DETAILED ACTION
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/21/2026.
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.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0128817 to Singh et al.
Singh discloses in the abstract and figures 38-39, an optical waveguide comprising a substrate (3851) and a grating layer (3853), the grating layer disposed on the substrate (figure 38B) and comprises a plurality of skewed tooth gratings (3853), slant angles being equal (figure 38B) and the heights being equal (figure 38B); and a refractive index greater than 2 (the grating pattern material is between 1.45 and 3.5; paragraph 21 and a material is placed on the diffractive features having an index greater than 2.1; paragraph 1199).
As to claim 13, a tilt angle of 30 degrees is disclosed in paragraph 91. A constant height is disclosed in paragraphs 1088-1089 in a range the same as claimed (paragraph 833 discloses 5nm-500nm).
As to claim 14, titanium dioxide is disclosed (paragraph 188).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2025/0355254 (figures 10-11).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874
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