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 .
Response to Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive.
Applicant’s arguments have been considered. As the amendments now shift the focus from the pores to the area in between the pores that creates said pore structures the rejection will now shift to mirror the amendments, the rejection is still believed to be proper and has been restated below to include changes due to the amendments.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 5, 7-9, and 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai (US 20190196068, of record) herein after referred to as D1.
With regard to claim 1, D1 teaches a fishnet achromatic metalens, in at least (Figs. 1c, 2a, and 10; and para. [0059], [0066]); configured to operate in light wavelengths having a range of approximately 640 nm to 1200 nm ([0022], and [0059]), the metalens comprised of a repeated unit cell (cross sections adjacent to pores 112) each unit cell (cross sections adjacent to pores 112) comprising a cylindrical portion (raised area in cross sections between pores) having extensions (raised areas connecting each cross section that help create pores 112) to connect to other unit cells (cross sections adjacent to pores 112).
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a metalens, in at least (Fig. 2a, 4b, 10; and para. [0059], [0066]); the metalens having a phase-shift intercept based upon a focal length and radial position of the metalens, and the frequency of the light, wherein the phase-shift has an error of less than 30 degrees.
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a metalens, in at least (Fig. 2a, 4b, 10; and para. [0059], [0066]); wherein the metalens has an efficiency of at least 65%.
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a metalens, in at least (Fig. 2a, 4b, 10; and para. [0059], [0066]); wherein the metalens has a fractional bandwidth of at least 61%.
With regard to claim 9, D1 teaches a method of manufacturing a fishnet achromatic metalens, in at least (Figs. 1c, 2a, and 10; and para. [0059], [0066]); comprising: cleaning a substrate ([0057]); depositing a resist on the substrate ([0058]); patterning the resist with a pattern that is an inverse of a pattern for the metalens ([0058]); the metalens comprised of a repeated unit cell (cross sections adjacent to pores 112) each unit cell (cross sections adjacent to pores 112) comprising a cylindrical portion having extensions (raised area between each 112) to connect to other unit cell (cross sections adjacent to pores 112); depositing a structural material in the pattern for the metalens ([0058]); removing residual structural material ([0058]); and removing residual resist to leave the metalens on the substrate ([0058]).
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches a metalens, in at least (Fig. 2a, 10; and para. [0058-0059], [0066]); wherein depositing a resist comprises depositing an electron beam lithography ([0058]) resist.
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 12, wherein D1 further teaches a metalens, in at least (Fig. 2a, 10; and para. [0058-0059], [0066]); wherein patterning the resist comprises applying electron beam lithography ([0058]) to the resist and developing the pattern with a solution.
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches a metalens, in at least (Fig. 2a, 10; and para. [0058-0059], [0066]); wherein depositing the structural material comprises depositing titanium oxide ([0015]).
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches a metalens, in at least (Fig. 2a, 10; and para. [0015], [0058-0059], [0066]); wherein depositing the structural material comprises using atomic layer deposition ([0062]).
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches a metalens, in at least (Fig. 2a, 10; and para. [0058-0059], [0066]); wherein removing the residual structural material comprises performing reactive-ion etching ([0058]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3-4, 6, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 20190196068, of record), herein after referred to as D1, as applied to claims 1 and 9 above, and further in view of Wu (US 20110069377, of record) herein after referred to as D2.
With regard to claim 3, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, however D1 does not expressly disclose, wherein the unit cell has geometric parameters of length, width, height, and radius, and the index of the metalens is based on the geometric parameters.
In a related endeavor, D2 teaches a metalens, in at least (fig. 1a; and [0039]); wherein the unit cell (cross sections adjacent to pores 112) has geometric parameters of length, width, height, and radius, and the index of the metalens is based on the geometric parameters ([0041], [0043], [0046], [0073]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, the invention of D1 with the unit cell has geometric parameters of length, width, height, and radius, and the index of the metalens is based on the geometric parameters of D2, for the purpose of If a single unit cell configuration is repeated over the entire metamaterial, the result would be a uniform metamaterial with the refractive index calculated for that configuration. By varying the size parameter as a function of spatial position, the refractive index gradient can be obtained.
With regard to claim 4, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, however D1 does not expressly disclose, wherein the radius is 135 nanometers, the width is 270 nanometers, and the length and the period are both equal to 370 nanometers.
In a related endeavor, D2 teaches a metalens, in at least (fig. 1a; and [0039], [0041], [0043], [0046], [0073]); wherein the radius is 135 nanometers, the width is 270 nanometers, and the length and the period are both equal to 370 nanometers.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, the invention of D1 with the radius is 135 nanometers, the width is 270 nanometers, and the length and the period are both equal to 370 nanometers of D2, for the purpose of If a single unit cell configuration is repeated over the entire metamaterial, the result would be a uniform metamaterial with the refractive index calculated for that configuration. By varying the size parameter as a function of spatial position, the refractive index gradient can be obtained.
With regard to claim 6, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, however D1 does not expressly disclose, wherein the width is less than or equal to two times the radius.
In a related endeavor, D2 teaches a metalens, in at least (fig. 1a; and [0039], [0041], [0043], [0046], [0073]); wherein the width is less than or equal to two times the radius.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, the invention of D1 with the width is less than or equal to two times the radius of D2, for the purpose of If a single unit cell configuration is repeated over the entire metamaterial, the result would be a uniform metamaterial with the refractive index calculated for that configuration. By varying the size parameter as a function of spatial position, the refractive index gradient can be obtained.
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, however D1 does not expressly disclose, wherein cleaning the substrate comprises cleaning a glass substrate.
In a related endeavor, D2 teaches a metalens, in at least (fig. 1a; and [0039], [0041], [0043], [0046], [0073]); wherein cleaning the substrate comprises cleaning a glass substrate.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, the invention of D1 with cleaning the substrate comprises cleaning a glass substrate of D2, for the purpose of If a single unit cell configuration is repeated over the entire metamaterial, the result would be a uniform metamaterial with the refractive index calculated for that configuration. By varying the size parameter as a function of spatial position, the refractive index gradient can be obtained.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 20190196068, of record) herein after referred to as D1, as applied to claim 9 above, and further in view of Moser (WO 2009/116956, of record) herein after referred to as D3.
With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, however D1 does not expressly disclose, wherein cleaning the substrate comprises an 02-plasma treatment.
In a related endeavor, D3 teaches a metalens, in at least (pg. 25, Ln. 11-17); wherein cleaning the substrate comprises an treatment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, the invention of D1 with cleaning the substrate comprises an 02-plasma treatment of D2, for the purpose of expanding uses of metamaterials.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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, Bumsuk Won can be reached at (571) 272-2713. 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.
/GRANT A GAGNON/Examiner, Art Unit 2872
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872