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 .
Response to Amendment
The amendments to Claim 1 in the submission filed 4/30/2026 are acknowledged and accepted.
New Claim 12 is acknowledged and accepted.
In view of the amendments to the Claims, objection to Claims is withdrawn.
Pending Claims are 1-12.
Response to Arguments
Applicant's arguments (Remarks, filed 4/30/2026) have been considered, but, respectfully, are not found persuasive in view of the amended claims and the new grounds of rejection in view of Jeong’427 et al.
Claims 1-12 are rejected as follows:
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) 1-4,12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sui et al (Flexible broadband white light multimode interference coupler, Optics Express, Vol 29, No 19, 09-13-2021, pages 29730 -29743, of record) in view of Jeong et al (US 2012/0230631 A1, of record) and further in view of Jeong et al (US 2010/0166427 A1, hereafter Jeong’427).
Regarding Claim 1, Sui teaches (fig 1a, b) an optical coupler (RGB coupler, fig 1 caption, waveguide coupler, page 29731, last para) that couples laser lights of a plurality of different wavelengths (red, green blue, RGB), comprising:
a first multimode interferometers (MMI) type optical coupling part; and a second MMI type optical coupling part (MMI1 on the left and on the right, two MMI couplers, page 29731, last para)
wherein a first MMI type optical coupling part and a second MMI type optical coupling part (MMI2 on the right, two MMI couplers, page 29731, last para) are connected from an input side (as in fig 1b), and
a width of the first MMI type optical coupling part (MMI1) is same as a width of the second MMI type optical coupling part (MMI2) (widths are both WMMI, page 29732, 1st para).
However, Sui does not teach
a width of the first MMI type optical coupling part is wider than a width of the second MMI type optical coupling part.
Sui and Jeong are related as MMI.
Jeong teaches (fig 1A),
a width of the first MMI type optical coupling part (MMI coupler 2, para 37) is wider than a width of the second MMI type optical coupling part (MMI coupler 3, para 37) (as in fig 1A).
Therefore, 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 width of the optical coupling part of Sui to have the first MMI part’s width wider than the second MMI part’s width of Jeong for the purpose of reducing the device length (para 40).
However, Sui-Jeong do not teach
the first MMI type optical coupling part and the second MMI type optical coupling part are in direct contact with each other.
Sui-Jeong and Jeong’427 are related as connected first and second MMI parts.
Jeong’427 teaches (fig 32)
the first MMI type optical coupling part (2:4 MMI coupler 2B, para 327) and the second MMI type optical coupling part (2:2 MMI coupler 3, part 327) are in direct contact with each other (as in fig 32).
Therefore, 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 optical coupler of Sui-Jeong to include the first and second MMI parts being directly connected of Jeong’427 for the purpose of using another versatile design with similar action and effects (para 327).
Regarding Claim 2, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 1,
wherein all of the plurality of different wavelengths are visible light wavelengths (RGB wavelengths, pages 28731-28732, Sui).
Regarding Claim 3, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 1,
wherein the optical coupler (RGB coupler, fig 1 caption, waveguide coupler, page 29731, last para, Sui) is a 3-input (R, G, B inputs to MMI1 and MMI2) and 1-output (RGB output from MM2) optical coupler (as in fig 1b), and the optical coupler is configured so that laser lights of three colors (RGB input) are input and the laser light input from a center is laser light with a shortest wavelength (color B is in the center as input in fig 1b, B has shortest wavelength).
Regarding Claim 4, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 3,
wherein the three colors are respectively a red wavelength of 610 nm or more and 750 nm or less (660nm), a green wavelength of 500 nm or more and 560 nm or less (550nm), and a blue wavelength of 435 nm or more and 480 nm or less (440nm) (page 29733, 2nd para, Sui).
The optical coupler according to claim 1, wherein a beat length in the second MMI type optical coupling part is shortened by making the second the width of the second MMI type optical coupling unit narrower than the width of the first MMI type optical coupling part.
Regarding Claim 12, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 1.
However, Sui does not teach
wherein a beat length in the second MMI type optical coupling part is shortened by making the second the width of the second MMI type optical coupling unit narrower than the width of the first MMI type optical coupling part.
