DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) filed on 01/04/2024 is/are in compliance with the provisions of 37 CFR 1.97 and is/are being considered by the Examiner.
Restriction/Election Requirement
In response to the claims filed 08/25/2023, the Office issued a Restriction/Election Requirement on 11/12/2025. The Office required restriction between the invention of Group I (Claims 1-26) and the invention of Group II (Claims 27-30). The Office further required election between patentably distinct Species I-IV (see details in pgs. 3-5 of Restriction on 11/12/2025)
Applicant’s election of Group I in the reply filed on 01/08/2026 is acknowledged. Applicant’s election of Species I in the reply filed on 02/06/2026 is also acknowledged.
Accordingly, Claims 1-4, 9-16 and 21-26 will be examined herein on the merits. Claims 5-8, 17-20 and 27-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election of Group I and Species I was made without traverse in the replies filed on 01/08/2026 and 02/06/2026.
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, 10, 13, 15 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Melville et al. (US 2021/0191108 A1).
Regarding Claim 1, Melville discloses: An optical scanning device (¶0085: optical scanner; FIGS. 2,4, 14-15), comprising:
a substrate (1402) comprising: two disposing portions (1412), wherein the two disposing portions comprise two free ends and two fixed ends, and one of the two free ends is opposite to one of the two fixed ends, the two free ends are near to each other, and the two fixed ends are near to each other (¶0107, 0109: silicon layer 1412 can provide a mounting surface to which one or more actuation structures can be affixed; see FIGS. 14A-B showing free ends and fixed ends of 1412); and
a connecting portion (1406) connected to the two fixed ends of the two disposing portions (¶0107: monocrystalline silicon layer 1406 can be bonded to silicon layer 1412);
two actuating members (1414-1 & 1414-2) disposed side by side on the two disposing portions, respectively (¶0107: silicon layer 1412 can provide a mounting surface to which one or more actuation structures can be affixed…Each of actuators 1414-1 and 1414-2 can extend between a notch defined by monocrystalline layer 1406);
a connecting member (1416) connected to the two disposing portions and disposed between the two actuating members (¶0107: A length of lateral protrusions 1416 [connecting member] helps to define how much movement is induced by piezoelectric actuators); and
a waveguide (1408) disposed between the two actuating members and penetrated through the connecting member, wherein a terminal of the waveguide is connected to the connecting portion and near to the two fixed ends of the two disposing portions, and another terminal of the waveguide is near to the two free ends of the two disposing portions (see FIG. 14A showing a waveguide 1408 disposed between the two actuating members 1414 and penetrated through the connecting member 1416, wherein a terminal of the waveguide is connected to the connecting portion 1406 and near to the two fixed ends of the two disposing portions 1412, and another terminal of the waveguide (1410) is near to the two free ends of the two disposing portions 1412; ¶0106: light can be received by waveguide 1408 from a fiber optic cable engaging notch 1410 defined by base region 1402);
wherein the two actuating members are actuated in a same dimension either in phase or out of phase simultaneously to drive the waveguide to vibrate in two dimensions to generate a scan pattern (¶0106: Cantilevered beam 1404 with waveguide 1408 can be referred to as a cantilevered optical member; ¶0100: the X′, Y′ and phase difference between the X′ direction oscillation and Y′ direction oscillation of the scanning optical fiber; ¶0123: each of actuators can be actuated in the same or different directions to impart different forces upon cantilevered beam; ¶0106-08: piezoelectric actuators 1414-1 and 1414-2 induce lateral movement of cantilevered beam 1404 [with waveguide] while periodically actuating piezoelectric actuator 1414-3 can generate vertical movement of cantilevered beam 1404. In this way, the actuators can generate a two-dimensional scan pattern).
Regarding Claim 3, Melville discloses the optical scanning device according to Claim 1, as above. Melville further discloses: wherein when a driving signal is applied to each of the two actuating members, the waveguide is driven to vibrate in one of the two dimensions (¶0100: the X′, Y′ and phase difference between the X′ direction oscillation and Y′ direction oscillation of the scanning optical fiber; ¶0123: each of actuators can be actuated in the same or different directions to impart different forces upon cantilevered beam; ¶0107-08: piezoelectric actuators 1414-1 and 1414-2 induce lateral movement [one of two dimensions] of cantilevered beam 1404, while periodically actuating piezoelectric actuator 1414-3 can generate vertical movement of cantilevered beam 1404. In this way, the actuators can generate a two-dimensional scan pattern).
