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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first embedded groove, first embedded through-hole, second embedded groove, second embedded through-hole, thickness direction of the first substrate, thickness direction of the second substrate, housing, a diverging element, a diffraction grating element, a transmittance grating element, a polarizing element, a filtering element, and a dispersion element, optical emission system, camera of a mobile terminal, a virtual reality device, an augmented reality device, and a light emitter must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "110" and "011" have both been used to designate "first metasurface element,” reference characters "120" and "012" have both been used to designate "second metasurface element,” reference characters "1701" and "0171" have both been used to designate "first substrate,” reference characters "1702" and "0172" have both been used to designate "second substrate,” and reference characters "130" and "013" have both been used to designate "image sensor.”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 disclosure is objected to because of the following informalities:
The specification is objected to for failing to show/detail every feature of the invention specified in the claims. Therefore, the first embedded groove, first embedded through-hole, second embedded groove, second embedded through-hole, thickness direction of the first substrate, thickness direction of the second substrate, housing, a diverging element, a diffraction grating element, a transmittance grating element, a polarizing element, a filtering element, and a dispersion element, optical emission system, camera of a mobile terminal, a virtual reality device, an augmented reality device, and a light emitter must be shown/detailed or the feature(s) canceled from the claim(s). No new matter should be entered. See Drawings objection above.
The specification is objected to because reference characters "110" and "011" have both been used to designate "first metasurface element,” reference characters "120" and "012" have both been used to designate "second metasurface element,” reference characters "1701" and "0171" have both been used to designate "first substrate,” reference characters "1702" and "0172" have both been used to designate "second substrate,” and reference characters "130" and "013" have both been used to designate "image sensor.” See Drawings objection above.
Appropriate correction is required.
Claim Objections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 13 recites “[t]he optical apparatus of claim 11, wherein: the first embedded structure includes a first embedded groove or a first embedded through-hole; and the second embedded structure…” but the “first embedded structure” and “second embedded structure” are not recited in Claim 11, for these claim limitations are first recited in Claim 12 instead.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 112(b)
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 and 15 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.
With respect to Claims 5 and 15, the terms “thickness direction of the first substrate" and "thickness direction of the second substrate” are relative terms which render the claims indefinite. The terms “thickness direction of the first substrate" and "thickness direction of the second substrate” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, the “first/second embedded structure includes a first/second embedded through-hole including a first/second positioning portion and a first/second chamfered portion” limitations in the claims have been rendered indefinite by the use of the terms “thickness direction of the first substrate" and "thickness direction of the second substrate.”
For the prosecution on merits, examiner interprets “thickness direction of the first substrate" and "thickness direction of the second substrate” as “a first direction of the first substrate" and "a first direction of the second substrate.”
Claim 15 recites the limitation "the thickness direction of the second substrate" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim, for a thickness direction of the second substrate is not previously recited in Claim 15, Claim 12, or Claim 11.
Applicant should clarify the claim limitations as appropriate. Care should be taken during revision of the description and of any statements of problem or advantage, not to add subject-matter which extends beyond the content of the application (specification) as originally filed.
If the language of a claim, considered as a whole in light of the specification and given its broadest reasonable interpretation, is such that a person of ordinary skill in the relevant art would read it with more than one reasonable interpretation, then a rejection of the claims under 35 U.S.C. 112, second paragraph, is appropriate. See MPEP 2173.05(a), MPEP 2143.03(I), and MPEP 2173.06.
Claim Rejections - 35 USC § 102
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.
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 1-4, 6-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. US 20200150437 A1 (herein after "Lin").
