CTNF 18/409,388 CTNF 89414 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1, 11, 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) . Regarding claim 1, Kim discloses a spatial light modulator comprising: a substrate (e.g. see substate, e.g. 110 in Fig. 9); and a plurality of pixels (e.g. see plurality of pixels, e.g. PXs in Fig. 9), wherein at least one pixel of the plurality of pixels includes a first reflective layer provided on the substrate (e.g. see distributed Bragg reflector, e.g. 130 in Fig. 9), a cavity layer provided on the first reflective layer (e.g. see cavity, e.g. 140 in Fig. 9), and a second reflective layer provided on the cavity layer, the second reflective layer including a grating structure (e.g. see grating reflector, e.g. 150 and 151 in Fig. 9 and Fig. 2), wherein the plurality of pixels are supported by the substrate and are arranged to be separated from each other (e.g. see Fig. 9 showing the plurality of pixels PXs supported by the substrate 110 and arranged to be separated from each other). Although Kim discloses the substrate, it is noted Kim differs from the present invention in that it fails to particularly disclose including an opening. Jeong however, teaches including an opening (e.g. see forming a plurality of through holes in a silicon substrate, e.g. see substrate 1120 in Fig. 14, paragraphs [0145]-[0148]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim and Jeong before him/her, to modify the Spatial light modulator and beam steering apparatus including the same of Kim with Jeong in order to improve the accuracy of the light modulation. Regarding claim 11, Kim discloses a light detection and ranging (LiDAR) apparatus comprising: a light source (e.g. see light source, e.g. 1110 in Fig. 10); a light modulator configured to adjust a travel direction of light emitted from the light source (e.g. see spatial light modulator, e.g. 1100 in Fig. 10) and radiate the light toward an object (e.g. see object in Fig. 10); and a photodetector configured to detect light reflected from the object (e.g. see photodetector 1120 in Fig. 10), wherein the light modulator comprises: a substrate (e.g. see substate, e.g. 110 in Fig. 9); and a plurality of pixels provided on the substrate (e.g. see plurality of pixels, e.g. PXs in Fig. 9), at least one pixel of the plurality of pixels includes a first reflective layer (e.g. see distributed Bragg reflector, e.g. 130 in Fig. 9), a cavity layer provided on the first reflective layer (e.g. see cavity, e.g. 140 in Fig. 9), and a grating structure provided on the cavity layer (e.g. see grating reflector, e.g. 150 and 151 in Fig. 9 and Fig. 2), and wherein the plurality of pixels are supported by the substrate and are arranged to be separated from each other (e.g. see at least Fig. 9 showing the plurality of pixels PXs supported by the substrate 110 and arranged to be separated from each other). Although Kim discloses the substrate, it is noted Kim differs from the present invention in that it fails to particularly disclose including an opening. Jeong however, teaches including an opening (e.g. see forming a plurality of through holes in a silicon substrate, e.g. see substrate 1120 in Fig. 14, paragraphs [0145]-[0148]). The motivation above in the rejection of claim 1 applies here. Regarding claim 15, Kim discloses a method of manufacturing a spatial light modulator, the method comprising: providing a first reflective layer (e.g. see distributed Bragg reflector, e.g. 130 in Fig. 9) on a substrate (e.g. see substate, e.g. 110 in Fig. 9); providing a cavity layer on the first reflective layer (e.g. see cavity, e.g. 140 in Fig. 9); providing a second reflective layer on the cavity layer (e.g. see grating reflector, e.g. 150 in Fig. 9); providing a grating structure on the second reflective layer (e.g. see grating reflector with gratings, e.g. 151 in Fig. 9 and Fig. 2); forming a trench in a stack structure (e.g. see trench, e.g. 191 in Fig. 9), the stack structure including the first reflective layer, the cavity layer, and the second reflective layer and providing at least one pixel (e.g. see the stack structure in Fig. 9 including 130, 140 and 150 and see at least one pixel PX), wherein each of pixels included in the spatial light modulator is supported by the substrate and are arranged to be separated from each other (e.g. see at least Fig. 9 showing the plurality of pixels PXs supported by the substrate 110 and arranged to be separated from each other). Although Kim discloses the substrate, it is noted Kim differs from the present invention in that it fails to particularly disclose forming an opening. Jeong however, teaches forming an opening (e.g. see forming a plurality of through holes in a silicon substrate, e.g. see substrate 1120 in Fig. 14, paragraphs [0145]-[0148]). The motivation above in the rejection of claim 1 applies here. Regarding claim 16, Kim further discloses wherein the forming of the trench in the stack structure includes: sequentially etching the first reflective layer and the cavity layer until the substrate is exposed (e.g. see including a trench 191 that etches 130 and 140 to expose substrate 110, as shown in Fig. 9, paragraphs [0063], [0072]) . 07-21-aia AIA Claim (s) 2-3, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of US 2024/0126078 A1 (“Saxena”) . Regarding claim 2, although Kim discloses the substrate, it is noted Kim differs from the present invention in that it fails to particularly disclose further comprising a glass layer provided on the substrate. Saxena however, teaches further comprising a glass layer provided on the substrate (e.g. see glass cover, paragraphs [0018]; also see glass layer, paragraphs [0121], [0128], [0137]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong and Saxena before him/her, to incorporate the teachings of Saxena into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong in order to protect the light modulating region. Regarding claim 3, although Kim discloses the substrate, it is noted Kim differs from the present invention in that it fails to particularly disclose further comprising: protective layer provided on or below the substrate; and at least one control board provided on or below the substrate, and spaced apart from the protective layer. Saxena however, teaches further comprising: protective layer provided on or below the substrate (e.g. see glass cover, paragraphs [0018]; also see glass layer, paragraphs [0121], [0128], [0137]); and at least one control board provided on or below the substrate, and spaced apart from the protective layer (e.g. see circuitry 302A that is spaced apart from glass layer 306 as shown in Fig. 3). