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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 5/6/26 is acknowledged. The traversal is on the ground(s) that there is no undue burden and Claims are not independent and distinct. This is not found persuasive because both requirements independent or distinct and burden reasoning are outlined in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
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 1-6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Publication 2002/0127497 to Brown et al.
Regarding Claim 1, Brown et al. teaches a method, comprising: depositing a hard mask layer (310) on a crystalline substrate (300); lithographically patterning the hard mask layer with photoresist (320) to form a first pattern; and anisotropically removing the crystalline substrate to form a prism array waveguide (Fig 10D) mold with the first pattern.
Regarding Claim 2, Brown et al. teaches a crystal axis (111 planes) of the crystalline substrate defines periodic optical structures of the prism array.
Regarding Claim 3, Brown et al. teaches adjusting a pitch and flat top width of a lithographic pattern (Paragraph 40) for lithographically patterning the hard mask layer to define a height of the periodic optical structures of the prism array.
Regarding Claim 4, Brown et al. teaches anisotropically removing the crystalline substrate is performed by wet chemical (Paragraph 37) etching.
Regarding Claim 5, Brown et al. teaches patterning the hard mask layer comprises lithography exposure, development (Paragraph 40), and pattern transfer from lithography resist to the hard mask layer (Paragraph 41).
Regarding Claim 6, Brown et al. teaches replicating the first pattern of the prism array waveguide mold on an optical substrate (440) with a functional resin (430) to form a resin replica.
Regarding Claim 9, Brown et al. teaches replicating a second pattern of a second prism array waveguide (second groove or facet) on the optical substrate (440) with the functional resin (430) to form a two-dimensional resin replica as broadly recited.
Regarding Claim 10, Brown et al. teaches lithographically patterning the hard mask layer to form a second pattern (second stripe); and anisotropically removing the crystalline substrate to form a prism array waveguide mold comprising the first pattern and the second pattern (Figure 10D).
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 2002/0127497 to Brown et al. in view of JP 2004286956 to Abe et al.
Regarding Claim 7, Brown et al. teaches the method of the invention substantially as claimed, but does not expressly teach shrinking the resin replica to reduce a prism angle. However, the effect of resin shrink on angle is old and well known in the art of forming prism replicas. For example, Abe et al. teaches the blaze angle may be smaller due to resin shrinkage (translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shrink a resin replica to reduce a prism angle in the well-known manner in order to provide a desired angle with predictable results.
Regarding Claim 8, Brown et al. teaches depositing an anti-sticking layer (420)
on the resin replica.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 4,330,175 to Fujii et al. teaches a method (Fig 12 and Col. 7, Lines 43-64)), comprising: depositing a hard mask layer (protection film) on a crystalline substrate; lithographically patterning the hard mask layer to form a first pattern and anisotropically removing the crystalline substrate to form a prism array waveguide mold with the first pattern; a crystal axis ({111} plane) of the crystalline substrate defines periodic optical structures of the prism array; adjusting (implicit) a pitch and flat top width of a lithographic pattern for lithographically patterning the hard mask layer (Fig 4) to define a height of the periodic optical structures of the prism array; anisotropically removing the crystalline substrate is performed by wet chemical (KOH solution) etching; (Fig 12) patterning the hard mask layer comprises lithography exposure, development, and pattern transfer from lithography resist to the hard mask layer.
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/ROBERTS P CULBERT/Primary Examiner, Art Unit 1716
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