With respect to Claim 1, Lin discloses an optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) comprising:
a first substrate (substrate 2000; [0304]) and a second substrate (reflective layer 2100; fig. 14a) that extend parallel (as seen in fig. 14a) to a reference plane (plane 14c; [0304]) and are separated from each other (fig. 14a) in a direction perpendicular (fig. 14a) to the reference plane (plane 14c; [0304]); and
a plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) that are arranged parallel (fig. 14a) to the reference plane (plane 14c; [0304]) and include a first metasurface element (metasurface 2002a; [0305]) and a second metasurface element (metasurface 2002b; [0305]),
wherein:
the first metasurface element (metasurface 2002a; [0305]) is embedded (fig. 14a) in the first substrate (substrate 2000; [0304]) and/OR the second metasurface element (metasurface 2002b; [0305]) is embedded (fig. 14a) in the second substrate (reflective layer 2100; fig. 14a); and
the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) are configured such that one of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) reflects at least a portion of light to another one (the metasurface are configured to redirect light; [0305]; light being reflected from one metasurface to another metasurface as seen in fig. 14a) of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]).
With respect to Claim 2, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein:
the first substrate (substrate 2000; [0304]) includes a first embedded structure (gaps between nanobeams; [0321]; fig. 14a), and the first metasurface element (metasurface 2002a; [0305]) is located (fig. 14a) in the first embedded structure (gaps between nanobeams; [0321]; fig. 14a); and
the second substrate (reflective layer 2100; fig. 14a) includes a second embedded structure (gaps between nanobeams; [0321]; fig. 14a), and the second metasurface element (metasurface 2002b; [0305]) is located (fig. 14a) in the second embedded structure (gaps between nanobeams; [0321]; fig. 14a).
With respect to Claim 3, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 2, wherein:
the first embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a first embedded groove OR a first embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a); and
the second embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a second embedded groove OR a second embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a).
With respect to Claim 4, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 2, wherein:
a surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first metasurface element (metasurface 2002a; [0305]) is flush with a surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first substrate (substrate 2000; [0304]), OR protrudes OR recesses relative to the surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first substrate (substrate 2000; [0304]); and
a surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second metasurface element (metasurface 2002b; [0305]) is flush with a surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second substrate (reflective layer 2100; fig. 14a), OR protrudes OR recesses relative to the surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second substrate (reflective layer 2100; fig. 14a).
With respect to Claim 6, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein: the first substrate (substrate 2000; [0304]) and the second substrate (reflective layer 2100; fig. 14a) are parts of a housing (housing enclosing substrate 2000 and reflective layer 2100 as seen in fig. 14b & 14c; [0304]) of the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]).
With respect to Claim 7, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein: at least one of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) is configured to converge, disperse, diverge, OR transmit the light (substrate 2000 having transmissive and reflective metasurfaces 2002a, 2002b; [0304]).
With respect to Claim 8, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein: the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include one OR more of a converging element, a diverging element, a diffraction grating element, a transmittance grating element, a polarizing element, a filtering element, and a dispersion element (unit cells 2010a and 2010b includes nanobeams 2020a, 2020b, 2020c, and 2020d; [0305]).
With respect to Claim 9, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein: the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include one OR more of the converging element, the diverging element, the diffraction grating element, the transmittance grating element, the polarizing element, the filtering element, and the dispersion element (unit cells 2010a and 2010b includes nanobeams 2020a, 2020b, 2020c, and 2020d; [0305]), that include a metasurface structure (metasurfaces include plurality of unit cells which include nanobeams 2020a-d; [0305]; structure as seen in fig. 14a-14c).
With respect to Claim 10, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 1, wherein:
the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) is an imaging optical system (the metasurfaces applied to form light redirecting parts of sensors, cameras, and image projection devices; [0338]), and the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include an image sensor (the metasurfaces applied to form light redirecting parts of sensors, cameras, and image projection devices; [0338]); OR
the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) is an optical emission system, and the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include a light source.