Regarding Claim 10, Melville discloses the optical scanning device according to Claim 1, as above. Melville further discloses: A micro display comprising: the optical scanning device; wherein the micro display is one of an eyewear device, an auto diagnostic monitor display, a surgical vital sign monitor display and a fighter pilot head mount display (FIG. 1; ¶0007-8, 0081: eyeglasses of augmented reality system).
Regarding Claim 13, Melville discloses: An optical scanning device (¶0085: optical scanner; FIGS. 2,4, 14-15), comprising:
a substrate (1402) comprising: two disposing portions (1412), wherein the two disposing portions comprise two free ends and two fixed ends, and one of the two free ends is opposite to one of the two fixed ends, the two free ends are near to each other, and the two fixed ends are away from each other (¶0107, 0109: silicon layer 1412 can provide a mounting surface to which one or more actuation structures can be affixed; see FIGS. 14A-B showing free ends and fixed ends of 1412); and
a connecting portion (1406) connected to the two fixed ends of the two disposing portions (¶0107: monocrystalline silicon layer 1406 can be bonded to silicon layer 1412);
two actuating members (1414-1 & 1414-2) facing each other and disposed on the two disposing portions, respectively (¶0107: silicon layer 1412 can provide a mounting surface to which one or more actuation structures can be affixed…Each of actuators 1414-1 and 1414-2 can extend between a notch defined by monocrystalline layer 1406);
a connecting member (1416) connected to the two disposing portions and disposed between the two actuating members (¶0107: A length of lateral protrusions 1416 [connecting member] helps to define how much movement is induced by piezoelectric actuators); and
a waveguide (1408) disposed between the two actuating members and penetrated through the connecting member, wherein a terminal of the waveguide is connected to the connecting portion of the substrate and near to one of the two fixed ends of the two disposing portions, and another terminal of the waveguide is near to another one of the two fixed ends of the two disposing portions (see FIG. 14A showing a waveguide 1408 disposed between the two actuating members 1414 and penetrated through the connecting member 1416, wherein a terminal of the waveguide is connected to the connecting portion 1406 and near to the two fixed ends of the two disposing portions 1412, and another terminal of the waveguide (1410) is near to the two free ends of the two disposing portions 1412; ¶0106: light can be received by waveguide 1408 from a fiber optic cable engaging notch 1410 defined by base region 1402);
wherein the two actuating members are actuated in a same dimension either in phase or out of phase simultaneously to drive the waveguide to vibrate in two dimensions to generate a scan pattern (¶0100: the X′, Y′ and phase difference between the X′ direction oscillation and Y′ direction oscillation of the scanning optical fiber; ¶0123: each of actuators can be actuated in the same or different directions to impart different forces upon cantilevered beam; ¶0107-08: piezoelectric actuators 1414-1 and 1414-2 induce lateral movement of cantilevered beam 1404…actuators can generate a two-dimensional scan pattern).
Regarding Claim 15, Melville discloses the optical scanning device according to Claim 13, as above. Melville further discloses: wherein when a driving signal is applied to each of the two actuating members, the waveguide is driven in one of the two dimensions (see rejection of claim 3 supra).
Regarding Claim 22, Melville discloses the optical scanning device according to Claim 13, as above. Melville further discloses: A micro display, comprising: the optical scanning device; wherein the micro display is one of an eyewear device, an auto diagnostic monitor display, a surgical vital sign monitor display and a fighter pilot head mount display (see rejection of claim 10 supra).
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 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Melville et al. (US 2021/0191108 A1).
Regarding Claim 2, Melville discloses the optical scanning device according to Claim 1, as above. Melville does not appear to explicitly disclose: the substrate is a stainless steel substrate, each of the two actuating members is made of a Lead Zirconate Titanate (PZT) thin film in a bimorph configuration, and the waveguide is a tapered tip optical fiber.
However, it has been held that where the selection of a known material based on its suitability for its intended use is disclosed in the prior art, a prima facie case of obviousness exists. See MPEP § 2144.07, citing In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) and Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988). See also Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), as cited in MPEP § 2144.07. In the present case, Melville teaches a monolithic substrate with electrically conductive traces, actuating members made of PZT thin film in bimorph configuration, and the waveguide being a tapered tip optical fiber (¶0087, 0119: piezoelectric actuators 406 coupled to a monolithic component…supporting structure 1814 can take the form of a silicon substrate that includes electrically conductive traces for carrying signals to piezoelectric actuators 1802; ¶0133: piezoelectric layer 2114-1 can be a PZT (lead zirconate titanate) layer; ¶0023, 0131-33: the cantilevered optical member has a tapered shape with a distal end narrower than a proximal end). Melville further teaches that such an electrically conductive monolithic substrate can carry electrical signals to the actuators (¶0119), such a tapered tip optical fiber provides an advantage of the narrower tip region enabling the cantilevered beam to have a greater deflection at a given frequency over a non-tapered cantilever (¶0131), and such a bimorph configuration for the actuator allows “cantilevered beam 2104 can be made to deflect upward or downward, and to scan in a vertical direction” depending on the voltage applied (¶0133).
