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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 29, 2024 has been considered by the examiner.
Drawings
Twelve sheets for formal drawings were filed October 29, 2024 and have been accepted by the Examiner.
Specification
Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2020/0284975 A1 from Applicant’s Information Disclosure Statement).
Regarding claim 1, Lee discloses a zero-index optical fiber (Figs. 1A, 1A’; paragraphs 0067, 0070) comprising: a core comprising air for propagating light (8 described as “hollow channel”; paragraph 0074 states “fluid layer can be of air”); and a cladding configured to surround the core, wherein the cladding comprises a zero-index material (10; paragraphs 0067, 0070).
Regarding claim 2, Lee discloses the air has a higher refractive index than the zero-index material in paragraph 0084 and Figs. 6A, 6A.
Regarding claim 3, Lee discloses the air has a refractive index equal to 1 in paragraph 0084 and Figs. 6A, 6A.
Regarding claim 4, Lee discloses the zero-index material has a refractive index near 0 in paragraph 0084 and Figs. 6A, 6A.
Regarding claim 5, Lee discloses the zero-index material has a real part of permittivity of material near 0 in paragraph 0084 and Figs. 6A, 6A.
Regarding claim 6, Lee discloses the light is guided in the zero-index optical fiber via total internal reflection in paragraphs 0074-0076 and Figs. 1B-2D.
Regarding claim 7, Lee discloses the zero-index optical fiber is electrically tunable in paragraph 0108 and Fig. 14A.
Regarding claim 8, Lee discloses a negative terminal layer (10) and a positive terminal layer (26) in paragraph 0108 and Fig. 14A.
Regarding claim 9, Lee discloses the negative terminal layer (10) comprises the zero-index material in paragraph 0108 and Fig. 14A.
Regarding claim 10, Lee discloses the positive terminal layer (26) comprises gold (AU) in paragraph 0108 and Fig. 14A.
Regarding claims 11 and 12, Applicant is claiming the product including the process of making the light guide device, and therefore are of "product-by-process" nature. The courts have been holding for quite some time that: the determination of the patentability of product-by-process claim is based on the product itself rather than on the process by which the product is made. In re Thrope, 777 F. 2d 695, 227 USPQ 964 (Fed. Cir. 1985); and patentability of claim to a product does not rest merely on a difference in the method by which that product is made. Rather, it is the product itself which must be new and unobvious. Applicant has chosen to claim the invention in the product form. Thus a prior art product which possesses the claimed product characteristics can anticipate or render obvious the claim subject matter regardless of the manner in which it is fabricated. A rejection based on 35 U.S.C. section 102 or alternatively on 35 U.S.C. section 103 of the status is eminently fair and acceptable. In re Brown and Saffer, 173 USPQ 685 and 688; In re Pilkington, 162 USPQ 147. As such no weight is given to the process steps recited in claims 11 and 12. Further, Lee discloses coating the layer of zero-index material on the inside of the glass capillary fiber is performed using atomic layer disposition in paragraph 0092.
Regarding claim 13, Lee discloses the zero-index material can be any material that exhibits zero-index property in paragraphs 0067 and 0070.
Regarding claim 14, Lee discloses the zero-index material can be any material that exhibits epsilon-near-zero property in paragraphs 0067 and 0070.
Regarding claim 15, Lee discloses the zero-index material is a transparent conducting oxide material in paragraphs 0067 and 0070.
Regarding claim 16, Lee discloses the transparent conducting oxide material is an indium tin oxide (ITO) material in paragraphs 0067 and 0070.
Regarding claim 17, Lee discloses the propagated light has various wavelengths (paragraphs 0076-0078) and the ITO material can operate in a telecommunication system in paragraphs 0007 and 0067-0070.
Regarding claim 18, Lee discloses the telecommunication system utilizes wavelength k = 1550 nm in paragraph 0089 and Figs. 11D and 12B.
Regarding claim 19, Lee discloses the core has a thickness of 500 nm or larger in paragraph 0091.
Regarding claim 20, Lee discloses the cladding has a thickness of 300 nm or larger in paragraph 0091.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS H CHU whose telephone number is (571)272-8655. The examiner can normally be reached on Mon-Fri 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached on 571-272-239797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general or clerical nature should be directed to the Technology Center 2800 receptionist at telephone number (571) 272-1562.
Chris H. Chu
/CHRIS H CHU/ Primary Examiner, Art Unit 2874 September 28, 2026
