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 § 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishikawa (US 20190324212).
Regarding claim 1, Ishikawa discloses (Figs. 1-12B) a wavelength selective switch comprising: one or more input ports (10, 20); one or more output ports (30, 40); a polarization controller (70) that adjusts a polarization state of light incident from the input ports; a dispersive element (50) that demultiplexes wavelength-multiplexed light incident from the input ports; and a deflection element (73) that controls deflection of the demultiplexed light, wherein the deflection element is configured by a liquid crystal on silicon (LCOS) (section 0037), and an optical compensation layer (62, 92) is disposed in a peripheral part of the liquid crystal on silicon, wherein light incident from the input ports is transmitted through the polarization controller (70) and the dispersive element (50), diffracted in the deflection element (73), transmitted through the dispersive element (50) and the polarization controller (70), and coupled to the output ports (30, 40).
Regarding claim 2, Ishikawa discloses (Figs. 1-12B) the optical compensation layer is a λ/2 plate (62, 92).
Regarding claim 4, Ishikawa discloses (Figs. 1-12B) the optical compensation layer (62, 92) is disposed in the peripheral part of the liquid crystal on silicon (73), and the optical compensation layer is not disposed in a center part of the liquid crystal on silicon.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa in view of Jia et al. (US 20220052778).
Regarding claim 4, Ishikawa does not necessarily disclose the optical compensation layer is a liquid crystal diffraction element.
Jia discloses (Figs. 1-14; in particular Figs. 13A-13B) the optical compensation layer (901) is a liquid crystal diffraction element (section 0235). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Jia to obtain a material that changes a polarization state of a light beam.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 have been considered but are moot because the new ground of rejection does not rely on the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S CHANG whose telephone number is (571)270-5024. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at (571) 272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES S CHANG/ Primary Examiner, Art Unit 2871
