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 Amendment
Claims 1-5 and 7-18 are currently pending in the present application. Claims 1 and 17 are currently amended; claims 2-5, 7-16 and 18 are previously presented; and claim 6 is canceled. The amendment dated December 19, 2025 has been entered into the record.
Response to Arguments
The applicant has amended claims 1 and 17. Applicant's arguments with respect to newly amended claims 1 and 17 have been fully considered, and are moot in light of the new ground of rejection set forth below. The new ground of rejection cites Guo et al. (CN 111290164A; US 2022/0317542 as the equivalent English translation document).
Regarding claim 18, the applicant argues that conductive ITO layers 412 and 403 cannot be regarded as tunning structures (see Remarks, Pages 8-9). The examiner notes that the office action cites a plurality of tunning structures comprises the liquid crystal layer 401 AND the conductive ITO layers 412 and 403 which are individually addressable. A gradient electric field of Stephen is used to vary the orientations of the individual crystals. See Paragraph [0048] “For example, a gradient electric field … Such a configuration would require each side of each electrode (407 and 408) to be individually addressable”.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-5, 9, 11-14 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN 111290164A; US 2022/0317542 as the equivalent English translation document, hereinafter “Guo”) in view of Murata (US 2007/0183293), of record.
Regarding claim 1, Guo discloses an optoelectronic device (Figs. 1-6, 9A and 13; Paras. [0024]-[0331], [0034] and [0041]) for manipulating electromagnetic radiation (Para. [0004], [0051], [0057]), the optoelectronic device comprising:
a substrate (2) having a main plane of extension (the plane disposed on 2),
at least one tuning structure (3) arranged on a main surface of the substrate, the tuning structure comprising an electro-optical material (301), wherein the at least one tuning structure comprises a first electrical contact (3022) at a first side of the tuning structure and a second electrical contact (3021) at a second side of the tuning structure,
a cover layer (12A) covering the at least one tuning structure,
an optical structure (12B) arranged on the cover layer, so that the cover layer is arranged between the optical structure and the at least one tuning structure,
a voltage electrically applied connected to the first electrical contact and the second electrical contact (Para. [0055]), the voltage source being provided for generating electric fields within the at least one tuning structure (Para. [0055]),
wherein the optical structure comprises a target specification being a member of a group comprising a focal length, a deflection angle, a light polarization and a pattern projection (Paras. [0059], [0062]),
wherein a thickness of the optical structure is at least 200 nm and at most 2 μm (Para. [0069] “500 nm”), and
wherein the target specification of the optical structure is altered by controlling the electric fields within the at least one tuning structure (Paras. [0019], [0051]).
Guo does not necessarily disclose a voltage source connected to the first electrical contact and the second electrical contact.
However, Murata teaches providing a voltage source connected to two electrical contacts (Paragraph [0163]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Huo with the teachings of Murata, to have a voltage source connected to the first electrical contact and the second electrical contact, for the purpose of providing a voltage for a liquid crystal layer (Murata: Paragraphs [0163]).
Regarding claim 2, Guo as modified by Murata discloses the limitations of claim 1 above, and Guo further discloses wherein at least one optical property of the tuning structure is altered by applying a respective electric field (Paras. [0059], [0062]).
Regarding claim 3, Guo as modified by Murata discloses the limitations of claim 1 above, and Guo further discloses wherein the optical structure comprises structural elements (1231) each being smaller than a wavelength of electromagnetic radiation to be manipulated (Para. [0079] identifying the metasurface includes structural elements 12B or 1231; the examiner considers a metasurface is known to have subwavelength elements).
Regarding claim 4, Guo as modified by Murata discloses the limitations of claim 1 above, and Guo further discloses wherein the optical structure comprises a meta-material (Para. [0079]).
Regarding claim 5, Guo as modified by Murata discloses the limitations of claim 1 above, and Guo further discloses wherein the optical structure forms one member of a group comprising a lens, a diffraction grating, a zone plate, a phase plate, a holographic plate and a diffusor (Para. [0058]).