Thus, 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 optical scanning device of Melville to satisfy the claimed material property condition(s) of the substrate in addition to the actuating member and the optical fiber features, since a prima facie case of obviousness exists where it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice.
Regarding Claim 14, Melville discloses the optical scanning device according to Claim 13, as above. Melville further discloses: wherein the substrate is a stainless steel substrate, each of the two actuating members is made of a Lead Zirconate Titanate (PZT) thin film in a bimorph configuration, and the waveguide is a tapered optical fiber (see rejection of claim 2 supra).
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Melville et al. (US 2021/0191108 A1) in view of Seibel et al. (US 2009/0028407 A1).
Regarding Claim 4, Melville discloses the optical scanning device according to Claim 3, as above. Melville does not appear to explicitly disclose: wherein when a driving signal is applied to each of the two actuating members, the scan pattern of the waveguide is a line scan pattern when the waveguide is excited and vibrates linearly; and the scan pattern of the waveguide is an ellipse scan pattern when the waveguide is excited and vibrates nonlinearly; wherein a frequency of the driving signal matches a resonant frequency of the waveguide.
Seibel is related to Melville with respect to an optical scanning device comprising two disposing portions with connecting portion, actuating members, and a waveguide disposed therebetween (FIGS. 1-2 & 8; ¶0043-44, 0049, 0051, 0067, 0071, 0084) and Seibel teaches: wherein when a driving signal is applied to each of the two actuating members, the scan pattern of the waveguide is a line scan pattern when the waveguide is excited and vibrates linearly; and the scan pattern of the waveguide is an ellipse scan pattern when the waveguide is excited and vibrates nonlinearly; wherein a frequency of the driving signal matches a resonant frequency of the waveguide (¶0071, 0084: two actuators; ¶0043: optical fiber device 10, which is drivable in a variable linear or elliptical scan mode. The scan mode shown in this figure can be generated by driving an optical cantilever 20, into a resonant condition…a (linear) scan pattern 22 can be generated by applying voltage on one or opposing electrodes…the concurrent application of a second sinusoidal voltage (cosine wave) to the second orthogonal set of electrodes 34, at the same or slightly different resonant frequency, causes the resonating fiber tip to move in an elliptical pattern; ¶0044: the imaging lenses focus and magnify the scanned point source from the scanning fiber tip to the region of interest (ROI) in either the linear (one-dimensional) or elliptical (two-dimensional) patterns).
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 optical scanning device of Melville in view of Seibel to satisfy the claimed condition, because “it would be desirable to change the size of a scanned pattern, as well as its shape, and other characteristics, when providing any of the desired functions using a single scanning optical fiber. For example, a scanning pattern during imaging might image a substantially larger region compared to a relatively smaller portion of that region that should be scanned when delivering therapy, or doing an optical diagnosis”, thereby providing the beneficial result of “generating a desired multidimensional scanning pattern by modulating the amplitude of the resonant motion of the scanned light”, as taught in paragraphs ¶0012 and ¶0020 of Seibel.
Regarding Claim 16, Melville discloses the optical scanning device according to Claim 15, as above. Melville-Seibel further discloses: wherein when a driving signal is applied to each of the two actuating members, the scan pattern of the waveguide is a line scan pattern when the waveguide is excited and vibrates linearly; and the scan pattern of the waveguide is an ellipse scan pattern when the waveguide is excited and vibrates nonlinearly; wherein a frequency of the driving signal matches a resonant frequency of the waveguide (see rejection of claim 4 supra).
Claims 12, 24 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Melville et al. (US 2021/0191108 A1) in view of Lovely (US 2007/0134615 A1).
Regarding Claim 12, Melville discloses the optical scanning device according to Claim 1, as above. Melville further discloses: A micro imaging system (¶0004, 0106-07: small displays…micron dimensions of MEMS scanner), comprising: a light source configured to illuminate a light (¶0082, 0106: sources of light received by waveguide).
