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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/09/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1
Step 1: Statutory class – process.
Step 2A Prong One: Does the claim recite an abstract idea, law of nature or natural phenomenon?
Yes
“3) Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion) (see MPEP § 2106.04(a)(2), subsection III).” MPEP § 2106.04(a).
The claims are directed to an abstract idea of data processing and analysis. The claim recites:
determining a light angle offset of each columnar structure based on the focal length and the projection mode;
determining a phase distribution of the each columnar structure based on the light angle offset of the each columnar structure respectively; and
determining a size of the each columnar structure based on the phase distribution of the each columnar structure.
The determining limitations are limitations of mental processes of evaluation, judgement and mathematical calculations. By way of example, one can mentally evaluate the light angle offset and calculate the phase distribution. Based on those evaluations, one can calculate the required column size.
Step 2A Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
The additional elements are:
obtaining a focal length and a projection mode of a fisheye lens to be designed;
obtaining is mere data gathering. See MPEP 2106.05(g).
Step 2B: Does the claim recite additional elements that amount to significantly more than judicial exception?
No, as discussed with respect to Step 2A, the additional limitations is mere data gathering. They do not impose any meaningful limits on practicing the abstract idea and therefore the claim does not provide an inventive concept in Step 2B. Further, in regards to step 2B and as cited above in step 2A, MPEP 2106.05(g) “Obtaining information about transactions using the Internet to verify credit card transactions, CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir.2011)” is merely data gathering. The additional elements have been considered both individually and as an ordered combination in the significantly more consideration. This claim is ineligible.
Claim 2 recites determining wave vectors corresponding to the each columnar structure based on the focal length, the projection mode and a position of the each columnar structure on the meta-lens; and
determining the light angle offset of the each columnar structure based on the wave vectors corresponding to the each columnar structure, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claim 3 recites t the wave vectors corresponding to the first columnar structure comprise: a first wave vector, a second wave vector, a third wave vector and a fourth wave vector; wherein the first wave vector is a wave vector of the light prior to passing through the first surface from the first columnar structure; the second wave vector is a wave vector of the light after passing through the first surface from the first columnar structure; the third wave vector is a wave vector of the light prior to passing through the second surface from the first columnar structure; and the fourth wave vector is a wave vector of the light after passing through the second surface from the first columnar structure, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claim 4 recites the first wave vector is represented as:
kv1=k0 sin θ;
or, the second wave vector is represented as:
kv2=nk0 sin θ2;
or, the third wave vector is represented as:
ku1=nk0 sin θ10;
or, the fourth wave vector is represented as:
ku2=k0 sin θ1;
wherein k0 is a wave vector in vacuum, k0=2λ l λ, n is a refractive index of the meta-lens, θ is an incident angle of the first parallel light and the second parallel light, θ10 is an exit angle of the first parallel light passing through the first surface from the first columnar structure, θ2 is an exit angle of the second parallel light passing through the first surface from the first columnar structure, and θ1 is an exit angle of the first parallel light passing through the second surface, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claim 5 recites determining a light angle offset of the first columnar structure based on the wave vectors corresponding to the first columnar structure comprises: determining a light angle offset of the first columnar structure on the first surface based on the first wave vector and the second wave vector; and determining a light angle offset of the first columnar structure on the second surface based on the third wave vector and the fourth wave vector, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claim 6 recites determining a phase distribution of the first columnar structure based on the light angle offset of the first columnar structure comprises: determining a first phase variation of the first columnar structure on the first surface based on the light angle offset of the first columnar structure on the first surface; determining a second phase variation of the first columnar structure on the second surface based on the light angle offset of the first columnar structure on the second surface; and determining the phase distribution based on the first phase variation and the second phase variation, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claims 7-8 recite limitations similar to claims 5-6 respectively and are rejected under the same rationale.
Claim 9 recites determining the size of the each columnar structure based on the phase distribution of the each columnar structure comprises: determining a phase value of the each columnar structure based on the phase distribution of the each columnar structure; and determining the size of the each columnar structure based on the phase value of the each columnar structure and preset corresponding relationship, wherein the preset corresponding relationship comprises a plurality of phase values and a size corresponding to each phase value, which is a mental/mathematical process under Step 2A Prong One. Therefore, the claim is considered ineligible under 35 USC 101.
