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 § 112
1. The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
2. Claims 3, 5 and 6 recite the limitation "the first direction" in line 3-5. There is insufficient antecedent basis for this limitation in the claim.
3. A broad limitation/range together with a narrow limitation/range that falls within the broad limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. Note the explanation given by the Board of Patent Appeals and Interferences in Ex parte Wu, 10 USPQ2d2031, 2033 (Bd. Pat. App. & Inter. 1989). The Board stated that this can render a claim indefinite by raising a question or doubt as to whether the feature introduced by such language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Note also, for example, the decisions of Ex parte Steigewald, 131 USPQ74 (Bd. App. 1961); Ex parte Hall, 83 USPQ38 (Bd. App. 1948); and Ex parte Hasche, 86 USPQ481 (Bd. App. 1949).
In the present instance, claim 1 recites the broad limitation (i.e. a semiconductor laser) and the claim also recites (in particular for a single emitter semiconductor laser) which is the narrower limitation. An appropriate correction is required.
Similar rejections are applied to claims 6, 7, and 10.
In the present instance, claim 4 recites the broad limitation/range (i.e. 5 mm and 50 mm) and the claim also recites (in particular 10 mm and 30 mm) and further recites narrower limitation (preferably between 13 mm and 20 mm) which is the narrower limitation. An appropriate correction is required.
Similar rejections are applied to claim 11.
All dependent claims 2-3, 5, 8 and 9 are also rejected as being inherited the above rejection.
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.
2. Claims 1-4 and 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gurgov (US 20190173255 A1).
Regarding claim 1, Gurgov discloses (see figures 4A and 4B), an optical apparatus for a semiconductor laser ("laser diode"; paragraph [0012]), in particular for a single emitter semiconductor laser, comprising:
- a fast-axis collimating lens ("fast-axis collimating (FAC) lens"; paragraph [0012]), with the optical apparatus being configured such that the laser radiation emanating from the semiconductor laser passes through the fast-axis collimating lens,
- a slow-axis collimating lens ("slow-axis collimating (SAC) lens"; paragraph [0012]) having an entrance face and an exit face, with the optical apparatus being configured such that the laser radiation, having passed through the fast-axis collimating lens, enters the slow-axis collimating lens through the entrance face and emerges from the slow-axis collimating lens through the exit face, wherein at least portions of the entrance face are shaped concavely ("concave-convex shape"; paragraph [0037]; figure 4A), and in that at least portions of the exit face are shaped convexly ("concave-convex shape"; paragraph [0037]; figure 4A).
Regarding claim 2, Gurgov discloses the Optical device according to claim 1. Gurgov further discloses (exit surface are formed, in particular, wherein the slow-axis collimating lens is a monolithic component (transparent substrate with entrance face and exit face= "Zeonex F52R"; paragraph [0038]; figures 4A and 4B).
Regarding claim 3, Gurgov discloses the Optical device according to claim 1. Gurgov further discloses (
Regarding claim 4, Gurgov discloses the Optical device according to claim 1. Gurgov further discloses (
Regarding claim 6, Gurgov discloses the Optical device according to claim 1. Gurgov further discloses (which is perpendicular to the first direction and corresponds to the fast-axis direction of the laser radiation emitted by the semiconductor laser (cylindrical lenses ("a cylindrical"; paragraph [0037]) and aspherical surface shapes ("aspherical"; paragraph [0037]); a parallel arrangement in the fast-axis direction is conventional in the art, and different deviations from a circular shape are not associated with any surprising technical effect).
Regarding claim 7, Gurgov discloses the Optical device according to claim 6. Gurgov further discloses (
Regarding claim 8, Gurgov discloses the Optical device according to claim 7. Gurgov further discloses (
Regarding claim 9, Gurgov discloses the Optical device according to claim 7. Gurgov further discloses (
Regarding claim 10, Gurgov discloses the Optical device according to claim 1. Gurgov further discloses a laser device comprising a semiconductor laser, in particular a single-emitter semiconductor laser, and an optical device according to claim 1 (semiconductor laser= "laser diode"; paragraph [0012]).
Regarding claim 11, Gurgov discloses the Optical device according to claim 10. Gurgov further discloses the semiconductor laser has an Alpha exit surface for the laser radiation generated by the semiconductor laser, wherein the first distance between the Alpha exit surface and the first exit surface of the slow-axis collimating lens is between 3 mm and 15 mm, in particular between 5 mm and 11 mm, preferably between 7 mm and is 8 mm (the specific distance of 3 mm to 15 mm is the result of routine activities and is not associated with any surprising technical effect).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gurgov (US 20190173255 A1) as applied to claim 1 above, in view of Wang (WO2021/016797 A1).
Gurgov disclose the Optical device according to claim 1. However, Gurgov does not disclose wherein the fast-axis collimating lens is designed as a cylindrical lens, the cylinder axis of which extends in the first direction. Wang teaches a fast-axis collimating lens is designed as a cylindrical lens, the cylinder axis of which extends in the first direction ("fast-axis collimating lens 1121 is one of ... cylindrical lens"; paragraph [0070]). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teaching of Wang to device of Gurgov for purpose of forming optical device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYEN TRA whose telephone number is (571)272-2343. The examiner can normally be reached M-F 10-6.
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/TUYEN TRA/Primary Examiner, Art Unit 2872
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