (FIG. 11).
Regarding claims 4 and 15, WATTS teaches that each end waveguide portion and each input waveguide portion have same height along or parallel to a third axis as each input waveguide portion, wherein the third axis is orthogonal to each of the first and the second axes (FIG. 12).
Regarding claims 5 and 16, WATTS teaches that each of the N optical waveguides comprises a planar optical waveguide (FIG. 11).
Regarding claims 7 and 18, WATTS teaches that each of the N optical waveguides comprises a core surrounded by a cladding; wherein an index of refraction of the core is greater than the index of refraction of the cladding (par. [0148]).
Regarding claims 9 and 20, WATTS teaches that the optical grating input includes an optical waveguide input of each of the N optical waveguides (FIG. 11).
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.
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.
Claims 2, 3, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over WATTS in view of US 2009/0263079 (“SHAPIRA”).
WATTS teaches the limitations of the respective base claims. WATTS does not teach that the grating amplitude of each optical grating portion increases along or parallel to the first axis. SHAPIRA teaches that a grating amplitude of optical grating portions increases along or parallel to a first axis (pars. [0027], [0053], [0060]). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the grating amplitudes of WATTS as taught by SHAPIRA. The motivation would have been to improve optical coupling efficiency (pars. [0027], [0053], [0060]).
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over WATTS in view of US 2021/0336416 (“YOFFE”).
WATTS teaches the limitations of the respective base claims. WATTS does not teach that each of the optical grating portion comprises periodically expanding and diminishing a width of optical waveguide, wherein the width is along or parallel to the second axis. YOFFE teaches that each optical grating portion comprises periodically expanding and diminishing a width of an optical waveguide, wherein the width is along or parallel to a second axis (pars. [0041], [0042]). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the waveguide widths of WATTS as taught by YOFFE. The motivation would have been to more conveniently fabricate the grating structure (pars. [0041], [0042]).
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over WATTS in view of US 2011/0150392 (“QIAN”).
WATTS teaches the limitations of the respective base claims. WATTS does not teach that each of the N optical waveguides are on a substrate. QIAN teaches that each of N optical waveguides are on a substrate (par. [0035]). It would have been obvious to one of ordinary skill in the art at the effective filing date to modify the waveguides of WATTS so as to be on a substrate, as taught by QIAN. The motivation would have been to immobilize the waveguides so as to maintain optical alignment (par. [0035]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY M BLEVINS whose telephone number is (571)272-8581. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hollweg can be reached at 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY M BLEVINS/Primary Examiner, Art Unit 2874