Prosecution Insights
Last updated: April 19, 2026
Application No. 18/164,092

MIRROR-ENHANCED MEMS-BASED SPATIAL LIGHT MODULATOR

Non-Final OA §103
Filed
Feb 03, 2023
Examiner
EDENFIELD, KUEI-JEN L
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Silicon Light Machines Corporation
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
3y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
107 granted / 140 resolved
+8.4% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
50 currently pending
Career history
190
Total Applications
across all art units

Statute-Specific Performance

§103
56.4%
+16.4% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 140 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to a reply filed 12/2/2025. Notice of Pre-AIA or AIA Status 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. 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Holmes (US20050018259) in view of Payne et al. (US20180299664) and Klienman et al. (US20180052276). Regarding claim 1, Holmes teaches a method of steering light using a microelectromechanical systems (MEMS)-based spatial light modulator (SLM)(Holmes, figs.1-35 ,paragraph [0014], the invention, there is provided a method of operating an optical device comprising an SLM having a two-dimensional array of controllable phase-modulating elements; paragraph [0245] The output angle for beam steering using an SLM and periodic linear phase modulation), the method comprising: receiving the light (Holmes fig.11, beam 1) into the MEMS-based SLM (Holmes, fig.11, SLM 100), the light being incident on a reflective surface of a modulation element of a phased-array of the MEMS-based SLM (Holmes, paragraph [0052], the SLM 100 having a two-dimensional array of controllable phase-modulating elements, selectively reflecting light); electrostatically actuating the modulation element (Holmes, paragraph [0062], the invention there is provided an optoelectronic device comprising an integrated multiple phase spatial light modulator, SLM) to deflect the reflective surface vertically (see Holmes, fig.11, the beam 1 is deflect the reflective surface vertically) and reflect the light toward a mirror (Holmes, fig.11, a mirror has been referred as SLM 101; paragraph [0158] Referring to FIG. 1, an integrated SLM 200,.. The pixel electrode array 230, as be described acts as a mirror ,;paragraph [0092], To provide a desired phase modulation...,the parameters of the mirror are transformed so that when applied to an SLM the same effect is achieved). Holmes does not explicitly teaches wherein the reflective surface being suspended over a gap. However, Payne teaches the analogous spatial light modulators (Payne, abstract, a capacitive micro-electromechanical system (MEMS) structure or device and methods of making and operating the same are described; paragraph [0022] The present invention relates generally to spatial light modulators, SLMs, and more particularly to SLMs and methods for operating the same in phased-array applications...), and further teaches wherein the reflective surface (Payne, fig.1B, reflective surface 106 ) being suspended over a gap (fig.1B, paragraph [0026], a gap or cavity 112). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Holmes with the specific structure as taught by Payne for the purpose be provided having a large stroke while maintaining good damping, thereby enabling fast beam steering and large scan angles (Payne, paragraph [0007]). Combination Holmes-Payne does not explicitly teaches wherein reflecting the light off the mirror and back toward the modulation element; and reflecting, off the modulation element, the light reflected off the mirror out of the MEMS-based SLM. However, Klienman teaches the analogous SLM (Klienman, figs.93A-93B , paragraph [0708]-[711], s-polarization light from the spatial light modulator, SLM 9230) and further teaches wherein reflecting the light off the mirror ((see annotated image, Klienman,fig.93A, 1. reflecting the light off the mirror ) and back toward the modulation element (see annotated image, Klienman,fig.93A, 2. back toward the modulation element 9220+9222, paragraph [0705] light passes through an interface 9222, e.g., a polarizing interface of the PBS 9220); and reflecting, off the modulation element (see annotated image, fig.93A, 3. reflecting, off the modulation element), the light reflected off the mirror out of the MEMS-based SLM (see annotated image, Klienman,fig.93B, 4. light reflected off the mirror out of the SLM 9230). Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Combination Holmes-Payne to have the mirror with the specific function as taught by Klienman for the purpose to produce high resolution pattern, so sharp geometric features may be produced, down to 20 nm resolution (Klienman, paragraph [0035]). PNG media_image1.png 724 1430 media_image1.png Greyscale PNG media_image2.png 676 1330 media_image2.png Greyscale Regarding claim 2, Combination Holmes-Payne-Klienman discloses the invention as described in Claim 1 and Holmes further teaches wherein electrostatically actuating the modulation element to deflect the reflective surface vertically and reflect the light toward the mirror (Holmes, described in claim 1); comprises: applying a voltage between an electrode (Holmes, paragraph [0161] voltages are applied between respective pixel electrodes 230) that is coupled to the reflective surface (Holmes, fig.11, the reflective surface ) and a base electrode that is on or in a substrate of the phased-array ( Holmes, paragraph [0158], pixel electrode array 230) Regarding claim 3, Combination Holmes-Payne-Klienman discloses the invention as described in Claim 1 and Payne further teaches wherein the MEMS-based SLM is a ribbon-type SLM or a planar-type SLM (Payne, paragraph [0007], microelectromechanical system, MEMS, device, such as a ribbon-type spatial light modulator is provided). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Combination Holmes-Klienman with the specific structure as taught by Payne for the purpose be provided having a large stroke while maintaining good damping, thereby enabling fast beam steering and large scan angles (Payne, paragraph [0007]). Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Holmes (US20050018259) in view of Payne et al. (US20180299664) and Klienman et al. (US20180052276), and further in view of Cohen (US20110234951). Regarding claim 4, Combination Holmes-Payne-Klienman discloses the invention as described in Claim 1, Holmes does not explicitly teaches wherein passing the light through a dispersive element that is disposed between the mirror and the phased-array. However, Cohen teaches the analogous spatial light modulator (Cohen, paragraph [0016], The beam steering elements can be any miniature element which is capable of deviating the path of the beam impinging thereon. According to one preferred embodiment, an array of Micro-Electro-Mechanical System (MEMS) components, such as micro-mirrors, are used to generate the steering. The angle of deviation of such MEMS elements can be controlled electronically to provide the desired beam steered angle.; paragraph [0018] the beam steering can be generated by use of a liquid crystal-on-silicon ,LCOS, spatial light modulator acting as a phased array), and further teaches wherein passing the light through a dispersive element (see Cohen, fig.4A, having the light through a dispersive element 44, paragraph [0068] the grating 44 for wavelength dispersion) that is disposed between the mirror (Cohen, fig.4A, prism pair 43, paragraph [0068] prism pair 43) and the phased-array (Cohen, fig.4A, paragraph [0068] the pixilated liquid crystal (LC) array 47). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Combination Holmes-Payne-Klienman with the specific function as taught by Cohen for the purpose to provide a new fiber-optical, multi-way, wavelength selective switch structure, such as is used for channel routing and/or blocking applications in optical communication and information transmission systems. Add and drop functionality, from and to a number of ports, can also be implemented in this switch structure. The switch uses a minimum of components, and can thus be economically constructed for large scale use in such systems. The switch structure can also be used as a wavelength selective variable optical attenuator for any of the transfer routes therethrough (Cohen, paragraph [0010]). Regarding claim 5, Combination Holmes-Payne-Klienman-Cohen discloses the invention as described in Claim 4 and Cohen further teaches wherein further comprising: steering the light through the dispersive element by tuning a wavelength of the light (Cohen, paragraph [0068] the beam steering device 48, shown in FIG. 4A as a reflective element, operative to reflect each switched and steered beam back down the router; paragraph [0006] a number of wavelength dependent switches and router). The motivation to combine Holmes, Payne and Klienman as provided in claim 5 is incorporated herein. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Holmes (US20050018259) in view of Payne et al. (US20180299664), Klienman et al. (US20180052276) and Cohen (US20110234951), further in view of Sun et al. (CN102226848, English translation attached). Regarding claim 6, Combination Holmes-Payne-Klienman-Cohen discloses the invention as described in Claim 5, Cohen does not explicitly teaches wherein the dispersive element is a prism. However, Sun teaches the analogous spatial light modulator (Sun, paragraph [0005], spatial light modulator, SLM. The SLM is an array-type beam controller that can independently control beams of each wavelength. .), and further teaches wherein wherein the dispersive element is a prism (Sun, paragraph [0009], a dispersion element, a set of wedge-shaped prisms). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Combination Holmes-Payne-Klienman-Cohen with the specific structure as taught by Sun for the purpose be compared with liquid crystal and planar optical path technologies, wavelength selective switches usually adopt a free-space optical path structure. After selecting the SLM and dispersion elements, this optical path structure can be flexibly optimized to reduce the difficulty of debugging and packaging, and improve the performance indicators and reliability of the device (Sun, paragraph [0008]). Response to argument Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references or portions of the reference being used in the current rejections. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000. /KUEI-JEN L EDENFIELD/ Examiner, Art Unit 2872 /THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Feb 03, 2023
Application Filed
Oct 06, 2025
Non-Final Rejection — §103
Nov 19, 2025
Interview Requested
Dec 02, 2025
Examiner Interview Summary
Dec 02, 2025
Applicant Interview (Telephonic)
Dec 02, 2025
Response Filed
Jan 09, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
92%
With Interview (+15.5%)
3y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 140 resolved cases by this examiner. Grant probability derived from career allow rate.

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