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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by OLSON et al. (CN 113168020-machine translation).
Regarding claim 1 and 2, OLSON et al. discloses a method comprising:
imprinting an imprint material with a pattern defining positions and angles for
optical gratings (Fig.4d-4e);
depositing a grating material (103) onto the imprint material (402) (Fig.4d); and
subsequently removing the imprint material (402) such that the deposited grating material (103) forms slanted optical gratings.
Regarding claim 4, OLSON et al. discloses the grating material comprises titanium or aluminum oxide.
Regarding claim 5, OLSON et al. discloses ion beam to form plurality of gratings.
Claim(s) 12-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by SINGH et al. (2021/0072437-of record).
Regarding claim 12, SINGH et al. discloses a method comprising:
imprinting an imprint material with a pattern defining positions and angles for optical gratings ([0147]-[0148]);
curing the imprinted material [0147]; and
depositing a grating material onto the cured imprint material [0151], [1051], (abstract),
wherein an index of refraction of the cured imprint material is 1.9 or less [0203].
Regarding claim 13, SINGH et al. discloses soluble imprint resist [0126].
Regarding claim 14, SINGH et al. discloses imprint material is PMMA [0147].
Regarding claim 15, SINGH et al. discloses titanium dioxide [0149].
Regarding claim 16, SINGH et al. discloses depositing the grating material by evaporation [0186].
Regarding claim 17, SINGH et al. discloses coating a surface of the substrate [0149] and discloses etch process [0148].
Regarding claim 19, SINGH et al. discloses a dry plasma etch [0166].
Regarding claim 20, SINGH et al. discloses the supports for the gratings (Figs. 11a-12a).
Allowable Subject Matter
Claims 3 and 6-11 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4-5 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STELLA KIM YI whose telephone number is (571)270-5123. The examiner can normally be reached Monday-Friday 8:00-5:00 EST.
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STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/ Primary Examiner, Art Unit 1742
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