Claims 10-12 recite limitations similar to claim 9 and are rejected under the same rationale.
Claim 13 is an apparatus claim reciting limitations similar to claim 1 and is rejected under the same rationale.
Claim 14 recites An apparatus for determining parameters of a fisheye lens, wherein comprising: at least a processor and a memory (statutory category – machine)
the memory is configured to store a computer program instruction;
the at least one processor is configured to execute the computer program instruction stored in the memory so as to allow the at least one processor to execute the method for determining the parameters of the fisheye lens according to claim 1, which is mere instructions to apply an exception on a generic computer under Step 2A Prong Two and 2B. MPEP § 2106.05(f).
Claims 15-17 are apparatus claims reciting limitations similar to claims 2-4 respectively and are rejected under the same rationale.
Claim 18 recites a non-transitory computer-readable storage medium, wherein a computer program instruction is stored in the computer-readable storage medium (statutory category – machine)
the method for determining the parameters of the fisheye lens according to claim 1 is realized when a processor executes the computer program instruction, which is mere instructions to apply an exception on a generic computer under Step 2A Prong Two and 2B. MPEP § 2106.05(f).
Claims 19-20 are medium claims reciting limitations similar to claims 2-3 respectively and are rejected under the same rationale.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Arbabi et al. (US20160299337A1) in view of Yu et al. (Light Propagation with Phase Discontinuities: Generalized Laws of Reflection and Refraction) and further in view of Khorasaninejad (Polarization-Insensitive Metalenses at Visible Wavelengths)
Regarding claim 1, Arbabi teaches a method for determining parameters of a fisheye lens, wherein the fisheye lens comprises a meta-lens, the meta-lens comprises a first surface and a second surface, and the first surface and the second surface are each provided with a plurality of columnar structures, the method comprises: ([0008] "According to an aspect of an exemplary embodiment, a focusing device includes a substrate; a first thin lens provided at a first surface of the substrate and comprising a plurality of first scatterers; and a second thin lens provided at a second surface of the substrate and comprising a plurality of second scatterers. The first scatterers of the first thin lens are configured to correct geometric aberration (field curvature, coma aberration, astigmatism, etc.) of the second thin lens" and [0079] "Referring to FIGS. 7A to 7C, the individual scatterers of the plurality of first and the individual scatterers of the plurality of second scatterers 122 and 132 in the first and second thin lenses 120 and 130 may have a pillar structure. Such pillar structure may have any one of circular, oval, rectangular, and square cross-sections. FIG. 7A shows a scatterer shaped as a pillar with a circular cross-section. FIG. 7B shows a scatterer shaped as a pillar with an oval cross-section. FIG. 7C shows a scatterer shaped as a pillar with a quadrilateral cross-section. The pillar structure may be inclined at an angle in a height direction").
obtaining a focal length and a projection mode of a fisheye lens to be designed ([0099] "In Equation 1, ‘h’ is the distance between the location of the focusing point and the optical axis of the focusing device 100, ‘f’ is an effective focal length of the focusing device 100, and ‘θ’ is an incident angle of light." and [0103] "In FIG. 14, a solid line indicates the focusing device 100 forming a distortion free image, and a dashed line indicates the focusing device 100 provided as an orthographic fisheye lens" Arbabi teaches two mode, distortion free, and orthographic).
However, Arbabi doesn’t appear to explicitly teach:
determining a light angle offset of each columnar structure based on the focal length and the projection mode
determining a phase distribution of the each columnar structure based on the light angle offset of the each columnar structure respectively
determining a size of the each columnar structure based on the phase distribution of the each columnar structure
Yu teaches determining a light angle offset of each columnar structure based on the focal length and the projection mode (Fig. 1 and Pg. 1, Generalized laws of reflection and refraction, “Equation 2 implies that the refracted beam can have an arbitrary direction, provided that a suit-able constant gradient of phase discontinuity along the interface (dF/dx) is introduced. Because of the nonzero phase gradient in this modified Snell’s law, the two angles of incidence Tqi lead to different values for the angle of refraction.” Yu defines the light angle offset in eq. 2.
