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.
Claim(s) 1, 2, 8, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawano et al (US 20030141441).
Regarding claim 1, Kawano et al teach (Figs. 1-8) A position measurement encoder apparatus comprising: a scale (32) comprising a series of position features which are readable by a readhead, the series extending along a measuring dimension; a readhead (on substrate 28) comprising: i) a polarised light source (30) for emitting polarised light toward the scale; ii) a sensor (38) configured to detect an optical signal from the scale's position features which can be used to determine the relative position of the scale and readhead along the measuring dimension; and iii) a polarisation manipulator (polarization hologram recorded on element 32), located in the optical path between the polarised light source and the sensor, configured such that regardless of the predominant input polarisation orientation (p-polarized light) of the footprint of polarised light received by the polarisation manipulator, the degree of polarisation of the light output from the polarisation manipulator (S-polarization) is less than that of the polarised light received by the polarisation manipulator.
Regarding claim 2, Kawano et al teach the polarisation manipulator is configured such that the degree of polarisation of the light output from at least the region of the footprint of light output from the polarisation manipulator that forms the optical signal at the sensor is less than that of the polarised light emitted from the polarised light source. That is, the footprint widens from element 32 toward element 34.
Regarding claim 8, Kawano et al teach the polarization manipulator comprises an optical retarder (34).
Regarding claim 17, Kawano et al teach the light source is a laser light source, optionally a Vertical Cavity Surface-Emitting Laser (VCSEL).
Regarding claim 18, Kawano et al teach A position measurement encoder apparatus comprising: a scale comprising a series of position features, the series extending in a measuring dimension; a readhead comprising: i. a polarised light source (30) for emitting polarised light toward the scale (32); ii. a sensor (38) configured to detect an optical signal from the scale's position features; and an optical retarder element (holographic element on scale), located in the optical path between the polarised light source and the sensor, having a fast axis and/or a retardance ([0070]- element 34) that is non-uniform along at least one- dimension (sinusoidal is understood as non-uniform), configured such that regardless of the predominant input polarisation orientation of the footprint of polarised light hitting the optical retarder element, the light output from the optical retarder element comprises a mix of polarisation orientations.
Allowable Subject Matter
Claims 3-7 and 9-16 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm.
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, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TONY KO/Primary Examiner, Art Unit 2878
TK