With respect to Claim 11, Lin discloses an optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) comprising an optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]), the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) including:
a first substrate (substrate 2000; [0304]) and a second substrate (reflective layer 2100; fig. 14a) that extend parallel (as seen in fig. 14a) to a reference plane (plane 14c; [0304]) and are separated from each other (fig. 14a) in a direction perpendicular (fig. 14a) to the reference plane (plane 14c; [0304]); and
a plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) that are arranged parallel (fig. 14a) to the reference plane (plane 14c; [0304]) and include a first metasurface element (metasurface 2002a; [0305]) and a second metasurface element (metasurface 2002b; [0305]),
wherein:
the first metasurface element (metasurface 2002a; [0305]) is embedded (fig. 14a) in the first substrate (substrate 2000; [0304]) and/or the second metasurface element (metasurface 2002b; [0305]) is embedded (fig. 14a) in the second substrate (reflective layer 2100; fig. 14a); and
the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) are configured such that one of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) reflects at least a portion of light to another one (the metasurface are configured to redirect light; [0305]; light being reflected from one metasurface to another metasurface as seen in fig. 14a) of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]).
With respect to Claim 12, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein:
the first substrate (substrate 2000; [0304]) includes a first embedded structure (gaps between nanobeams; [0321]; fig. 14a), and the first metasurface element (metasurface 2002a; [0305]) is located (fig. 14a) in the first embedded structure (gaps between nanobeams; [0321]; fig. 14a); and
the second substrate (reflective layer 2100; fig. 14a) includes a second embedded structure (gaps between nanobeams; [0321]; fig. 14a), and the second metasurface element (metasurface 2002b; [0305]) is located (fig. 14a) in the second embedded structure (gaps between nanobeams; [0321]; fig. 14a).
With respect to Claim 13, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein:
the first embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a first embedded groove OR a first embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a); and
the second embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a second embedded groove OR a second embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a).
With respect to Claim 14, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 12, wherein:
a surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first metasurface element (metasurface 2002a; [0305]) is flush with a surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first substrate (substrate 2000; [0304]), OR protrudes OR recesses relative to the surface (surface of metasurface 2002a functions in the transmissive mode; [0306]) of the first substrate (substrate 2000; [0304]); and
a surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second metasurface element (metasurface 2002b; [0305]) is flush with a surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second substrate (reflective layer 2100; fig. 14a), OR protrudes OR recesses relative to the surface (surface of metasurface 2002b functions in the reflective-mode; [0306]) of the second substrate (reflective layer 2100; fig. 14a).
With respect to Claim 16, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein: the first substrate (substrate 2000; [0304]) and the second substrate (reflective layer 2100; fig. 14a) are parts of a housing (housing enclosing substrate 2000 and reflective layer 2100 as seen in fig. 14b & 14c; [0304]) of the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]).
With respect to Claim 17, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein: at least one of the first metasurface element (metasurface 2002a; [0305]) and the second metasurface element (metasurface 2002b; [0305]) is configured to converge, disperse, diverge, OR transmit the light (substrate 2000 having transmissive and reflective metasurfaces 2002a, 2002b; [0304]).
With respect to Claim 18, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein: the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include one OR more of a converging element, a diverging element, a diffraction grating element, a transmittance grating element, a polarizing element, a filtering element, and a dispersion element (unit cells 2010a and 2010b includes nanobeams 2020a, 2020b, 2020c, and 2020d; [0305]).
With respect to Claim 19, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein: the plurality of optical elements (plurality of unit cells 2010a, 2010b; [0305]) further include one OR more of the converging element, the diverging element, the diffraction grating element, the transmittance grating element, the polarizing element, the filtering element, and the dispersion element (unit cells 2010a and 2010b includes nanobeams 2020a, 2020b, 2020c, and 2020d; [0305]), that include a metasurface structure (metasurfaces include plurality of unit cells which include nanobeams 2020a-d; [0305]; structure as seen in fig. 14a-14c).
With respect to Claim 20, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 11, wherein: the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) is a camera of a mobile terminal, a virtual reality device, an augmented reality device, OR a light emitter (the metasurfaces applied to form light redirecting parts of sensors, cameras, and image projection devices; [0338]; advantageously utilized with AR displays that provide images across multiple depth planes; [0336] & [0003]).
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 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. US 20200150437 A1 (herein after "Lin") in view of Egusa et al. WO 2020045522 A1 (see machine translation; herein after "Egusa").