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determining a phase distribution of the each columnar structure based on the light angle offset of the each columnar structure respectively (Pg. 1, “In the above derivation, we have assumed that F is a continuous function of the position along the interface; thus, all the incident energy is transferred into the anomalous reflection and refraction. However, because experimentally we use an array of optically thin resonators with subwave length separation to achieve the phase change along the interface, this discreteness implies that there are also regularly reflected and refracted beams, which follow conventional laws of reflection and refraction (dF/dx = 0 in Eqs. 2 and 4). The separation between the resonators controls the amount of energy in the anomalously reflected and refracted beams”).
Arbabi and Yu are analogous art because they are from the same field of endeavor in meta-lens specification and manufacturing. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art, to combine Arbabi and Yu to incorporate the generalized Snell law that generalizes the physics of lenses to include meta lenses. “Conventional optical components rely on gradual phase shifts accumulated during light propagation to shape light beams. New degrees of freedom are attained by introducing abrupt phase changes over the scale of the wavelength. A two-dimensional array of optical resonators with spatially varying phase response and subwavelength separation can imprint such phase discontinuities on propagating light as it traverses the interface between two media.” (Yu, Abstract).
However, Arbabi and Yu don’t appear to explicitly teach:
determining a size of the each columnar structure based on the phase distribution of the each columnar structure
Khorasaninejad determining a size of the each columnar structure based on the phase distribution of the each columnar structure (Pg. 2, "Design of Metalenses. The building blocks of a metalens are TiO2 nanopillars on a glass substrate (Figure 1a). The metalens focuses collimated incident light into a spot in transmission mode. To accomplish this, each nanopillar at position (x, y) must impart the required phase given by eq1. where λd is the design wavelength and f is the focal length. The required phase profile φt (x, y) is realized by adjusting the nanopillar diameter ").
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Arbabi, Yu and Khorasaninejad are analogous art because they are from the same field of endeavor in meta-lens specification and manufacturing. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art, to combine Arbabi, Yu and Khorasaninejad to incorporate the formal equations for determining the diameter/size of the columns. “Design of Metalenses. The building blocks of a metalens are TiO2 nanopillars on a glass substrate (Figure 1a). The metalens focuses collimated incident light into a spot in transmission mode. To accomplish this, each nanopillar at position (x, y) must impart the required phase given by eq(5) where λd is the design wavelength and f is the focal length. The required phase profile φt (x, y) is realized by adjusting the nanopillar diameter.” (Khorasaninejad, Pg. 1).
Regarding claim 2, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 1. Arbabi further teaches wherein determining the light angle offset of the each columnar structure based on the focal length and the projection mode comprises:
determining wave vectors corresponding to the each columnar structure based on the focal length, the projection mode and a position of the each columnar structure on the meta-lens ([0098-0101] “or example, when the focusing device 100 is designed such that image distortion is not created, the distance h between the location of the focusing point and the optical axis of the focusing device 100 may satisfy Equation 1.
h=f*tan θ [Equation 1]
In Equation 1, ‘h’ is the distance between the location of the focusing point and the optical axis of the focusing device 100, ‘f’ is an effective focal length of the focusing device 100, and ‘θ’ is an incident angle of light” ‘h’ is the position of the specific pillar being calculated at. [0099] describes the ray angle/wave vectors for distortion free mode, [0100-0101] describe the orthographic fisheye mode).
Yu teaches determining the light angle offset of the each columnar structure based on the wave vectors corresponding to the each columnar structure (Pg. 1, Eq. 2 defines the change of angle (offset) as a function of the wave vector K. K is represented in terms of lambda in the equation as described: “kₒ = 2π/ λₒ, where lo is the vacuum wave-length”
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Regarding claim 3, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 2. Yu further teaches wherein for a first columnar structure in the plurality of columnar structures, the wave vectors corresponding to the first columnar structure comprise: a first wave vector, a second wave vector, a third wave vector and a fourth wave vector; wherein
the first wave vector is a wave vector of the light prior to passing through the first surface from the first columnar structure;
the second wave vector is a wave vector of the light after passing through the first surface from the first columnar structure;
the third wave vector is a wave vector of the light prior to passing through the second surface from the first columnar structure; and
the fourth wave vector is a wave vector of the light after passing through the second surface from the first columnar structure (Yu formalizes the wave vector for each surface and its successive surface through the equation
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. Yu Fig. 2, Arbabi Fig. 5, and Khorasaninejad Fig 1 and Fig 2 teach successive layers, each with its own respective wave function).
