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 .
Current Status
Pursuant to the requirements of MPEP 706.07(a), this Office Action is non-final. The remarks filed 7/16/25 are considered at least partially persuasive regarding the previously applied prior art; thus, the previous prior art rejections are withdrawn. Please find the following in place thereof.
Claim(s) 1 is/are amended.
Claim(s) 1-18 is/are pending; claims 3, 4, 7, 16, and 18 remain withdrawn pursuant to the requirement for restriction mailed 4/8/24 and the response filed 9/30/24, election without traverse. Claims 1, 2, 5, 6, 8-15, 17 are examined.
With this Office Action, claim(s) 1, 2, 5, 6, 8-15, 17 are rejected.
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, 2, 5, 6, 8-15, 17 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 pre-AIA the applicant regards as the invention.
Claim 2 states in part, “microstructure is formed by an array…[.]” It is unclear whether this intended to mean that the “microstructures are formed into an array” (supported by the specification; the interpretation taken for examination) or that there is an array of something somehow sub-structural to each permanent magnet-microstructure (if this is intended, then each magnet meets this limitations since each necessarily has a North and South pole/section, thus a small array).
Claim(s) 3, though presently non-elected, would inherit(s) the same deficiencies by virtue of dependency in any rejoinder. Appropriate correction is required.
Further, it is noted that applicant’s written description indicates both “permanent magnetic microstructures” (p. 11, ln. 12) and “permanent magnetic elements” (p. 10, ln 31) as 10 and 15 in the figures is considered sufficiently clear to a PHOSITA and for examination purposes; thus, they are interpreted as the same structures in the claims. However, it is recommended that the language be consolidated to one or the other as optimum.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 6, 8-15, 17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Dewa (US 7149427).
Regarding independent claim 1, Dewa discloses a MEMS system (abst – micromirror array assembly (10,20); see also Figs. 2a-3d), comprising (i.e., open language for the claim, MPEP 2111.03):
a first permanent-magnetic microstructure (53 – permanent magnet; i.e., upper and lower as depicted by Fig. 3) movable along a first direction (Fig. 3: 31 – first axis, shown also in Figs. 3a, 3b);
a second permanent-magnetic microstructure (53 – permanent magnet; i.e., left and right as depicted by Fig. 3) arranged to be spaced apart from the first permanent-magnetic microstructure (i.e., there is space between the upper, lower, and side magnets 53),
wherein, by moving the first permanent-magnetic microstructure (53 – permanent magnet; i.e., upper and lower as depicted by Fig. 3) along the first direction (31 – first axis), the second permanent-magnetic microstructure (in the alternative) or one or more elements of the second permanent-magnetic microstructure (53 – permanent magnet; i.e., left and right as depicted by Fig. 3) are either moved (i.e., at least at the edges) or actuated (in the alternative) in a second direction (35 – second axis) or undergo rotation (in the alternative);
wherein the first permanent-magnetic microstructure (53 – permanent magnet; i.e., upper and lower as depicted by Fig. 3) is formed by a first array comprising (i.e., open language for the first array) a plurality of permanent-magnetic elements (Fig. 2a – note the array of multiple upper + lower magnets 53, per Fig. 3, in the first axis direction); or wherein the second permanent-magnetic microstructure is formed by a second array comprising a plurality of the permanent- magnetic elements (in the alternative; also, Fig. 2a – note the array of multiple left + right magnets 53, per Fig. 3, in the second axis direction); and
wherein the plurality of the permanent-magnetic elements (i.e., magnets 53) of the first array or second array (in the alternative) are rigidly connected (i.e., they do not shift from their attached position on the device) to one another (via the assembly 10) so that they are similarly moved (Fig. 2a: i.e., note that for each mirror 29 in Fig. 2a, there is a movable support structure, as in Fig. 3, including permanent magnets 53 that oscillate with the mirror body 47 and gimbal portions 45) or actuated (i.e., in the alternative) as a result of a movement of the first permanent-magnetic microstructure along the first direction and the second direction, respectively (i.e., via rotation about first axis 31 and second axis 35; see also col. 8, lns. 11-18).
Regarding claim 2, the reference further discloses, as best understood, The MEMS system according to claim 1, wherein the first permanent-magnetic microstructure is formed by [interpreted as “into”] an array (Figs. 2a-3d – note array structure with permanent magnets 53); and wherein the second permanent-magnetic microstructure is formed by [interpreted as “into”] an array (Figs. 2a-3d – note array structure with permanent magnets 53).