Regarding claim 9, Guo as modified by Murata discloses the limitations of claim 1 above, and Guo further discloses a plurality of tuning structures forming an array of tuning structures (see Figs. 1-2; Para. [0050]).
Regarding claim 11, Guo as modified by Murata discloses the limitations of claim 1, and Guo further discloses wherein the first electrical contact and the second electrical contact are arranged on a top surface and a rear surface of the tuning structure, respectively (Fig. 2), the top surface and the rear surface being parallel to the main plane of extension of the substrate and the top surface and the rear surface being arranged at opposing sides of the tuning structure (Fig. 2).
Regarding claim 12, Guo as modified by Murata discloses the limitations of claim 1. And Guo further discloses a plurality of tuning structures (3 in each P), wherein the electric field generated by the voltage source is different in at least two of the tuning structures during operation (see Fig. 4 and Paras. [0051] and [0055] teaching the liquid crystal in each sub-pixel region P may be driven to deflect under the action of the electric field where the deflection angle is different for each P).
Regarding claim 13, Guo as modified by Murata discloses the limitations of claim 1.
Guo does not disclose in the at least one tuning structure the electric field generated by the voltage source is variable in time during operation.
However, Murata teaches in at least one tuning structure the electric field generated by the voltage source is variable in time during operation (Figs. 4(A)-(C), teaching a time of voltage application or a time of no voltage application; Paras. [0039], [0376]-[0377]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the tuning structure as disclosed by Guo with the teachings of Murata, wherein in the at least one tuning structure the electric field generated by the voltage source is variable in time during operation, for the purpose of applying a voltage as required (Murata: Para. [0039]).
Regarding claim 14, Guo as modified by Murata discloses the limitations of claim 1, and Guo further discloses wherein the electromagnetic radiation to be manipulated is in the infrared, the near-infrared or in the visible wavelength range, or in a range overlapping at least two of these wavelength ranges (Para. [0085]).
Regarding claim 16, Guo as modified by Murata discloses the limitations of claim 1, and Guo further discloses an electronic system (Fig. 13) comprising the optoelectronic device (10) according to claim 1, wherein the electronic system is in particular an optoelectronic system provided for emitting and/or sensing electromagnetic radiation (Para. [0055]).
Regarding claim 17, Guo discloses an optoelectronic device (Figs. 1-6, 9A and 13; Paras. [0024]-[0331], [0034] and [0041]) for manipulating electromagnetic radiation (Para. [0004], [0051], [0057]), the optoelectronic device comprising:
a substrate (2) having a main plane of extension (the plane disposed on 2),
at least one tuning structure (3) arranged on a main surface of the substrate, the tuning structure comprising an electro-optical material (301), wherein the at least one tuning structure comprises a first electrical contact (3022) at a first side of the tuning structure and a second electrical contact (3021) at a second side of the tuning structure,
a cover layer (12A) covering the at least one tuning structure,
an optical structure (12B) arranged on the cover layer, so that the cover layer is arranged between the optical structure and the at least one tuning structure,
a voltage electrically applied connected to the first electrical contact and the second electrical contact (Para. [0055]), the voltage source being provided for generating electric fields within the at least one tuning structure (Para. [0055]),
wherein the optical structure comprises a target specification being a member of a group comprising a light polarization and a pattern projection (Fig. 4 and Para. [0057] teaching different focal planes and/or a different pattern projection),
wherein the target specification of the optical structure is altered by controlling the electric fields within the at least one tuning structure (Paras. [0019], [0051]).
Guo does not necessarily disclose a voltage source connected to the first electrical contact and the second electrical contact.
However, Murata teaches providing a voltage source connected to two electrical contacts (Paragraph [0163]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Huo with the teachings of Murata, to have a voltage source connected to the first electrical contact and the second electrical contact, for the purpose of providing a voltage for a liquid crystal layer (Murata: Paragraphs [0163]).