With respect to Claim 5, Lin discloses the optical assembly (system 250 of fig. 6, substrates 2000 having metasurfaces used to form display systems, e.g., system of fig. 6; [0289] & [0334]) of claim 2, wherein:
the first embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a first embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a);
the second embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a second embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a).
Lin does not appear to explicitly teach the following limitations: including a first positioning portion and a first chamfered portion sequentially arranged in a thickness direction of the first substrate, the first metasurface element being located in the first positioning portion and adjacent to the first chamfered portion; and including a second positioning portion and a second chamfered portion sequentially arranged in a thickness direction of the second substrate, the second metasurface element being located in the second positioning portion and adjacent to the second chamfered portion.
However, in another field of endeavor, Egusa teaches a jig and method for producing a semiconductor device ([0005]; fig. 9-10 & 22-26), wherein a jig (1; [0053]) comprises a through hole (3a & 4a; [0055]; fig. 19 & 22) including a positioning portion of a jig ([0053]; fig. 23) and chamfered corners of a positioning portion (3 & 4; [0055]; fig. 23) along protrusions (31a-b & 41a-b; [0054]; fig. 23-24), wherein semiconductor elements (21 & 22; [0069]) are accurately mounted inside of the through hole (3a & 4a) and positioned on the surface of a substrate (10; [0062] & [0069]; fig. 9-10, & 26). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the chamfered corners of the positioning portion, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co , 193 USPQ 8. See MPEP § 2144.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical system of Lin to combine the technical features of metasurface elements arranged in positioning portions adjacent to chamfered portions of a substrate, for the purpose of position accuracy and improving work efficiency in manufacturing semiconductor devices, as taught by Egusa ([0025], [0037], & [0069]).
With respect to Claim 15, Lin discloses the optical apparatus (wearable display system 60 into which related systems e.g., system 250 of fig. 6 are integrated; [0289]) of claim 12, wherein:
the first embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a first embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a);
the second embedded structure (gaps between nanobeams; [0321]; fig. 14a) includes a second embedded through-hole (gap in the range of 5nm to 1μm, 10nm to 1μm, OR 10nm to 300nm; [0321]; fig. 14a).
Lin does not appear to explicitly teach the following limitations: including a first positioning portion and a first chamfered portion sequentially arranged in a thickness direction of the first substrate, the first metasurface element being located in the first positioning portion and adjacent to the first chamfered portion; and including a second positioning portion and a second chamfered portion sequentially arranged in a thickness direction of the second substrate, the second metasurface element being located in the second positioning portion and adjacent to the second chamfered portion.
However, in another field of endeavor, Egusa teaches a jig and method for producing a semiconductor device ([0005]; fig. 9-10 & 22-26), wherein a jig (1; [0053]) comprises a through hole (3a & 4a; [0055]; fig. 19 & 22) including a positioning portion of a jig ([0053]; fig. 23) and chamfered corners of a positioning portion (3 & 4; [0055]; fig. 23) along protrusions (31a-b & 41a-b; [0054]; fig. 23-24), wherein semiconductor elements (21 & 22; [0069]) are accurately mounted inside of the through hole (3a & 4a) and positioned on the surface of a substrate (10; [0062] & [0069]; fig. 9-10, & 26). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the chamfered corners of the positioning portion, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co , 193 USPQ 8. See MPEP § 2144.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical system of Lin to combine the technical features of metasurface elements arranged in positioning portions adjacent to chamfered portions of a substrate, for the purpose of position accuracy and improving work efficiency in manufacturing semiconductor devices, as taught by Egusa ([0025], [0037], & [0069]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Han et al. US 20220011161 A1 discloses a spectrometer including metasurface similar to that of the claimed invention. You et al. US 20190243155 A1 discloses a meta illuminator similar to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K MUHAMMAD whose telephone number is (571)272-4210. The examiner can normally be reached Monday - Thursday 1:00pm - 9:30pm EDT.
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/K MUHAMMAD/Examiner, Art Unit 2872 03 October 2025
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872