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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/807,741
`
`06/20/2022
`
`AKIRA HASHIYA
`
`083710-3717
`
`4352
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`PEACE, RHONDAS
`
`2874
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/11/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`17/807,741
`Examiner
`R. PEACE
`
`Applicant(s)
`HASHIYAetal.
`Art Unit
`AIA (FITF) Status
`2874
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`CA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C) Claim(s)__is/are allowed.
`Claim(s) 1-3,7-9 and 11 is/are rejected.
`Claim(s) 4-6 and 10 is/are objected to.
`4 Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 6/20/22 is/are: a) accepted or b)C] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`—_c)LJ None ofthe:
`b)LJ Some**
`a)¥) All
`1.{¥) Certified copies of the priority documents have been received.
`2.1 Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date6/20/22and7/6/23.
`U.S. Patent and Trademark Office
`
`3)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240305
`
`

`

`Application/Control Number: 17/807,741
`Art Unit: 2874
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`underthe first inventor to file provisions of the AIA.
`
`Priority
`
`Receipt is acknowledgedof certified copies of papers required by 37 CFR 1.55.
`
`Information Disclosure Statement
`
`The information disclosure statements (IDS) submitted on 6/20/22 and 7/6/23
`
`werefiled in compliance with the provisions of 37 CFR 1.97. Accordingly, the
`
`information disclosure statements are being considered by the examiner.
`
`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
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`correction of the statutory basis (i.e., changing from AIA to pre-AlA) for the rejection will
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`not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same undereither 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 madein this Office action:
`
`A personshall 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 effectivefiling date of the claimed
`invention.
`
`Claim(s) 1-3, 7-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Inada et al. (US 2018/0224709 A1).
`
`

`

`Application/Control Number: 17/807,741
`Art Unit: 2874
`
`Page 3
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`Re. Claim 1, Inada et al. discloses an optical device comprising:
`
`a plurality of optical waveguides 1 that each extendin a first direction, and are
`
`arranged in a second direction intersecting the first direction (Fig. 8; [0167]); and
`
`a planar optical waveguide 10 connected directly or indirectly with the plurality of
`
`optical waveguides 1, wherein the plurality of optical waveguides 1 eachallow light to
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`propagatein the first direction (Fig. 8; [0168]) , and wherein the planaroptical
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`waveguide 10 includesa first mirror 30 and a second mirror 40 that face each other,
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`and extendin the first direction and the second direction, and an optical waveguide
`
`layer 20 located betweenthe first mirror and the second mirror (Figs. 1 and 8; [0125],
`
`[0127]).
`
`Re. Claim 2, Inada et al. discloses at least one of an electrode 62 or an actuator
`
`70, the electrode 62 causing the optical waveguide layer 20 to change in refractive
`
`index (Figs. 32A-32C; [0350]-[0345]), the actuator 70 causing the optical waveguide
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`layer 20 to change in thickness (Fig. 34; [0373]).
`
`Re. Claim 3, Inada et al. discloses an other optical waveguide 1b disposed
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`betweenthe plurality of optical waveguides 1a and the planaroptical waveguide 10,
`
`wherein the plurality of optical waveguides branch off from the other optical waveguide
`
`(Fig. 58; [0449]-[0450)).
`
`Re. Claim 7, Inada et al. discloses the plurality of optical waveguides 1 are
`
`arranged at equal intervals in the second direction (Fig. 8).
`
`Re. Claim 8, Inada et al. discloses the plurality of optical waveguides include a
`
`first optical waveguide, a second optical waveguide, and a third optical waveguide that
`
`are arranged sequentially in the second direction in an orderof the first optical
`
`

`

`Application/Control Number: 17/807,741
`Art Unit: 2874
`
`Page 4
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`waveguide, the second optical waveguide, and the third optical waveguide (Fig. 8;
`
`[0167]), and wherein a center-to-center distance betweenthe first optical waveguide
`
`and the second optical waveguideis different from a center-to-center distance between
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`the second optical waveguide and the third optical waveguide (Fig. 49B; [0405]).
`
`Re. Claim 9, Inada et al. discloses a phaseshifter 80A that changes a phase
`
`difference betweenrays of the light that each propagate in each of the plurality of optical
`
`waveguides 1 (Fig. 47; [0401]).
`
`Re. Claim 11, Inada et al. discloses a photodetection system comprising: the
`
`optical device as discussed above; a photodetector 400 that detects light emitted from
`
`the optical device and reflected by a target object; and a signal processing circuit 600
`
`that, based on an output of the photodetector 400, generates distancedistribution data
`
`(Figs. 67-69; [0485]-[0489)).
`
`Allowable Subject Matter
`
`Claims 4-6 and 10 are objected to as being dependent upona rejected base
`
`claim, but would be allowableif rewritten in independent form including all of the
`
`limitations of the base claim and anyintervening claims.
`
`The following is a statement of reasons for the indication of allowable subject
`
`matter:
`
`Re. Claims 4-6, the prior art does not disclose or reasonably suggest the claimed
`
`invention, specifically wherein the optical coupling portion containing a distal end portion
`
`of each ofthe plurality of optical waveguides, and wherein the distal end portion of each
`
`of the plurality of optical waveguides includes one or moregratings.
`
`

`

`Application/Control Number: 17/807,741
`Art Unit: 2874
`
`Page 5
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`The most applicable prior art, Inada (US 2018/20180224709 A1), fails to disclose
`
`or reasonably suggest the claimed invention, specifically those features highlighted
`
`above in combination with the remaining limitations of the claims.
`
`Inada et al. discloses
`
`the use of gratings as an input coupling element, located at the proximal end of each
`
`optical waveguide, butfails to disclose or reasonably suggest a grating located on a
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`portion of the optical waveguide contained within the optical coupling portion.
`
`Re. Claim 10, the prior art does not disclose or reasonably suggest the claimed
`
`invention, specifically wherein the planar waveguide connected with the plurality of
`
`optical waveguides is a single planar waveguide.
`
`The most applicable prior art, Inada (US 2018/20180224709 A1), fails to disclose
`
`or reasonably suggest the claimed invention, specifically those features highlighted
`
`above in combination with the remaining limitations of the claims. Each of the
`
`embodimentsof Inada et al. disclose a planar waveguide comprising a plurality of
`
`waveguide elements, and fail to disclose or reasonably suggest an arrangement
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`wherein the planar waveguide is a single waveguide.
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`Conclusion
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`The prior art madeof record and not relied upon is considered pertinent to
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`applicant's disclosure. See the attached PTO-892.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to R. PEACE whosetelephone numberis (571)272-8580.
`
`The examiner can normally be reached 9-5 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`

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`Application/Control Number: 17/807,741
`Art Unit: 2874
`
`Page 6
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`
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`
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`
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`
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`
`/RHONDA S PEACE/
`Primary Examiner, Art Unit 2874
`3/5/24
`
`