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, 4-7, 9-15, 18, 21-25, 27-29 and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kunath et al. [EP 3 914 971 B1].
Regarding claims 1 and 21, Kunath et al. discloses a device (Figs. 1 and 2) / a data processing unit (19) for producing a holographic optical element (12, see also paragraphs [0040] –[0043]), wherein the device comprises:
at least one fixing element (8) on which a carrier layer of a master HOE (11) and a carrier layer of the HOE (12) can be arranged during an exposure process, with the result that these extend at least locally along one another (as shown in Figs. 1 and 2, see also paragraphs [0026]-[0030]),
a radiation source (3) configured to emit light onto the master HOE (11) during the exposure process, with the result that the HOE is exposed (as shown in Figs. 1 and 2, see also paragraphs [0051]-[0052]), and
a positioning module (18) configured to move a first portion of a beam path of the light during the exposure process relatively in relation to the carrier layer of the master HOE (11) and the carrier layer of the HOE (12), while a second portion of the beam path is not moved by the positioning module (as shown in Figs. 1 and 2, see also paragraphs [0043], [0049] and [0054]),
wherein the first portion of the beam path extends from the positioning module (18) to the carrier layer of the master HOE (11) and to the carrier layer of the HOE (12), and
wherein the second portion of the beam path extends away from the positioning module (18) in a direction opposite to the first portion of the beam path (as shown in Figs. 1 and 2).
Regarding claim 2, Kunath et al. discloses wherein the positioning module (18) comprises at least one of a robotic arm or a multi-axis optical linear adjustment table (paragraphs [0038] and [0041]).
Regarding claim 4, Kunath et al. discloses wherein the at least one fixing element comprises at least one fixing frame for a flatbed replication process (as shown in Figs. 1 and 2).
Regarding claim 5, Kunath et al. discloses furthermore comprising a controller (19) configured to control the positioning module on the basis of control data (paragraph [0033]).
Regarding claims 6 and 7, Kunath et al. discloses wherein the controller is configured to control the positioning module in order to move a light point of the light over the carrier layer of the HOE during the exposure process, with the result that the HOE is exposed at different positions of the light point on the carrier layer at different angles of incidence, wherein the controller is configured to control the positioning module in order to move a reference point, which is arranged along the beam path of the light, in relation to the master HOE on a trajectory during the exposure process (paragraphs [0043] and [0054]).
Regarding claim 9, Kunath et al. discloses wherein the trajectory has at least one out of a component perpendicular to the carrier layer of the HOE and a component parallel to the carrier layer of the HOE (as shown in Figs. 1 and 2).
Regarding claims 10, 11 and 22, Kunath et al. discloses wherein the controller is configured to control the positioning module in order to change an emergence angle of the beam path at the reference point in relation to the master HOE during the exposure process, wherein the control data specify at least one out of a trajectory for a reference point along the beam path, an emergence angle of the beam path at the reference point in relation to the master HOE and an angle of incidence of the light on the master HOE (paragraphs [0043], [0049] and [0054]).
Regarding claim 12, Kunath et al. discloses furthermore comprising a scanning mirror (4) configured to scan the light in relation to the master HOE (11) during the exposure process (as shown in Fig. 1).
Regarding claim 13, Kunath et al. discloses wherein the positioning module (18) comprises the scanning mirror (7).
Regarding claims 14 and 15, Kunath et al. discloses further comprising a controller (19) configured to control the positioning module (18) on the basis of control data (paragraph [0033]), wherein the controller (19) is configured to control the positioning module in order to move a reference point, which is arranged along the beam path of the light, in relation to the master HOE on a trajectory during the exposure process, wherein the scanning mirror is arranged at the reference point, wherein the controller is configured to control the scanning mirror in order, in a manner superimposed with the scanning, to tilt the emergence angle of the beam path at the reference point in relation to the master HOE (paragraphs [0043], [0049] and [0054]).
Regarding claim 18, Kunath et al. discloses furthermore comprising at least one optical element which is arranged along a beam path of the light and which has the effect that a light point of the light on the master HOE is expanded along at least one axis (as shown in Figs. 1 and 2).
Regarding claims 23-25, Kunath et al. discloses wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a first surface shape of the carrier material of the master HOE during a further exposure process for exposing the master HOE, and on the basis of a second surface shape of the carrier material of the master HOE during the exposure process, and further on the basis of an angle of incidence of light as a function of the location on the master HOE during the further exposure process, wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a geometry of a light source which is used for reconstructing a hologram by illumination of the HOE, wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a predefined aberration (paragraphs [0033]-[0054]).
Regarding claim 27, Kunath et al. discloses wherein the beam path traverses the positioning module once (as shown in Figs. 1 and 2).
Regarding claims 28 and 29, Kunath et al. discloses wherein the radiation source emits, during the exposure process, the light having a single wavelength channel, wherein the radiation source emits, during the exposure process, the light having multiple wavelength channels, wherein different parts of the light associated with the multiple wavelength channels all propagate along the same beam path between the radiation source and the carrier layer of the master HOE and the carrier layer of the HOE (paragraph [0012]).
Regarding claim 31, Kunath et al. discloses wherein the carrier layer of the master HOE and the carrier layer of the HOE are fixed in relation to the radiation source (as shown in Figs. 1 and 2).
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 Kunath et al. in view of Yung [US 2006/0098005 A1].
Regarding claim 3, Kunath et al. discloses the device, as applied above.
Kunath et al. does not wherein the at least one fixing element comprises a first roll for the carrier layer of the master HOE, and wherein the at least one fixing element comprises a second roll for the carrier layer of the HOE.
However, Yung, discloses making of holographic optical elements wherein the at least one fixing element comprises a first roll for the carrier layer of the master HOE, and wherein the at least one fixing element comprises a second roll for the carrier layer of the HOE (as shown in Fig. 3).
Therefore, it would have been obvious to one of ordinary skill in the art to provide a first and second roll for the master HOE and carrier layer, respectively, as taught by Yung, in the system of Kunath et al. because such a modification accommodate the relatively thick print mediums (paragraph [0078] of Yung) and produce holographic optical elements in a manner of large volume and high speed (paragraph [0018] of Yung).
Allowable Subject Matter
Claim 30 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 30, neither Kunath et al. or Yung, either alone or in combination teaches “wherein the beam path does not traverse a spatial light modulator”
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 9-15, 18, 21-25 and 27-31 have been considered but are moot because the new ground of rejection does not rely on any reference 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.
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/DEORAM PERSAUD/Primary Examiner, Art Unit 2882