Regarding claim 5, the reference further discloses 5 The MEMS system according to claim 1, wherein the first permanent-magnetic microstructure is magnetized in parallel (Figs. 2a-3d – note array structure with permanent magnets 53; this must be true for the magnets to repel and attract coils 34 as necessary to work properly) with or is magnetized in opposite direction to the second permanent-magnetic microstructure (in the alternative).
Regarding claim 6, the reference further discloses 6 The MEMS system according to claim 1, wherein the second direction is different from the first direction (Fig. 3: 31, 35 – first and second axes are different); or wherein the second direction is perpendicular to the first direction (Fig. 3: 31, 35 – first and second axes are perpendicular).
Regarding claim 8, the reference further discloses 8 The MEMS system according to claim 1, wherein the MEMS system comprises a support for the first permanent-magnetic structure that restricts (via stiffness) movement (Fig. 3: 45 - gimbal) or actuation (in the alternative) perpendicular to the first direction (i.e., since exterior in all directions, includes perpendicular).
Regarding claim 9, the reference further discloses 9 The MEMS system according to claim 1, wherein the second permanent-magnetic microstructure or the one or more elements of the second permanent-magnetic microstructure are supported by means of a support which restricts movement or actuation perpendicular to the second direction or which only permits rotation about a rotation point or points defined by the second permanent-magnetic microstructure (Fig. 3: 45 - gimbal).
Regarding claim 10, the reference further discloses 10 The MEMS system according to claim 1, wherein the first permanent-magnetic microstructure or one or more elements of the first permanent-magnetic microstructure and/or the second permanent-magnetic microstructure or the one or more elements of the second permanent-magnetic microstructure extend along a third direction which is perpendicular to the first and second directions (Fig. 2a-3d, 6c – Z-direction, orthogonal to first and second axes).
Regarding claim 11, the reference further discloses 11 The MEMS system according to claim 1, wherein the plurality of permanent- magnetic elements are individually supported such that they are similarly moved or actuated or undergo a similar rotation as a result of a movement of the first permanent- magnetic microstructure along the second direction (Fig. 2a-3d, 6c – note structures and movement; see also col. 8, lns. 11-18).
Regarding claim 12, the reference further discloses 12 The MEMS system according to claim 1, wherein the plurality of permanent- magnetic elements are individually supported such that the plurality of permanent- magnetic elements undergo individual movement or actuation in response to the movement of the first permanent-magnetic structure (Figs. 2a-2c: via coil driver array 50).
Regarding claim 13, the reference further discloses 13 The MEMS system according to claim 1, wherein the first permanent-magnetic structure comprises a singular number or a plurality (i.e., singular or plurality is any number) of permanent-magnetic elements facing the plurality of permanent-magnetic elements of the second permanent-magnetic structure (across either axis or 10 divided by “2b” line as in Fig. 2a); or wherein the first permanent-magnetic structure comprises a plurality of permanent- magnetic elements facing the same plurality of permanent-magnetic elements of the second permanent-magnetic microstructure (in the alternative; also, across either axis or 10 divided by “2b” line as in Fig. 2a).
Regarding claim 14, the reference further discloses 14 The MEMS system according to claim 1, further comprising a micromechanical actuator connected or coupled to the first permanent-magnetic structure, wherein the micromechanical actuator is configured to move the first permanent-magnetic structure along the first direction (Fig. 2a-3d, 6c – via coil driver array 50).
Regarding claim 15, the reference further discloses 15 The MEMS system according to claim 1, wherein the first permanent-magnetic microstructure and the second permanent-magnetic microstructure are formed within a substrate (Fig. 6c: 70 – mirror wafer; note permanent magnets 53 on both sides).
Regarding claim 17, the reference further discloses 17 The MEMS system according to claim 1, wherein the first or second permanent-magnetic microstructure is arranged in a chamber such that the first permanent-magnetic microstructure is encapsulated with respect to the second permanent-magnetic microstructure (e.g., Fig. 6c: note that each magnet 53 has outer sides and are separate, thus chambered and encapsulated from each other).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER D. CARRUTH whose telephone number is (571)272-9791, who can normally be reached on Mon-Fri 9:00 AM - 4:00 PM ET.
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If attempts to reach Supervisory Examiner Carruth by telephone are unsuccessful, the examiner’s supervisor, Director Allana L Bidder, can be reached on 571-272-5560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER D. CARRUTH/Supervisory Patent Examiner, Art Unit 2871