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 Objections
Claim 1 objected to because of the following informalities:
Claim 1 contains a limitation with an additional word “first index refractive index” should be “first refractive index”
The amendment to claim 8 appears to have lined through the degree symbol removing it.
Appropriate correction is required.
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.
Claims 1, and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220010422 A1 (Kasuya et al.).
Regarding claim 1:
Kasuya teaches an optronic device (para. [0002], Kasuya discloses a dialectric film to be used in a vehicle camera) comprising a an optical element), each optical element comprising:
a transparent substrate (Fig. 1, substrate [101]),
an intermediate coating extending over at least one main surface of the substrate, the intermediate coating comprising a plurality of dense thin layers which alternate in having a first index refractive index and a second refractive index, the first refractive index being greater than the second refractive index, (Fig. 2, layers [102] through [105] form the intermediate coating with layers alternating between high and low refractive index layers.) and
at least one porous layer (Fig. 3A through 3D shows that upper layer [106] is a porous layer, See also Paras. [0038] through [0041]) extending over the intermediate coating [102]-[105], opposite the substrate [101], the porous layer having a third refractive index (Table 2 shows embodiments where the porous layer is SiO2 with a refractive index for the material of 1.429), the third refractive index being lower than the first and second refractive (Table 2 shows embodiments where the low index layer layer is SiO2 with a refractive index for the material of 1.429) indices. (The refractive index of the porous layer [106] is reduced by the addition of pores to the material, thus the porous layer has a refractive index lower than the low refractive index made of the same material.)
Kasuya does not disclose
The optronic device comprising a plurality of optical elements aligned along an optical axis so as to be passed through by a same light beam.
However it would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate the optical elements along a common optical axis, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
Regarding claim 5:
Kasuya teaches the optronic device according to claim 1, wherein
the porous layer has a porosity of between 5% and 50%. (Para. [0137], the porous layer [106] has a porosity of 50%)
Regarding claim 6:
While Kasuya doesn’t explicitly teach
an aircraft comprising the optronic device according to claim 1
Kasuya teaches in para. [0230] that the properties of the optical device make it suitable for an in-vehicle lens. It would be obvious to one of ordinary skill in the are that this would include vehicles such as aircraft.
Claims 2-4, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220010422 A1 (Kasuya et al.) as applied to claim 1 above, and further in view of US 20120259411 A1 (Hong et al.).
Regarding claim 2:
While Kasuya teaches the optronic device according to claim 1,
Kasuya fails to teach
the porous layer comprises elongate elements extending from an external surface of the intermediate coating.
Hong teaches a porous layer wherein
the porous layer comprises elongate elements extending from an external surface of the intermediate coating. (Fig. 5 shows the porous layer with elongated elements [44] extending from surface [42])
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the porous layer comprises elongate elements extending from an external surface of the intermediate coating as taught by Hong in the optronic device of Kasuya for the purpose of providing a porous layer formed by oblique deposition.
Regarding claim 3:
Kasuya in combination with Hong teaches the optronic device according to claim 2,
Hong additionally teaches
wherein
the elongate elements are columns that are rectilinear (Fig. 5 [44]) or have helical shapes (Fig. 12, helical columns [110]).
The motivation for combining is the same as in claim 2 above.
Regarding claim 4:
Kasuya in combination with Hong teaches the optronic device according to claim 2,
Hong additionally teaches
wherein
each elongate element extends along an axis (X) forming a non-zero angle (a) with a local normal to the external surface of the intermediate coating. (Figs. 4 and 5 angle θA)
The motivation for combining is the same as in claim 2 above.
Regarding claim 7:
Kasuya teaches the optical element of claim 1
While Kasuya additionally teaches
A method for manufacturing the optical element according to claim 1, the method comprising steps of:
supplying a substrate [101] and placing the substrate [101] in a deposition device, (Fig. 2, the substrate is shown as [4] is placed in deposition device [1])
depositing thin layers which successively have the first index and the second index [102]-[105], on at least one main surface of the substrate [101] so as to form the intermediate coating, (Fig. 4 step [S11], Para. [0143] the multilayer film excluding the uppermost layer (porous layer) is formed by a vapor deposition method on the substrate.)
Kasuya does not teach
depositing the porous layer on an external surface of the intermediate coating, opposite the substrate, using a method of oblique angle deposition. (Fig. 4, kasuya teaches a method involving steps [S13] to [S16] involving formation of the pores using a mask.)
Hong teaches a method for manufacturing an optical element with a porous later comprising:
depositing the porous layer (Fig. 5, [44]) on an external surface of the intermediate coating (Fig. 5 [42]), opposite the substrate [42], using a method of oblique angle deposition (Figs. 4 to 6 showing oblique angle deposition, and Para. [0033]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have depositing the porous layer on an external surface of the intermediate coating, opposite the substrate, using a method of oblique angle deposition as taught by Hong in the method of Kasuya for the purpose of forming the porous layer at an angle.
Regarding claim 8:
Kasuya in combination with Hong teaches the method according to claim 7,
Hong additionally teaches
during the step of depositing the porous layer, an angle of incidence of a deposition beam, measured relative to a local normal to the external surface of the intermediate coating, is between 0° and 80°. (Fig. 7 and Para. [0036], curve [70] is based on a 60° angle.)
The motivation for combining is the same as claim 7 above.
Regarding claim 9:
Kasuya in combination with Hong teaches the method according to claim 8,
Hong additionally teaches
during the step of depositing the porous layer, the substrate rotates at a controlled rotation speed about an axis of rotation perpendicular to the external surface. (Para. [0043], to form helical columns the substrate is rotated at a constant speed.)
The motivation for combining is the same as claim 7 above.
Kasuya in combination with Hong teaches the method according to claim 8,
Hong additionally teaches
the angle of incidence of the deposition beam is between 40° and 70°. (Fig. 7 and Para. [0036], curve [70] is based on a 60° angle.
The motivation for combining is the same as claim 7 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH D MOSER whose telephone number is (703)756-5803. The examiner can normally be reached Mon-Fri, 10am-6pm.
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/SETH D MOSER/Examiner, Art Unit 2872
/WYATT A STOFFA/Primary Examiner, Art Unit 2881