Sui and Jeong are related as MMI.
Jeong teaches (fig 1A),
wherein a beat length in the second MMI type optical coupling part (MMI coupler 3, para 37) is shortened by making the second the width of the second MMI type optical coupling unit (MMI coupler 3, para 37) narrower than the width of the first MMI type optical coupling part (MMI coupler 2, para 37) (as in fig 1A).
"While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “Apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114).
Because the structure of the claimed system, as identified above and in the original action, is the same as that claimed, it must inherently perform the same function and beat length in the second MMI type optical coupling part will be shortened. See MPEP § 2112.01.
Therefore, 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 width of the optical coupling part of Sui to shorten the beat length in second MMI of Jeong for the purpose of reducing the device length (para 40).
Claim(s) 5, is/are rejected under 35 U.S.C. 103 as being unpatentable over
Sui et al (Flexible broadband white light multimode interference coupler, Optics Express, Vol 29, No 19, 09-13-2021, pages 29730 -29743, of record) in view of Jeong et al (US 2012/0230631 A1, of record) and further in view of Jeong et al (US 2010/0166427 A1, hereafter Jeong’427) and Ma et al (US 10,012,795 B2, of record).
Regarding Claim 5, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 4.
However, Sui does not teach
wherein a connection portion of the second MMI type optical coupling part with the first MMI type optical coupling part has a taper of which a width becomes wider as the taper approaches the first MMI type optical coupling part.
Sui and Ma are related as MMI coupler.
Ma teaches (fig 2)
a connection portion of the optical coupler (MMI coupler, col 5, lines 4-6) has a taper (guiding tapers, length L_taper, col 5, lines 18-26) of which a width becomes wider as the taper approaches the coupler (“Short tapers are introduced between the multimode region and input/output waveguides to better guiding the optical mode”, col 4, lines 64-66).
Therefore, 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 connection portion of the second and first MMI type optical coupling parts of Sui to include the taper of Ma for the purpose of smoothly transforming the input/output profile (col 5, lines 18-26).
Claim(s) 6-11, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sui et al (Flexible broadband white light multimode interference coupler, Optics Express, Vol 29, No 19, 09-13-2021, pages 29730 -29743, of record) in view of Jeong et al (US 2012/0230631 A1, of record) and further in view of Jeong et al (US 2010/0166427 A1, hereafter Jeong’427) and Okamoto et al (US 2017/0052423 A1, of record).
Regarding Claim 6, Sui-Jeong-Jeong’427 teaches the optical coupler according to claim 1.
However, Sui does not teach
further comprising:
a substrate made of a material different from lithium niobate; and an optical coupling functional layer formed on a main surface of the substrate and made of a lithium niobate film, wherein the optical coupler is formed in the optical coupling functional layer.
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 7)
further comprising:
a substrate (buffer layer 304, para 121) made of a material different from lithium niobate; and
an optical coupling functional layer (substrate 301, para 121, “optical waveguides 302R (third optical waveguide), 302G (second optical waveguide), and 302B (first optical waveguide) formed in the substrate 301”, para 121) formed on a main surface of the substrate (buffer layer 304, para 121) and made of a lithium niobate film (“Examples of the material showing the electro-optical effect may include a lithium niobate (LiNbO.sub.3)”, para 124),
wherein the optical coupler (coupler formed of waveguides 302R,G,B) is formed in the optical coupling functional layer (substrate 301, para 121).
Therefore, 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 coupler of Sui to include the LiNbO3 of Okamoto for the purpose of showing electrooptical effect and allowing size of the device to be reduced (para 125).
Regarding Claim 7, Sui-Jeong-Jeong’427-Okamoto teaches a visible light source module comprising: the optical coupler according to claim 6;
However, Sui does not teach
a plurality of visible laser light sources configured to emit visible lights that are coupled by the optical coupler.
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 3,7)
further comprising:
a plurality of visible laser light sources (plurality of light sources 311R, 311G and 311B, which emit light fluxes having different wavelengths”, para 77, LB, LG, LR) configured to emit visible lights that are coupled by the optical coupler (optical waveguides 302R (third optical waveguide), 302G (second optical waveguide), and 302B (first optical waveguide) formed in the substrate 301”, para 121).
