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
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 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.
Claim(s) 1, 7, 10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0149271 to Moon et al.
Moon discloses in the abstract and figures 3-4, an optically actuated phase-change material-based switch formed on a support substrate and comprising:
A region made of a phase change material (14) coupling first and second electrodes (29) of the switch; and
A waveguide (19) interposed between the support substrate (28; figure 3d) and the region made of a first phase-change material and including a center region having a first material having a first optical index surrounded by a peripheral region made of a second material having a second optical index less than the first (the areas of the waveguide are surrounded by cladding material 20, 22, 24 or 26 which would have a lower index of refraction).
It is noted that although the function of “optical actuation” is recited in the preamble, there is no structure claimed as to how this function is performed. It appears to the Examiner that given the electrodes present, that the device is electrically actuated. Clarification is needed.
As to claim 7, vias are shown in figure 3(d).
As to claim 10, these materials are disclosed in paragraphs 41 and 55.
Claim 12 is a method claim that discloses the providing of the above structure and therefore is also anticipated since the structure is present.
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.
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.
Claim(s) 2-6, 8-9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of US 2017/0138789 to Ivanov.
Moon discloses the invention as claimed except for spacing distances, wavelength ranges and associated Bragg “rings”. It is noted that spacing of waveguides and associated components are known in the art and are result effective variables. Similarly, grating structures are known to function as a wavelength filter.
Ivanov discloses Bragg “rings” in figures 3A-3B to optimize an input coupler for a specific wavelength.
It would have been obvious to one having ordinary skill in the art to select distances, wavelengths and associated Bragg structures as taught by Ivanov in Moon to optimize for the intended use the optimization of wavelengths to be processed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2016/0079019 (phase change material switch).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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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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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874
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