Regarding claim 18, Guo discloses an optoelectronic device (Figs. 1-6, 9A and 13; Paras. [0024]-[0331], [0034] and [0041]) for manipulating electromagnetic radiation (Para. [0004], [0051], [0057]), the optoelectronic device comprising:
a substrate (2) having a main plane of extension (the plane disposed on 2),
at least one tuning structure (3) arranged on a main surface of the substrate, the tuning structure comprising an electro-optical material (301), wherein the at least one tuning structure comprises a first electrical contact (3022) at a first side of the tuning structure and a second electrical contact (3021) at a second side of the tuning structure,
a cover layer (12A) covering the at least one tuning structure,
an optical structure (12B) arranged on the cover layer, so that the cover layer is arranged between the optical structure and the at least one tuning structure,
a voltage electrically applied connected to the first electrical contact and the second electrical contact (Para. [0055]), the voltage source being provided for generating electric fields within the at least one tuning structure (Para. [0055]),
a plurality of tuning structures (3 in each P), wherein the electric field generated by the voltage source is different in at least two of the tuning structures during operation (see Fig. 4 and Paras. [0051] and [0055] teaching the liquid crystal in each sub-pixel region P may be driven to deflect under the action of the electric field where the deflection angle is different for each P),
wherein the optical structure comprises a target specification being a member of a group comprising a focal length, a deflection angle, a light polarization and a pattern projection (Paras. [0059], [0062]), and
wherein the target specification of the optical structure is altered by controlling the electric fields within the at least one tuning structure (Paras. [0019], [0051]).
Guo does not necessarily disclose a voltage source connected to the first electrical contact and the second electrical contact.
However, Murata teaches providing a voltage source connected to two electrical contacts (Paragraph [0163]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Huo with the teachings of Murata, to have a voltage source connected to the first electrical contact and the second electrical contact, for the purpose of providing a voltage for a liquid crystal layer (Murata: Paragraphs [0163]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Murata, and in further view of Popovich (US 2018/0246354, hereinafter “Popovich”).
Regarding claim 7, Guo as modified by Murata discloses the limitations of claim 1.
Guo does not necessarily disclose a top-view the tuning structure comprises a circumferential portion.
However, Popovich teaches a known electrically focus-tunable lens includes a top-view the tuning structure comprising a circumferential portion (Fig. 3; Para. [0020], [0058]).
Because Guo suggests the optoelectronic device be used for lenses (Fig. 13), it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the tuning structure as disclosed by Guo with the teachings of Popovich, wherein a top-view the tuning structure comprises a circumferential portion, for the purpose of considering the shape of known lenses (Popovich: Para. [0020]).
Regarding claim 8, Guo as modified by Murata and Stephen discloses the limitations of claim 7.
Guo does not necessarily disclose in a top-view at least one further tuning structure comprises at least one further circumferential portion, the at least one further circumferential portion surrounding the circumferential portion in lateral directions, that extend parallel to the main plane of extension of the substrate.
However, Popovich teaches a known electrically focus-tunable lens includes, in a top-view at least one further tuning structure comprises at least one further circumferential portion, the at least one further circumferential portion surrounding the circumferential portion in lateral directions, that extend parallel to the main plane of extension of the substrate (Figs. 1 and 3 and Para. [0020], [0056] and [0058] teaching the substrate 103 and tuning structure 114).
Because Guo already teaches using the optoelectronic device for lenses or glasses (Fig. 13), it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the tuning structure as disclosed by Guo with the teachings of Popovich, wherein in a top-view at least one further tuning structure comprises at least one further circumferential portion, the at least one further circumferential portion surrounding the circumferential portion in lateral directions, that extend parallel to the main plane of extension of the substrate, for the purpose of considering the shape of known lenses (Popovich: Para. [0020]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Murata, and in further view of Zhang (US 2016/0187684), of record.
Regarding claim 10, Guo as modified by Murata discloses the limitations of claim 1.
Guo does not disclose the first electrical contact and the second electrical contact are arranged on respective side surfaces of the tuning structure, where the side surfaces run perpendicular or transverse with respect to the main plane of extension of the substrate.
