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 .
DETAILED ACTION
Notice of Pre-AIA or AIA Status
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 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 Species I, including claims 1-2, 5-7, and 9-10, in the reply filed on 04/03/2026 is acknowledged.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-2, 6-7, and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haruhiko (JPH09145962).
Regarding claim 1, Haruhiko (figures 3-4) discloses an optical apparatus comprising:
a housing including a first member constituting at least a part of the housing (package 10 and lid 11);
an optical component (lens 4) accommodated in the housing and configured to transmit or reflect light; and
a second member (substrate 30) fixed to the first member and including at least one opening (body guide groove 31) configured to accommodate a part of the optical component (a package 10 of the box-shaped upper part is opened, and a substrate 30 for housing fixed to the optical semiconductor chip 1 in the package 10 is mounted on the upper surface; see at least page 2, 7th paragraph), the second member being configured to support the optical component via an adhesive agent (The fixing of the substrate 30, for example adhesive or low melting point metal; see at least page 6, 7th paragraph).
Regarding claim 2, Haruhiko (figures 3-4) discloses an optical device accommodated in the housing and configured to perform at least one of reception of light, transmission of light, and change of optical properties (when the optical semiconductor chip 1 is a semiconductor laser measures the output of the optical fiber 2, when the optical semiconductor chip 1 is a light-electric conversion element is measured from output pattern 3a, the measurement the value is adjusted to a maximum; see at least page 2, first paragraph).
Regarding claim 6, Haruhiko (figures 3-4) discloses wherein the opening of the second member is a through opening configured to penetrate through the second member in a first direction (figure 1; between the end portion and the optical semiconductor chip 1 of the cylindrical body guide groove 31, the rectangular cross section of the clearance groove 39 which is perpendicular to the cylindrical body guide groove 31; see at least page 7, first paragraph).
Regarding claim 7, Haruhiko (figures 3-4) discloses wherein the through opening of the second member is a through hole that is separated from an edge of the second member in a second direction that crosses the first direction (figure 1; between the end portion and the optical semiconductor chip 1 of the cylindrical body guide groove 31, the rectangular cross section of the clearance groove 39 which is perpendicular to the cylindrical body guide groove 31; see at least page 7, first paragraph).
Regarding claim 9, Haruhiko (figures 3-4) discloses wherein the optical component includes a flange at a position deviated from the opening in the first direction such that the flange overlaps with a rim of the opening in the first direction (closely flange 52 on the outer surface of the side wall 12 of the package 10, to secure the entire peripheral surface of the flange 52 by laser welding or the like to the side wall 12; see at least page 8. 8th paragraph).
Regarding claim 10, Haruhiko (figures 3-4) discloses wherein the adhesive agent bonds the second member and the flange (closely flange 52 on the outer surface of the side wall 12 of the package 10, to secure the entire peripheral surface of the flange 52 by laser welding or the like to the side wall 12; see at least page 8. 8th paragraph).
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 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Haruhiko (JPH09145962).
Regarding claim 5, Haruhiko discloses the limitations as shown in the rejection of claim 1 above. However, Haruhiko is silent regarding wherein the adhesive agent is arranged at positions approximately symmetric to each other with respect to the optical component. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the adhesive agent at positions approximately symmetric to each other with respect to the optical component since it was known in the art that it is common to bond the side surface of the lens and dispose the adhesive at positions that are substantially symmetrical about the lens body to secure the connections between the lens and the housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN NGUYEN/Primary Examiner, Art Unit 2871
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