Regarding claim 4, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 3. Yu further teaches wherein
the first wave vector is represented as:
kv1=k0 sin θ;
or, the second wave vector is represented as:
kv2=nk0 sin θ2;
or, the third wave vector is represented as:
ku1=nk0 sin θ10;
or, the fourth wave vector is represented as:
ku2=k0 sin θ1;
wherein k0 is a wave vector in vacuum, k0=2 π l λ, n is a refractive index of the meta-lens, θ is an incident angle of the first parallel light and the second parallel light, θ10 is an exit angle of the first parallel light passing through the first surface from the first columnar structure, θ2 is an exit angle of the second parallel light passing through the first surface from the first columnar structure, and θ1 is an exit angle of the first parallel light passing through the second surface (Pg. 1, eq. 1, “Consider an incident plane wave at an angle θ i where θ t is the angle of refraction … kₒ = 2π/ λₒ, where λₒ is the vacuum wave-length” Fig. 1 shows the entry and exit angles for θ.
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Eq. 1 uses the same definition for the wave vector. Arbabi Fig. 5 shows the multiplicity of rays. Each ray would be assigned a different subscript).
Regarding claim 5, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 3. Arbabi further teaches wherein for the first columnar structure in the plurality of columnar structures, determining a light angle offset of the first columnar structure based on the wave vectors corresponding to the first columnar structure comprises:
determining a light angle offset of the first columnar structure on the first surface based on the first wave vector and the second wave vector; and
determining a light angle offset of the first columnar structure on the second surface based on the third wave vector and the fourth wave vector (Please see fig. 5 below annotated with the different wave vectors. Also, [0073] “The first thin lens 120 may include the plurality of first scatterers 122 that are arranged on the first surface S1 of the substrate 110. Also, the second thin lens 130 may include the plurality of second scatterers 132 that are arranged on the second surface S2 of the substrate 110. Unlike optical lenses of the related art, the first and second thin lenses 120 and 130 may change a path of light by using the plurality of first and the plurality of second scatterers 122 and 132. The plurality of first and the plurality of second scatterers 122 and 132 may capture light incident near one another and resonate light inside the plurality of first and the plurality of second scatterers 122 and 132. The plurality of first and the plurality of second scatterers 122 and 132 may adjust transmission and reflection properties of the light incident on the plurality of first and the plurality of second scatterers 122 and 132. For example, the plurality of first and the plurality of second scatterers 122 and 132 may modulate at least one of an amplitude, phase, and polarization of transmitted light according to structures and included materials of the plurality of first and the plurality of second scatterers 122 and 132. The plurality of first and the plurality of second scatterers 122 and 132 may be arranged such that distribution of at least one of an amplitude, phase, and polarization of the transmitted light is modulated and thus a wavefront of the transmitted light changes with respect to a wavefront of the incident light. Therefore, the plurality of first and the plurality of second scatterers 122 and 132 may change a proceeding direction of the transmitted light with respect to that of the incident light” Arbabi in fig. 5 shows the two lenses. Yu provides the explicit equations for calculating the offset ).
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Regarding claim 6, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 5. Arbabi further teaches wherein for the first columnar structure in the plurality of columnar structures, determining a phase distribution of the first columnar structure based on the light angle offset of the first columnar structure comprises:
determining a first phase variation of the first columnar structure on the first surface based on the light angle offset of the first columnar structure on the first surface ([0085-0086] “FIG. 8B is a diagram of a phase profile of the first thin lens 120. Referring to FIG. 8B, a phase shift of light incident on the first thin lens 120 may decrease from a peripheral area of the first thin lens 120 to a middle area of the first thin lens 120 and then increase again from the middle area of the first thin lens 120 to a central area of the first thin lens 120).
determining a second phase variation of the first columnar structure on the second surface based on the light angle offset of the first columnar structure on the second surface ([0082-0083] “FIG. 8A is a phase profile of the second thin lens 130. Referring to FIG. 8A, a phase shift of light incident on the second thin lens 130 may decrease from a central area of the second thin lens 130 to a peripheral area of the second thin lens 130”).
