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 .
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.
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(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2018/0136401 to Pezeshki et al.
In regards to claims 1 and 12, Pezeshki recites an optical module/ a manufacturing method of an optical module (Figure 3) comprising: a lens (313) having a first optical axis; an optical substrate (rectangular box left of element 317 PLC)) having a rectangular external shape including a first side and a second side forming a right angle to each other; an optical waveguide (319) that is formed on the optical substrate and is optically coupled, in a cross section including the first side of the optical substrate, with a second optical axis forming a predetermined angle to the first optical axis; wherein the lens and the optical substrate are optically coupled, and both the second side and the first optical axis are substantially parallel to one side of the rectangular storage region. But Pezeshki fails to expressly recite a package that includes a storage region having a rectangular upper surface and stores the lens and the optical substrate. However, it can be clearly observed from Figure 3 of Pezeshki for the outline of the optical substrate to be rectangular. Furthermore, a space, such as a storage region would have been advantageous in order to provide storage and protection of internal components. The use of a rectangular shape would further be advantageous for modular purposes since packages and devices in the optical art are commonly rectangular. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for a package that includes a storage region having a rectangular upper surface and stores the lens and the optical substrate.
In regards to claim 2, Pezeshki recites the first optical axis and the second optical axis form a nonzero angle. (angled waveguides)
In regards to claims 3, 4 and 6, Pezeshki does not expressly recite the first optical axis and the second optical axis form an angle equal to or more than 5 degrees and equal to or less than 30 degrees, a numeral aperture of the lens is equal to or more than 0.5 and equal to or less than 1, and one side of the rectangular storage region and the first optical axis form an angle equal to or less than 10 degrees. However, it would have been an obvious matter of common skill and design choice to a person having ordinary skill in the art to use features, such as optical axis angles and numerical aperture because Applicant has not disclosed that using such features proves an advantage, is used for a particular purpose or solves a stated problem. One or ordinary skill in the art would have chosen any of the above features since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. Since it is not inventive to discover the optimum or workable ranges or values through routine experimentation when the general conditions of a claim are disclosed in the prior art, it would have been obvious at the time the invention was made to a person having ordinary skill in the art to have chosen any of the claimed values or ranges for the purpose of optimization of the device. In re Aller, 105 USPA 233; In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)
In regards to claim 5, Pezeshki recites one side of the rectangular storage region and the second side form an angle equal to or less than 5 degrees. Pezeshki shows the rectangular storage region to be rectangular in shape and therefore having an angle equal or less than 5 degrees. (Figure 3)
In regards to claim 7, Pezeshki recites an optical component (315) optically coupled with the optical waveguide via the lens.
In regards to claim 8, Pezeshki recites the optical substrate includes a light emitting element that generates light to be coupled with the optical waveguide. [0029]
In regards to claim 9, although Pezeshki does not expressly recite the optical substrate includes a light receiving element that converts light propagating through the optical waveguide into optical current, Pezeshki does recite a light emitting element. It is common practice and technique to adopt a receiver configuration in instead of a light emitting element in optical devices. It is an obvious matter of design choice to have substituted a light receiving element for a light emitting element in order to allow for the device to operate bidirectionally or add an additional level of functionality. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the optical substrate includes a light receiving element that converts light propagating through the optical waveguide into optical current.
In regards to claim 10, Pezeshki recites light being input from outside of the package is input to the optical waveguide from one cross section of the optical waveguide, and light being output from another cross section of the optical waveguide is output to outside of the package. [0029]
In regards to claim 11, although Pezeshki does not expressly recite the optical substrate includes a plurality of first electrodes that drive the optical waveguide, the package includes a plurality of second electrodes electrically connected to outside of the package, and each of the plurality of first electrodes and each of the plurality of second electrodes are connected, by using a conductor having a substantially same wiring length, Pezeshki does recite an isolator and modulator. A device having isolators and modulators must include a signal in order to function. It would have been an obvious matter of design choice and common skill for a person of ordinary skill in the art to have provided such features in order for a signal to be passed through the device so that the device can function as desired. Furthermore, the wiring length would have also been a matter of design choice, the length chosen in order to provide the desired signal transfer while minimizing electrical resistance and other unwanted signal disruptions. Therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the optical substrate includes a plurality of first electrodes that drive the optical waveguide, the package includes a plurality of second electrodes electrically connected to outside of the package, and each of the plurality of first electrodes and each of the plurality of second electrodes are connected, by using a conductor having a substantially same wiring length.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure.
The documents submitted by applicant in the Information Disclosure Statements have been considered and made of record. Note attached copy of forms PTO-1449.
Inventorship
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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/TINA WONG/Primary Examiner, Art Unit 2874