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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show or properly label several features claimed and described in the specification. Specifically, the drawings only provide labels for a waveguide element 100 and a pupil-expanding coupling element 200, while the following features are claimed and described in the specification, but not labeled in the drawings (Figure 2, in particular), and should be labeled to ensure a complete understanding of the invention:
A waveguide substrate
A longitudinal pupil-expanding beam-splitting surface array
A plurality of stacked first beam-splitting slopes
An angle α
A triangular prism
A free-surface oblique quadrangular prism
A free-surface triangular prism
Because the above are not labeled and it is not clear specifically which features correspond to the illustrated features in Figure 2, the following claimed features should also be labeled to ensure a complete understanding of the invention:
A triangular prism incident surface
A triangular prism reflective surface
A first oblique quadrangular prism incident surface
An oblique quadrangular prism reflective surface
A second oblique quadrangular prism incident surface
An oblique quadrangular prism bottom surface
A triangular prism incident plane
A triangular prism plane
A triangular prism free surface
An included angle β
An acute included angle ɣ
A second triangle
A parallelogram
A third side
A triangular prism transmissive surface
A transverse pupil-expanding beam-splitting surface array
A plurality of stacked second beam-splitting slopes
An angle ϴ
Further, the following feature is described in the specification (e.g., paragraph [0044]), but is not labeled in the drawings (Figure 2, in particular), and should be labeled to ensure a complete understanding of the invention:
An upper substrate
A lower substrate
The longitudinal pupil-expanding beam-splitting surface array is disposed between the upper substrate and the lower substrate
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (e.g., paragraph [0027]). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 1–18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 1 and 10 (as well as Claims 2–9 which depend from Claim 1, and Claims 11–18 which depend from Claim 10), the claimed features discussed above with respect to the drawings are unclear. Specifically, because the figures are essentially unmarked, it is difficult to ascertain the relationships between and locations of the elements and features claimed and described in the specification, such that the claims are unclear. As noted above, the following limitations and their relationships are unclear:
A waveguide substrate
A longitudinal pupil-expanding beam-splitting surface array
A plurality of stacked first beam-splitting slopes
An angle α
A triangular prism
A free-surface oblique quadrangular prism
A free-surface triangular prism
Because the above are not labeled and it is not clear specifically which features correspond to the illustrated features in Figure 2, the following claimed features tied to the above limitations are also unclear:
A triangular prism incident surface
A triangular prism reflective surface
A first oblique quadrangular prism incident surface
An oblique quadrangular prism reflective surface
A second oblique quadrangular prism incident surface
An oblique quadrangular prism bottom surface
A triangular prism incident plane
A triangular prism plane
A triangular prism free surface
An included angle β
An acute included angle ɣ
A second triangle
A parallelogram
A third side
A triangular prism transmissive surface
A transverse pupil-expanding beam-splitting surface array
A plurality of stacked second beam-splitting slopes
An angle ϴ
Appropriate clarification and correction are required.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In view of the §112 rejection above, these references have not been explicitly mapped to the claim features, but would be relevant to potential §102/103 rejections once the §112 rejections are resolved.
US 2018/0210202 to Danziger, Figs. 1A–2B and 8A, appears to illustrate an optical waveguide device including a waveguide element 10 and a pupil-expanding coupling element (e.g., coupling reflector arrangement, paragraph [0101]), where the pupil expanding coupling element includes coupling prism integrally formed (paragraph [0103]), and Fig. 8A appears to illustrate a triangular prism, a free-surface oblique quadrangular prism, and a free-surface triangular prism.
EP 3938835 B1 (copy attached), at least Fig. 6, appears to similarly illustrate an optical waveguide device including a waveguide element and a pupil-expanding coupling element (Fig. 6), where the pupil expanding coupling element includes coupling prism integrally formed including a triangular prism 76/78, a free-surface oblique quadrangular prism (portion of 26), and a free-surface triangular prism (other of 76/78).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN CROCKETT whose telephone number is (571)270-3183. The examiner can normally be reached M-F 8am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN CROCKETT/Primary Examiner, Art Unit 2871
Prosecution Insights