determining the phase distribution based on the first phase variation and the second phase variation ([0088] “Referring to FIG. 9, light may be incident on the focusing device 100 in a direction that is not parallel to the optical axis (z-axis) of the focusing device 100. A path of light incident on the first thin lens 120 may be changed by the plurality of first scatterers 122. After the path is changed by the plurality of first scatterers 122, the light may pass through the substrate 110, and the path of the light may be changed again by the plurality of second scatterers 132. The first and second thin lenses 120 and 130 may correct coma aberration of one another. Also, the first and second thin lenses 120 and 130 may allow the light to form a focusing point on the focal plane S0 regardless of angles at which light is incident on the first surface S1 of the substrate 110”).
Claims 7-8 recite limitations similar to claims 5-6 respectively and are rejected under the same rationale.
Regarding claim 9, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 1. Khorasaninejad teaches wherein determining the size of the each columnar structure based on the phase distribution of the each columnar structure comprises:
determining a phase value of the each columnar structure based on the phase distribution of the each columnar structure (Pg. 2, “To gain a better insight into the phase realization mechanism, we calculated the phase imparted solely by the waveguiding effect. This phase is given by eq(2) … By varying the diameters of nanopillars as a function of their position (xi ,yi ) the effective index of the propagating mode is changed to achieve the desired phase profile (eq 1). To build the metalens, we discretized its required phase mask φt (xi ,yi ) assuming square lattice unit cells of dimensions U × U. At each position (xi ,yi ) an appropriate diameter, which minimizes | Tmeiφt(xi,yi) − T(D)eiφ(D) | is chosen, where Tm is the transmission averaged over all the diameters” and Fig. 1e).
determining the size of the each columnar structure based on the phase value of the each columnar structure and preset corresponding relationship (Pg. 2, “By varying the diameters of nanopillars as a function of their position (xi ,yi ) the effective index of the propagating mode is changed to achieve the desired phase profile (eq 1). To build the metalens, we discretized its required phase mask φt (xi ,yi ) assuming square lattice unit cells of dimensions U × U. At each position (xi ,yi ) an appropriate diameter, which minimizes | Tmeiφt(xi,yi) − T(D)eiφ(D) | is chosen, where Tm is the transmission averaged over all the diameters”).
wherein the preset corresponding relationship comprises a plurality of phase values and a size corresponding to each phase value (Fig. 1e shows the direct relationship between the phase and the diameters. Additionally, Pg. 2-3, “Figure 1f shows the complex transmission coefficients (T(D)eiφ(D) ) at the three design wavelengths for a range of diameters required to give 2π phase coverage. Each point in the complex plane represents the amplitude and phase of the transmission of a nanopillar with diameter D, for a given unit cell size and nanopillar height at the corresponding design wavelength. High transmission (with small modulation over the range of used diameters) and close to 2π phase coverage is evident for all three design wavelengths”).
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Claims 10-12 recite limitations similar to claim 9 and are rejected under the same rationale.
Claim 13 is an apparatus claim that recites limitations similar to claim 1 and is rejected under the same rationale.
Regarding claim 14, Arbabi in view of Yu and further in view of Khorasaninejad teaches the method according to claim 1. Arbabi further teaches An apparatus for determining parameters of a fisheye lens, wherein comprising: at least a processor and a memory; the memory is configured to store a computer program instruction; the at least one processor is configured to execute the computer program instruction stored in the memory so as to allow the at least one processor to execute the method for determining the parameters of the fisheye lens according to claim 1. ([0057] “In addition, the terms such as “unit,” “-er (-or),” and “module” described in the specification refer to an element for performing at least one function or operation, and may be implemented in hardware, software, or the combination of hardware and software”).
Claims 15-17 are apparatus claims reciting limitations similar to claims 2-4 respectively and are rejected under the same rationale.
Claims 18-20 are medium claims reciting limitations similar to claims 14, and 2-3 respectively and are rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arbabi 2016 et al. (Miniature optical planar camera based on a wide-angle metasurface doublet corrected for monochromatic aberrations): Discloses the same invention in the Arbabi patent publication but provides more of the mathematical background.
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/A.E.D./Examiner, Art Unit 2187
/JOHN E JOHANSEN/Examiner, Art Unit 2187