Therefore, 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 coupler of Sui to include the light sources of Okamoto for the purpose of generating a full color image (para 78).
Regarding Claim 8, Sui-Jeong-Jeong’427-Okamoto teaches an optical coupler with a light modulation function, comprising: the optical coupler according to claim 6;
However, Sui does not teach
a Mach-Zehnder type optical modulator connected to the optical coupler and configured to guide a plurality of visible lights emitted from a plurality of visible laser light sources to the optical coupler.
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 3,7)
a Mach-Zehnder type optical modulator (“the first modulation section uses a Mach-Zehnder-type modulation method”, para 32) connected to the optical coupler and configured to guide a plurality of visible lights emitted from a plurality of visible laser light sources (plurality of light sources 311R, 311G and 311B, which emit light fluxes having different wavelengths”, para 77, LB, LG, LR) to the optical coupler (optical waveguides 302R (third optical waveguide), 302G (second optical waveguide), and 302B (first optical waveguide) formed in the substrate 301”, para 121). .
Therefore, 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 coupler of Sui to include the Mach-Zender modulator of Okamoto for the purpose of arbitrary adjustment of modulation width with a simple structure (para 159).
Regarding Claim 9, Sui-Jeong-Jeong’427-Okamoto teaches the visible light source module comprising: the optical coupler with a light modulation function according to claim 8;
However, Sui does not teach
a plurality of visible laser light sources configured to emit visible lights that are coupled by the optical coupler with a light modulation function
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 3,7)
a plurality of visible laser light sources (plurality of light sources 311R, 311G and 311B, which emit light fluxes having different wavelengths”, para 77, light fluxes LB, LG, LR) configured to emit visible lights that are coupled by the optical coupler (optical waveguides 302R (third optical waveguide), 302G (second optical waveguide), and 302B (first optical waveguide) formed in the substrate 301”, para 121). with a light modulation function (“the first modulation section uses a Mach-Zehnder-type modulation method”, para 32).
Therefore, 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 coupler of Sui to include the modulation function of Okamoto for the purpose of arbitrary adjustment of modulation width with a simple structure (para 159).
Regarding Claim 10, Sui-Jeong-Jeong’427-Okamoto teaches an optical engine (image display apparatus 1, para 60) comprising:
the visible light source module according to claim 7;
However, Sui does not teach
a light scanning mirror that reflects light emitted from the visible light source module by changing an angle to display an image.
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 1,2,3,7)
a light scanning mirror (“light sweeper 42 (light scanner)”, para 76) that reflects light emitted from the visible light source module (“The signal generator 3 has a function of generating signal light fluxes”, para 74) (plurality of light sources 311R, 311G and 311B, which emit light fluxes having different wavelengths”, para 77, LB, LG, LR) by changing an angle to display an image (“image”, para 60).
Therefore, 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 coupler of Sui to include the scanner of Okamoto for the purpose of displaying a high resolution image in a head mounted display (para 39).
Regarding Claim 11, Sui-Jeong-Jeon’g427-Okamoto teaches the optical engine comprising:
the visible light source module according to claim 9; and
However, Sui does not teach
a light scanning mirror that reflects light emitted from the visible light source module by changing an angle to display an image.
Sui and Okamoto are related as light coupler.
Okamoto teaches (fig 1,2,3,7)
a light scanning mirror (“light sweeper 42 (light scanner)”, para 76) that reflects light emitted from the visible light source module (“The signal generator 3 has a function of generating signal light fluxes”, para 74) (plurality of light sources 311R, 311G and 311B, which emit light fluxes having different wavelengths”, para 77, LB, LG, LR) by changing an angle to display an image (“image”, para 60).
Therefore, 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 coupler of Sui to include the scanner of Okamoto for the purpose of displaying a high resolution image in a head mounted display (para 39).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTSNA V DABBI whose telephone number is (571)270-3270. The examiner can normally be reached M-Fri: 9:00am-5:00pm.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 6/21/2026
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