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 § 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.
Claim(s) 1,9,11-15, is/are rejected under 35 U.S.C. 102a as being anticipated by OKADA, YUKA et al (WO 2012023274 A1)
Regarding Claim 1,
OKADA, YUKA et al (Drawing 12) discloses a diffractive optical element comprising: a substrate (121b) having a surface on which a diffraction grating (13) is provided; and a resin layer (see pasted figure below where dotted lines are) provided on the surface of the substrate (121b) so as to cover the diffraction grating (13), wherein, in plan view as viewed along an optical axis direction, the diffraction grating includes: a first diffraction grating having a circular shape (Drawing 12b,12d); and a second diffraction grating (13 on 121a) having an arc shape, the second diffraction grating (13 on 121a) being arranged on an outer side of the first diffraction grating (13 of 121b), wherein the diffractive optical element includes an optical effective region and a non-optical effective region (outer peripheral edge shown in Fig. 1c, 15ae and 15be) surrounding the optical effective region, wherein the second diffraction grating (13 on 121a) has an arc end positioned in the non-optical effective region, and wherein a thickness of the resin layer provided in the non-optical effective region is larger than a thickness of the resin layer provided in the optical effective region (see figure pasted below with arrows).
[AltContent: textbox (Fourth region continuous with diffractions)][AltContent: arrow][AltContent: textbox (This outer peripheral area (which is the non optical effective region) is thicker than the optical effective region)][AltContent: textbox (the optical effective region)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (Arc shape here)][AltContent: arrow][AltContent: textbox (Resin behind dotted line facing away from the diffraction parts 13)][AltContent: connector][AltContent: arrow]
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Regarding Claim 9,
OKADA, YUKA et al (Drawing 12) wherein the resin layer is made of a photocurable resin.(“… According to this manufacturing method, it is not necessary to individually form the concave portion 18 and the convex portion 19 in each diffraction grating lens, and the annular zone and the concave portion 18 and the convex portion 19 can be integrally formed. The nature is very high. Further, as the material of the lens substrate 12, various resins and glasses such as a thermoplastic resin, a thermosetting resin, an energy ray curable resin, and a glass for low-temperature molding can be used. It is possible to select the material…”)
Regarding Claim 11,
OKADA, YUKA et al (Drawing 12) discloses an inorganic film (124) provided between the substrate (121b) and the resin layer (shown in pasted figure above).(“...The material constituting the optical adjustment layer 31 has a refractive index characteristic satisfying the formula (4) and sufficient light transmittance, and fills the annular zone and the concave and convex portions provided in the annular zone without gaps, And if it can form the surface shape which does not impair a lens characteristic, it will not specifically limit. For example, a material such as resin, glass, transparent ceramic, a composite material in which inorganic particles are dispersed in a resin, or a hybrid material in which an organic component and an inorganic component are combined may be used. In particular, it is particularly preferable to use any one of a resin, a composite material, and a hybrid material from the viewpoint of easy formation of the surface shape of the optical adjustment layer 31…”)
Regarding Claim 12,
OKADA, YUKA et al (Drawing 12) discloses wherein the substrate (121b) is a resin substrate or a glass substrate.
Regarding Claim 13,
OKADA, YUKA et al (Drawing 12) discloses a diffractive optical element comprising: a substrate (121b) having a surface on which a diffraction grating (13) is provided; and a resin layer (see pasted figure above) provided on the surface of the substrate (121b) so as to cover the diffraction grating (13), wherein, in plan view as viewed along an optical axis direction, the diffraction grating includes: a first diffraction grating having a circular shape (as shown in Figure 12d); and a second diffraction grating (13 on the 121a side) having an arc shape, the second diffraction grating being arranged on an outer side of the first diffraction grating, wherein the diffractive optical element includes a first region in which the diffraction grating is provided and a second region in which the diffraction grating is not provided (see pasted figure above), the second region being arranged on an outer side of the first region, and wherein the diffractive optical element includes a region in which a first gradient in which a thickness of the resin layer increases toward an outer side from a center of a circle (see fig. 12d) of the diffraction grating is 0.4 or more (selecting a specific thickness gradient value is routine optimization), in a third region (15BC in Fig. 1c there’s a section 15bc where its just slanted and no diffractions) including a boundary between the first region and the second region on a side on which the diffraction grating is discontinuous.
