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 .
Information Disclosure Statement
2. The prior art documents submitted by applicant in the Information Disclosure Statement filed on 05/20/24, have all been considered and made of record (note the attached copy of form PTO/SB/08a).
Specification
3. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 1-3 and 5-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hitoshi et al. (JP 0943654 A).
With respect to claim 1, Hitoshi et al. (figures 1-10) disclose an optical computing device comprising: an optical modulation element group including optical modulation elements (LCD cell 1), wherein the optical modulation element group executes: first optical computing with respect to a first signal light (18) traveling along an optical path (computation light from the computation light source unit 18, and finally the final result is output to the light receiving element array 17 ([0045]) and (wavelength 620 nm is selected as the computational light, regardless of whether the pixels of the second liquid crystal cell are on or off, transmitted light is obtained with almost maximum transmittance when the pixels of the first liquid crystal cell are on, and almost no transmitted light is obtained when they are off. At this time, image information A from the first liquid crystal cell will be output, [0039]), and second optical computing with respect to a second signal light traveling along the optical path in a direction opposite to a traveling direction of the first signal light ((light with a wavelength of 460 nm is selected as the computational light, regardless of whether the pixels of the first liquid crystal cell are on or off, transmitted light from the on pixels of the second liquid crystal cell is obtained with almost maximum transmittance, while almost no transmitted light is obtained from the off pixels. Therefore, at this time, image information B from the second liquid crystal cell will be output, [0039]).
With respect to claim 15, Hitoshi et al. (figures 1-10) disclose an optical computing method comprising executing, by an optical modulation element group, first optical computing with respect to a first signal light traveling along an optical path (computation light from the computation light source unit 18, and finally the final result is output to the light receiving element array 17 ([0045]) and (wavelength 620 nm is selected as the computational light, regardless of whether the pixels of the second liquid crystal cell are on or off, transmitted light is obtained with almost maximum transmittance when the pixels of the first liquid crystal cell are on, and almost no transmitted light is obtained when they are off. At this time, image information A from the first liquid crystal cell will be output, [0039]); and executing, the optical modulation element group, second optical computing with respect to a second signal light traveling along the optical path in a direction opposite to a traveling direction of the first signal light (light with a wavelength of 460 nm is selected as the computational light, regardless of whether the pixels of the first liquid crystal cell are on or off, transmitted light from the on pixels of the second liquid crystal cell is obtained with almost maximum transmittance, while almost no transmitted light is obtained from the off pixels. Therefore, at this time, image information B from the second liquid crystal cell will be output ([0039]), wherein the optical modulation element group includes optical modulation elements (LCD cell 1).
With respect to claim 16, Hitoshi et al. (figures 1-10) disclose a method for manufacturing an optical computing device that includes an optical modulation element group including optical modulation elements, the method comprising creating the optical modulation element group such that the optical modulation element group (LCD cell 1) executes first optical computing with respect to a first signal light traveling along an optical path and predetermined second optical computing with respect to a second signal light traveling along the optical path in a direction opposite to a traveling direction of the first signal light (computation light from the computation light source unit 18, and finally the final result is output to the light receiving element array 17 ([0045]) and (wavelength 620 nm is selected as the computational light, regardless of whether the pixels of the second liquid crystal cell are on or off, transmitted light is obtained with almost maximum transmittance when the pixels of the first liquid crystal cell are on, and almost no transmitted light is obtained when they are off. At this time, image information A from the first liquid crystal cell will be output, [0039] and light with a wavelength of 460 nm is selected as the computational light, regardless of whether the pixels of the first liquid crystal cell are on or off, transmitted light from the on pixels of the second liquid crystal cell is obtained with almost maximum transmittance, while almost no transmitted light is obtained from the off pixels. Therefore, at this time, image information B from the second liquid crystal cell will be output, [0039]).
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With respect to claim 2, Hitoshi et al. disclose the optical computing device, wherein each of the optical modulation elements includes cells having either thicknesses that are independently set or refractive indices that are independently set ([0027] and [0028]).
With respect to claim 3, Hitoshi et al. disclose the optical computing device, wherein the optical computing device independently controls the refractive indices of the cells ([0045]).
With respect to claim 5, Hitoshi et al. disclose the optical computing device, the optical modulation elements (LCD cell 1) are arranged along the optical path (figure 1).
With respect to claim 6, Hitoshi et al. disclose the optical computing device, wherein a type of the first optical computing is different from a type of the second optical computing ([0039], [0045]).
With respect to claim 7, Hitoshi et al. disclose the optical computing device, wherein a type of the first optical computing is the same as a type of the second optical computing ([0041]).
With respect to claim 8, Hitoshi et al. disclose the optical computing device as shown in figure 1, (LCD cell 1).
With respect to claim 9, Hitoshi et al. disclose the optical computing device (figures 1 and 11).
With respect to claim 10, Hitoshi et al. disclose the optical computing device, wherein a wavelength of a first signal light (620 nm) is different from that of a second signal light (460 nm) ([0039]).
With respect to claim 11, Hitoshi et al. disclose the optical computing device as shown in in figure 1.
With respect to claim 12, Hitoshi et al. disclose the optical computing device (see [0047]).
With respect to claim 13, Hitoshi et al. disclose the optical computing device (see figure 10a and [0039] and [0045]).
With respect to claim 14, Hitoshi et al. disclose the optical computing device, further comprising a first optical element ([0045]) and a second optical element ([0039] and [0045]) and reflects (19) the other of the second signal light before the second optical computing and the first signal light after the first optical computing (figure 1).
Claim Rejections - 35 USC § 103
7. 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.
8. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
9. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) 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.
10. Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable over Hitoshi et al. (as cited above).
With respect to claim 4, Hitoshi et al. substantially disclose all the limitations of the claimed invention except a gel includes the optical modulation elements in the gel.
However, a gel includes the optical modulation elements in the gel is considered to be obvious to provide high performance of optical signal transmission. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hitoshi et al. to include the above feature for the purpose of providing high performance of optical signal transmission. It is also noted that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tokutaka et al. (US-20190113684-A1) and Arahira (US-8331798-B2) disclose an optical modulator.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Doan whose telephone number is (571) 272-2346. The examiner can normally be reached on Monday to Friday from 7:00am to 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hollweg can be reached on 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER DOAN/Primary Examiner, Art Unit 2874