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 .
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.
Election/Restrictions
Claims 4-6, and 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on January 22, 2026.
Applicant's election with traverse of Species C corresponding to Figure 2d in the reply filed on January 22, 2026 is acknowledged. The traversal is on the ground(s) that the claims do not require mutually exclusive species. This is not found persuasive because the species recite mutually exclusive characteristics of each species, such as the configuration of layers in the device. In this instance, claims 4-7 and 10-20 require a dynamic transmission layer that corresponds to the structures of Fig. 4a-c and not to that of Fig. 2d.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US 2019/0049235 A1).
In regard to claim 1, Han et al. discloses a diffractive optical pattern generator, comprising (see e.g. Figures 1-4):
a diffractive optical element (DOE) layer dl (denoted “deflecting layer”, see e.g. paragraph [0045]); and
a nanostructure layer ml (denoted “meta-pattern layer”, see e.g. paragraph [0045]) configured for beam steering an input light (i.e. from light source ls, see e.g. paragraph [0045]) applied to the diffractive optical pattern generator to at least one of a predetermined polar beam-steering angle that is measured in a plane that is substantially normal to a direction of the input light and a predetermined azimuth beam-steering angle measured with respect to the direction of the input light (see e.g. Figure 1a and paragraphs [0047]-[0049] and note SF is a spatial frequency domain for the light deflected by the layer structure).
In regard to claim 2, Han et al. discloses the limitations as applied to claim 1 above, and
wherein the nanostructure layer ml comprises pillar-shaped nanostructures ns1 (denoted “nano-posts, see e.g. paragraph [0050]) formed on a surface of a substrate layer SUB (see e.g. paragraph [0052]), holes formed in the substrate layer, or a combination thereof (see e.g. Figure 4 and note the nanostructure layer comprises pillar-shaped nanostructures).
In regard to claim 3, Han et al. discloses the limitations as applied to claim 2 above, and
the nanostructure layer ml comprises nanostructures ns1 having a predetermined periodicity ranging from 0.75 λ to 3λ of a target wavelength λ (see e.g. paragraph [0050] where a defining shape of nanostructures ns1 are in a sub-wavelength condition, where the width, height, or pitch is smaller than the operating wavelength, which would result in a periodicity that falls within applicant’s claimed range).
In regard to claim 7, Han et al. discloses the limitations as applied to claim 1 above, and wherein the nanostructure layer ml is configured to beam steer light input to the DOE layer or beam steer light output from the DOE layer dl (see e.g. Figures 1-4).
In regard to claim 8, Han et al. discloses the limitations as applied to claim 1 above, and
wherein the DOE layer dl generates a nxn diffraction pattern in which n comprises an integer greater than 0 (see e.g. Figure 11 and note that dl layer may be divided into a nxn layer producing and nxn diffraction pattern corresponding to the light pattern with spatial frequency domain SF), and
wherein the nanostructure layer ml comprises a nxn arrangement of cell regions (see e.g. Figure 11 and note that dl layer may be divided into a nxn layer corresponding to the light pattern with spatial frequency domain SF), each cell region comprising at least one of a corresponding polar beam-steering angle and a corresponding azimuth beam-steering angle (see e.g. Figure 11 for the spatial frequency domain where individual domains correspond to polar and azimuthal angles).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2019/0049235 A1).
In regard to claim 9, Han et al. discloses the limitations as applied to claim 8 above, and
wherein n = 3, and wherein the 3x3 arrangement of cell regions comprise a center cell region, four corner cell regions, and four edge cell regions, each edge cell region being located between a corner edge region (see e.g. Figure 11 and note the arrangement of cell regions correspond to the illustrated regions in SF).
Han et al. fails to explicitly disclose
each edge cell region comprising an azimuth beam-steering angle equal to one c = 1/3 (field of view of the DOE layer), and each corner cell region comprising an azimuth beam- steering angle equal to √2 c.
However, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize using each edge cell region comprising an azimuth beam-steering angle equal to one c = 1/3 (field of view of the DOE layer), and each corner cell region comprising an azimuth beam- steering angle equal to √2 c, since it has been held that where the general condition of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art (see e.g. MPEP 2144.05).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Han et al. with each edge cell region comprising an azimuth beam-steering angle equal to one c = 1/3 (field of view of the DOE layer), and each corner cell region comprising an azimuth beam- steering angle equal to √2 c.
Selecting the distribution of the cells and thus the angle would result in a predictable distribution of light that may be selected for the particular application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM.
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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871
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