Melville does not appear to explicitly disclose: a 2×1 fiber coupler, comprising: two input channels coupled with the light source, and configured to receive the light; the optical scanning device, coupled with the 2×1 fiber coupler, and configured to scan the light, which coupled from one of the two input channels to form the scan pattern on a surface; and a photodetector arranged in parallel with the light source, which connected to the other one of the two input channels, and configured to receive the scan pattern via the optical scanning device.
Lovely is related to Melville with respect to an optical scanning device comprising a light source, actuating member and a waveguide disposed therebetween (FIGS. 10-11; ¶0079-85) and Lovely teaches: A micro imaging system (¶0082: imaging system includes a scanning assembly 1128), comprising: a light source configured to illuminate a light (¶0082: lasers 1115a, 1115b); a 2×1 fiber coupler, comprising: two input channels coupled with the light source, and configured to receive the light; the optical scanning device, coupled with the 2×1 fiber coupler, and configured to scan the light, which coupled from one of the two input channels to form the scan pattern on a surface; and a photodetector arranged in parallel with the light source, which connected to the other one of the two input channels, and configured to receive the scan pattern via the optical scanning device (¶0079, 0082: A fiber coupler 1130 is coupled to the optical fibers 1116a, 1116b and combines portions of the optical fluxes from the lasers 1115a, 1115b to produce a combined flux in an optical fiber 1131; ¶0083: the scan controller can send a signal to the amplifier 1124 or to a multiplier stage that follows it (also not shown) in order to modulate the electronic gain between the detector 1112 and the visible laser 1115b according to the position of the scanned fiber end 1118; ¶0085: The signal from the detector 1112 is amplified by an amplifier 1124 that is coupled to the visible display laser 1115b so as to modulate the intensity of the visible display laser 1115b; ¶0083: A distal end 1118 of the optical fiber 1131 protrudes in cantilever fashion from a two-axis piezoelectric actuator 1117 that is driven in such a manner that the fiber end 1118 oscillates in a pre-determined two-dimensional pattern; see FIG. 11 showing photodetector 1112 arranged in parallel with the light source 1115, which connected to the other one of the two input channels 1116, and configured to receive the scan pattern via the optical scanning device 1128).
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 optical scanning device of Melville in view of Lovely to satisfy the claimed condition, because such a fiber coupler configuration is known and would be utilized for instantaneous modulation of the light flux to allow the contrast of certain features in the display image to be enhanced, as taught in paragraph ¶0085 of Lovely.
Regarding Claim 24, Melville discloses the optical scanning device according to Claim 13, as above. Melville-Lovely further discloses: A micro imaging system, comprising: a light source configured to illuminate a light; a 2×1 fiber coupler, comprising: two input channels coupled with the light source, and configured to receive the light; the optical scanning device, coupled with the 2×1 fiber coupler, and configured to scan the light, which coupled from one of the two input channels to form the scan pattern on a surface; and a photodetector arranged in parallel with the light source, which connected to the other one of the two input channels, and configured to receive the scan pattern via the optical scanning device (see rejection of claim 12 supra).
Regarding Claim 25, Melville discloses the optical scanning device according to Claim 13, as above. Melville further discloses: A micro imaging system (¶0004, 0106-07: small displays…micron dimensions of MEMS scanner), comprising: a light source configured to illuminate a light on a surface to form an image (¶0082, 0106: sources of light received by waveguide; ¶0110: light emitted from the waveguide); the optical scanning device, configured to scan the scan pattern on the surface (¶0085: optical scanner).
Melville does not appear to explicitly disclose: a photodetector connected to the optical scanning device, and configured to receive the scan pattern via the optical scanning device.
Lovely is related to Melville with respect to an optical scanning device comprising a light source, actuating member and a waveguide disposed therebetween (FIGS. 10-11; ¶0079-85) and Lovely teaches: a photodetector connected to the optical scanning device, and configured to receive the scan pattern via the optical scanning device (¶0046, 0049, 0081, 0085: Photodetectors are coupled to amplifiers and they respond quickly to the instantaneous modulated light; ¶0083: the scan controller can send a signal to the amplifier 1124 or to a multiplier stage that follows it (also not shown) in order to modulate the electronic gain between the detector 1112 and the visible laser 1115b according to the position of the scanned fiber end 1118; ¶0085: The signal from the detector 1112 is amplified by an amplifier 1124 that is coupled to the visible display laser 1115b so as to modulate the intensity of the visible display laser 1115b).
