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 filed on 8/23/2023 has been considered.
Preliminary Amendment
The preliminary amendment filed 8/23/2025 is acknowledged. In the preliminary amendment, Applicant amended the specification and claims 1, 4, 9, 13 and 15 and cancelled claims 2-3 and 10.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the
claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the
individual claim, other passages and figures may apply as well. It is respectfully requested that,
in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by
the prior art or disclosed by the Examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: reference character “270” in Figs. 6A, 6B, 7 and 17.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The substitute specification filed 8/23/2023 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, said claim depends from claim 1, which recites “the sticking prevention part is a protrusion disposed on the wall surface of the shutter opening” which is represented by Fig. 5, where the protrusion 281 is the sticking prevention part disposed on the wall surface. However, claim 5 recites “the sticking prevention part is at least one of a convex portion and a concave portion provided on the wall surface of the shutter opening”, which is represented by Figs. 10, 11, where the sticking prevention part is the convex surface 288 or the concave surface 287 provided on the wall surface. It is not clear how the embodiment shown in Fig. 5 can be consistent with the embodiments in Figs. 10, 11, that is, either the sticking prevention part is a protrusion disposed on the wall or a convex/concave surface on the wall. Moreover, claim 1 recites “any cross section in the thickness direction of the substrate has an approximately same shape”. This feature is not present in the embodiments of Figs. 10, 11 where the cross section varies.
For examination purposes, it will be taken that claim 5 refers to the embodiments shown in Figs. 10, 11.
Regarding claim 6, said claim depends from claim 1 (through claim 5), which recites “the sticking prevention part is a protrusion disposed on the wall surface of the shutter opening”, which is represented by Fig. 5 where the protrusion 281 is the sticking prevention part disposed on the wall surface. However, claim 6 recites “the wall surface of the shutter opening is formed to have an inclined surface so that any cross section in a thickness direction of the substrate has an approximately dogleg shape”, which is represented by Fig. 8 where the sticking prevention part is the dogleg surface 286. It is not clear how the embodiment shown in Fig. 5 can be consistent with the embodiment in Fig. 8, that is, either the sticking prevention part is a protrusion disposed on the wall or a dogleg surface on the wall. Moreover, claim 1 recites “any cross section in the thickness direction of the substrate has an approximately same shape”. This feature is not present in the embodiment of Fig. 8 where the cross section varies.
For examination purposes, it will be taken that claim 6 refers to the embodiment shown in Fig. 8.
Regarding claim 7, said claim depends from claim 1 (through claim 5), which recites “the sticking prevention part is a protrusion disposed on the wall surface of the shutter opening”, which is represented by Fig. 5 where the protrusion 281 is the sticking prevention part disposed on the wall surface. However, claim 7 recites “the wall surface of the shutter opening is formed to have a concave curved surface or a convex curved surface”, which is represented by Figs. 10, 11 where the sticking prevention part is the convex surface 288 or the concave surface 287. It is not clear how the embodiment shown in Fig. 5 can be consistent with the embodiments in Figs. 10, 11, that is, either the sticking prevention part is a protrusion disposed on the wall or a convex/concave curved surface on the wall. Moreover, claim 1 recites “any cross section in the thickness direction of the substrate has an approximately same shape”. This feature is not present in the embodiments of Figs. 10, 11 where the cross section varies.
For examination purposes, it will be taken that claim 7 refers to the embodiments shown in Figs. 10, 11.
Regarding claim 8, said claim depends from claim 1 (through claim 5) which recites “the sticking prevention part is a protrusion disposed on the wall surface of the shutter opening”, which is represented by Fig. 5 where the protrusion 281 is the sticking prevention part disposed on the wall surface. However, claim 8 recites “the wall surface of the shutter opening is formed to have a wave-shaped uneven surface”, which is represented by Fig. 12 where the sticking prevention part is the wave-shape surface 289. It is not clear how the embodiment shown in Fig. 5 can be consistent with the embodiment in Fig. 12, that is, either the sticking prevention part is a protrusion disposed on the wall or a wave-shaped surface on the wall. Moreover, claim 1 recites “any cross section in the thickness direction of the substrate has an approximately same shape”. This feature is not present in the embodiment of Fig. 12 where the cross section varies.
For examination purposes, it will be taken that claim 8 refers to the embodiment shown in Fig. 12.
Allowable Subject Matter
Claims 1, 4, 9 and 11-15 are allowed.
Claims 5-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding the optical filtering device of claim 1, the optical shutter 210 has an opening 264 with side wall surfaces, wherein the sticking prevention part in a wall surface comprises a protrusion 281 that extends over the entire of a thickness direction of the substrate (Fig. 5).
Regarding the MEMS shutter of claim 15, the optical shutter 210 has an opening 264 with side wall surfaces, wherein the sticking prevention part in a wall surface comprises a protrusion 281 that extends over the entire of a thickness direction of the substrate (Fig. 5).
Regarding the optical filtering device of claim 5, the optical shutter 210 has an opening 264 with side wall surfaces, wherein the sticking prevention part in a wall surface comprises at least one of a convex portion and a concave portion provided on the wall surface of the shutter opening (Figs. 10, 11).
Claims 6-8 are dependent from claim 5 and are allowable for the reason given above.
Suzuki et al. (JP-H11249035A, hereinafter, “Suzuki”, paragraphs cited herein refer to the English translation, figures refer to the original) discloses an optical filter comprising a light shutter 11 that opens and closes a cavity 13 in a substrate 1 having an opening 13a. The side wall of the cavity 13 includes a protrusion 24 that includes a conductive member 25, a piezoelectric element 26 and an electrode 27 (Fig. 1, [0020], [0024], [0025]). The protruding portion 24 is provided at a position where the movable shutter 11 at the open position comes into contact with the wall surface ([0028]). However, Suzuki is silent as to disposing the protruding portion 24 so that it extends over the entire of a thickness direction of the substrate 1 or disposing a convex/concave portion on the side wall.
Ueno et al. (US 2014/0160471, hereinafter, “Ueno”) discloses an optical filtering device wherein an optical shutter 2001 switches between closed and open state (Fig. 6A, [0194]). However, Ueno is silent as to disposing a protruding portion on the surface of the side wall or disposing a convex/concave portion on the side wall.
Li et al. (US 2017/0075105, hereinafter, “Li”) discloses a micro shutter array (Abstract). In one embodiment, micro shutter cells may be in an open state (Fig. 5C, [0029]). However, Li is silent as to disposing a protruding portion on the surface of the side wall or disposing a convex/concave portion on the side wall.
Worley (US 5,784,190, hereinafter, “Worley”) a micro shutter array (Abstract). In one embodiment, micro shutter cells may be in an open state (Fig. 7, col. 7, lines 29-36). However, Worley is silent as to disposing a protruding portion on the surface of the side wall 36 or disposing a convex/concave portion on the side wall.
Takahashi (JP-H09218360A, hereinafter, “Takahashi”) discloses an optical filter comprising a light shutter 501a, 501b that opens and closes (Fig. 6, [0070]). However, Takahashi is silent as to disposing a protruding portion on the surface of the side wall or disposing a convex/concave portion on the side wall.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872