However, Zhang teaches two electrical contacts (45 and 44 in Figure 8) arranged on side surfaces of a tuning structure (electrodes comprising 45 and 44), where side surfaces run perpendicular or transverse with respect to the main plane of extension of a substrate (4).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the electrical contacts as disclosed by Guo with the teachings of Zhang, wherein the first electrical contact and the second electrical contact are arranged on respective side surfaces of the tuning structure, where the side surfaces run perpendicular or transverse with respect to the main plane of extension of the substrate, for the purpose of obtaining a voltage difference and as conventionally known in the art (Zhang: Fig. 8).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Murata, and in further view of Stephen (US 2013/0128334), of record.
Regarding claim 15, Guo as modified by Murata discloses the limitations of claim 1.
Guo does not disclose the tuning structure comprises a solid-state inorganic material.
However, Stephen teaches a known tuning structure material includes a solid-state inorganic material (Para. [0070]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the tuning structure as taught by Guo with the teachings of Stephen, wherein the tuning structure comprises a solid-state inorganic material, for the purpose of using known suitable electro-optical media (Stephen: Para. [0070]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Stephen in view of Murata.
Regarding claim 18, Stephen discloses an optoelectronic device (Fig. 4; Para. [0039]) for manipulating electromagnetic radiation (Paras. [0008]-[0009], [0039]), the optoelectronic device comprising:
a substrate (404) having a main plane of extension (Fig. 4),
at least one tuning structure (the liquid crystal layer 401, the conductive ITO layers 412 and 403) arranged on a main surface of the substrate, the tuning structure comprising an electro-optical material (401), wherein the at least one tuning structure comprises a first electrical contact (412; Para. [0039]) at a first side of the tuning structure and a second electrical contact (403) at a second side of the tuning structure,
an optical structure (400),
generating electric fields within the at least one tuning structure (Para. [0039]),
a plurality of tuning structures (the liquid crystal layer 401, the conductive ITO layers 412 and 403 which are individually addressable; see Para. [0039], [0048]), wherein the electric field generated by the voltage source is different in at least two of the tuning structures during operation (Paras. [0039], [0048]),
wherein the optical structure comprises a target specification being a member of a group comprising a focal length, a deflection angle, a light polarization and a pattern projection (Para. [0045]), and
wherein the target specification of the optical structure is altered by controlling the electric fields within the at least one tuning structure (the target focal length of the Fresnel structure 400 would change when the voltage source within the tuning structure is turned on or turned off and/or the gradient field within the tuning structure changes, because "the index of refraction of 401 relative to 400" varies; Paras. [0039]-[0040], [0042], [0045]).
Stephen does not necessarily disclose a cover layer covering the at least one tuning structure, the optical structure arranged on the cover layer, so that the cover layer is arranged between the optical structure and the at least one tuning structure;
a voltage source electrically connected to the first electrical contact and the second electrical contact, the voltage source being provided for generating electric fields.
However, Murata teaches providing a cover layer (13 in Fig. 14) for covering a tuning structure (10C); an optical structure (10A and/or 10B) arranged on the cover layer, so that the cover layer is arranged between the optical structure and the tuning structure; and a voltage source electrically connected to two electrical contacts, the voltage source being provided for generating electric fields (Para. [0163]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Stephen, to have a cover layer covering the at least one tuning structure, such that the optical structure arranged on the cover layer, so that the cover layer is arranged between the optical structure and the at least one tuning structure; and a voltage source electrically connected to the first electrical contact and the second electrical contact, the voltage source being provided for generating electric fields, for the purpose of obtaining a Fresnel lens on a liquid crystal device as conventionally known in the art and providing a voltage difference and as taught by Murata (Parag. [0222]), while Stephen suggests applying a voltage difference between the two electrical contacts (Stephen: Para. [0043]).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm.
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/JONATHAN Y JUNG/Primary Examiner, Art Unit 2871