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 optical scanning device of Melville in view of Lovely to satisfy the claimed condition, because such a photodetector is known and would be utilized for instantaneous modulation of the light flux to allow the contrast of certain features in the display image to be enhanced, as taught in paragraph ¶0085 of Lovely.
Regarding Claim 26, Melville discloses the optical scanning device according to Claim 13, as above. Melville-Lovely further discloses: A micro imaging system, comprising: a light source; the optical scanning device, connected to the light source, wherein the light source illuminates a light on a surface to form a scan pattern via the optical scanning device; and a photodetector configured to receive the scan pattern (see rejection of claim 25 supra).
Claims 9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Melville et al. (US 2021/0191108 A1) in view of Xu et al. (WO 2018/222727 A1).
Regarding Claim 9, Melville discloses the optical scanning device according to Claim 1, as above. Melville does not appear to explicitly disclose: further comprising: two layers of PZT thin films in a bimorph configuration disposed on each of the two actuating members, respectively.
Xu is related to Melville with respect to an optical scanning device comprising disposing and connecting portions, actuating members, and a waveguide disposed therebetween (FIGS. 3, 5-6; ¶0038, 0040, 0045, 0060, 0066, 0074) and Xu teaches: further comprising: two layers of PZT thin films in a bimorph configuration disposed on each of the two actuating members, respectively (FIG. 6; ¶0060: Scanner 600 comprises a multidimensional actuator 610 comprising a base 102, a first piezoelectric bending actuator 104, a second piezoelectric bending actuator 106, and a fiber optic 120; ¶0066: the two bending actuators are a bimorph structure including two layers of PZT material of equal thickness).
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 optical scanning device of Melville in view of Xu to satisfy the claimed condition, because such a bimorph configuration is known and would be utilized for lower resonant frequencies (~4 KHz), thereby allowing a bi-directional line-scan rate at approximately 8 kHz with a transmission range covering all useful wavelengths for imaging, as taught in paragraphs ¶0067 of Xu.
Regarding Claim 21, Melville discloses the optical scanning device according to Claim 13, as above. Melville-Xu further discloses: further comprising: two layers of PZT thin films in a bimorph configuration disposed on each of the two actuating members, respectively (see rejection of claim 9 supra).
Claims 11 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Melville et al. (US 2021/0191108 A1) in view of Zong et al. (CN 107049247 A).
The Examiner notes that the text of foreign references as cited throughout this Office Action are to the English translation retrieved from the Patent Translate feature of https://worldwide.espacenet.com and provided herewith.
Regarding Claim 11, Melville discloses the optical scanning device according to Claim 10, as above. Melville does not appear to explicitly disclose: further comprising: a Field Programmable Gate Array (FPGA) controller electrically connected to the optical scanning device to provide two driving signals to the two actuating members and provide a light modulation to the waveguide of the optical scanning device.
Zong is related to Melville with respect to an optical scanning device comprising a light source, actuating member and a waveguide disposed therebetween (FIGS. 1, 3, 5; ¶0039, 0049, 0078-80) and Zong teaches: further comprising: a Field Programmable Gate Array (FPGA) controller electrically connected to the optical scanning device to provide driving signals to actuating member and provide a light modulation to the waveguide of the optical scanning device (¶0080: The x and y control signals during the scanning process of the microelectromechanical scanner 22 are generated by an FPGA (Field Programmable Gate Array) card (PXI-7853R), which is also used to drive an acousto-optic modulator [actuator] to adjust the laser intensity; ¶0075: intensity of laser adjusted by the acousto-optic modulator 13 and transmitted to the laser input fiber 11 [waveguide]).
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 optical scanning device of Melville in view of Zong to satisfy the claimed condition, because such a Field Programmable Gate Array (FPGA) controller offers the advantage of producing high speed, uniform excitation, large scanning angle, and wide field of view across the entire field of view, as taught in paragraphs ¶0080 of Zong.
Regarding Claim 23, Melville discloses the micro display according to Claim 22, as above. Melville-Zong further discloses: further comprising: a Field Programmable Gate Array (FPGA) controller electrically connected to the optical scanning device to provide two driving signals to the two actuating members and provide a light modulation to the waveguide of the optical scanning device (see rejection of claim 11 supra).
Other Relevant Documents Considered
Prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Tsuruta (US 9,874,739 B2) and Yokota (US 2017/0010462 A1) disclose an optical scanning device comprising disposing portions, a light source, actuating members and a waveguide disposed therebetween and further satisfying some of the additional conditions as claimed.
Conclusion
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/SAMANVITHA SRIDHAR/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872