Regarding Claim 14,
OKADA, YUKA et al (Drawing 12) discloses wherein the diffractive optical element at least includes a region in which the first gradient is 1.8 or more and 12 or less as a result-effective variable able to be optimized for better diffractions.
Regarding Claim 15,
OKADA, YUKA et al (Drawing 12) discloses wherein the diffractive optical element includes a region in which the first gradient is larger than a second gradient in which the thickness of the resin layer increases toward the outer side from the center of the circle of the diffraction grating (see fig. 12d) in a fourth region including the boundary on a side on which the diffraction grating is continuous (see pasted figure above).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over OKADA, YUKA et al (WO 2012023274 A1) in view of Tanaka et al (US 20120223350)
Regarding Claim 10,
Okada, Yuka et al discloses everything as disclosed above.
Okada, Yuka et al does not disclose wherein the photocurable resin is an episulfide-based resin.[0107]
Tanaka et al discloses wherein the photocurable resin is an episulfide-based resin.
It would have been obvious to one of ordinary skill in the art to modify Okada, Yuka et al to include Tanaka et al’s photocurable resin is an episulfide-based resin [0107] motivated by the desire to provide a resin material for the adhesion strength and ease of processing.
Claim(s) 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over OKADA, YUKA et al (WO 2012023274 A1) in view of Tanaka (US 8395084)
Regarding Claim 16,19,
Okada, Yuka et al discloses everything as disclosed above.
Okada, Yuka et al does not disclose a housing; and an optical system arranged in the housing, the optical system including at least one lens, wherein at least one of the at least one lens is the diffractive optical element of claim 1.
Tanaka discloses (Fig. 24a-24f) housing (any of the ones you choose in those figures has a housing); and an optical system arranged in the housing, the optical system including at least one lens (2433), wherein at least one of the at least one lens is the diffractive optical element (2602) of claim 1.
It would have been obvious to one of ordinary skill in the art to modify Okada, Yuka et al to include Tanakas’ housing; and an optical system arranged in the housing, the optical system including at least one lens, wherein at least one of the at least one lens is the diffractive optical element of claim 1, motivated by the desire to manufacture an optical device.
Regarding Claim 17,18,20,21,
Okada, Yuka et al discloses everything as disclosed above.
Okada, Yuka et al does not disclose a housing; an optical system arranged in the housing, the optical system including at least one lens; and a display unit configured to emit light to be guided by the optical system, wherein at least one of the at least one lens is the diffractive optical element of claim 1.
Tanaka discloses (Fig. 24a-24f) housing (pick any of the housing you see); an optical system arranged in the housing, the optical system including at least one lens (2433); and a display unit or imaging element (2422 or 2433) configured to emit light to be guided by the optical system, wherein at least one of the at least one lens is the diffractive optical element of claim 1.
Allowable Subject Matter
Claim 2-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 2,
Sakamoto et al (US 20210088440) discloses [0086] the chord 10 that connects the diffraction grating portions 11 together.
The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to discloses wherein the substrate includes, in the plan view, a first portion having a planar shape of a segmental circular shape enclosed between an arc and a chord connecting both ends of the arc to each other, and wherein the non-optical effective region (15ae,15be) includes: an arc portion which is an end portion of the first portion on the arc side; and a chord portion including an end portion of the first portion on the chord side.
Claims 3-8 depends on Claim 2, therefore are objected.
Conclusion
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/LUCY P CHIEN/Primary Examiner, Art Unit 2871