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong and Saxena before him/her, to incorporate the teachings of Saxena into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong in order to protect the light modulating region and to provide phase modulation to the wavefront. Regarding claims 17, the claims recite analogous limitations to the claims above and are therefore rejected on the same premise . 07-21-aia AIA Claim (s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of US 2022/0171027 A1 (“Kim2”) . Regarding claim 8, although Kim discloses wherein the first reflective layer includes: a plurality of first layers having a relatively low thermal conductivity (e.g. see 131 in Fig. 2, paragraphs [0047], [0052]); and a plurality of second layers having a relatively high thermal conductivity (e.g. see 132 in Fig. 2, paragraphs [0047], [0052]), wherein the plurality of first layers and the plurality of second layers are repeatedly and alternately stacked (e.g. see 131 and 132 repeatedly and alternately stacked as shown in Fig. 2), it is noted Kim differs from the present invention in that it fails to particularly disclose wherein a lowermost layer of the plurality of first layers is thicker than remaining first layers of the plurality of first layers. Kim2 however, teaches wherein a lowermost layer of the plurality of first layers is thicker than remaining first layers of the plurality of first layers (e.g. see controlling thickness of the first layer 110 and the second layer 120, paragraph [0056]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong and Kim2 before him/her, to incorporate the teachings of Kim2 into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong in order to set the light reflectivity of the first reflective layer . 07-21-aia AIA Claim (s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of US 2023/0324733 A1 (“Stewart) . Regarding claim 9, although Kim discloses the grating structure, it is noted Kim differs from the present invention in that it fails to particularly disclose wherein the grating structure includes a plurality of high contrast gratings (HCGs). Stewart however, teaches wherein the grating structure includes a plurality of high contrast gratings (HCGs) (e.g. see high contrast grating structure 128 in Fig. 2, paragraphs [0038]-[0049]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong and Stewart before him/her, to incorporate the teachings of Stewart into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong in order to provide high contrast gratings to achieve high reflection efficiency . 07-21-aia AIA Claim (s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of WO 2016/194155 A1 (“Utsugi”) . Regarding claim 10, although Kim discloses wherein the plurality of pixels include: a driving pixel (e.g. see the pixel PX may be a unit capable of independently driving the spatial light modulator 100… alternatively, independently modulating the phase of light, paragraphs [0044], [0058]); and a non-driving pixel (e.g. see the pixel PX may be a unit capable of independently driving the spatial light modulator 100… alternatively, independently modulating the phase of light, paragraphs [0044], [0058]); and wherein the driving pixel and the non-driving pixel are driven (e.g. see the pixel PX may be a unit capable of independently driving the spatial light modulator 100… alternatively, independently modulating the phase of light, paragraphs [0044], [0058]), it is noted Kim differs from the present invention in that it fails to particularly disclose according to a binary driving method. Utsugi however, teaches according to a binary driving method (e.g. see spatial light modulator 212 is a device that spatially modulates the amplitude or phase of light, or both the amplitude and phase, and uses this to add two-dimensional digital information to signal light… on/off of each pixel is modulated by binary amplitude, see translation describing Fig. 2). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong and Utsugi before him/her, to incorporate the teachings of Utsugi into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong In order to implement ON/OFF modulation of pixels . 07-21-aia AIA Claim (s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of US 2024/0126078 A1 (“Saxena”) in further view of US 2007/0091414 A1 (“Yang”) . Regarding claim 18, although Kim in view of Saxena teaches wherein the providing of the glass layer on the substrate (Saxena: e.g. see glass cover, paragraphs [0018]; also see glass layer, paragraphs [0121], [0128], [0137]) includes: forming bond between the substrate and the glass layer (Saxena: e.g. see hermetic sealing element, paragraphs [0018]-[0020], [0134]-[0141]), it is noted Saxena differs from the present invention in that it fails to particularly disclose an anodic bond or an eutectic bond. Yang however, teaches an anodic bond or an eutectic bond (e.g. see bonding may be accomplished through the use of anodic, eutectic… bonding techniques, paragraph [0058]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong, Saxena and Yang before him/her, to incorporate the teachings of Yang into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong and Saxena in order to hermetically seal using well-known bonding techniques. Regarding claim 19, although Kim in view of Saxena teaches further comprising providing a protective layer on or below the substrate (Saxena: e.g. see glass cover, paragraphs [0018]; also see glass layer, paragraphs [0121], [0128], [0137]), wherein the providing of the protective layer on or below the substrate includes: forming bond between the substrate and the protective layer (Saxena: e.g. see hermetic sealing element, paragraphs [0018]-[0020], [0134]-[0141]), it is noted Kim differs from the present invention in that it fails to particularly disclose an eutectic bond. Yang however, teaches an eutectic bond (e.g. see bonding may be accomplished through the use of anodic, eutectic… bonding techniques, paragraph [0058]). The motivation above in the rejection of claim 18 applies here . 07-21-aia AIA Claim (s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0208256 A1 (“Kim”) in view of US 2021/0055626 A1 (“Jeong”) in further view of US 2020/0249322 A1 (“Asghari”) . Regarding claim 15, although Kim discloses further comprising, prior to the providing of the first reflective layer on the substrate (e.g. see distributed Bragg reflector, e.g. 130 in Fig. 9), it is noted Kim differs from the present invention in that it fails to particularly disclose forming a plurality of through silicon via (TSV) electrodes on the substrate. Asghari however, teaches forming a plurality of through silicon via (TSV) electrodes on the substrate (e.g. see through-silicon Vias, paragraph [0085]). Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Kim, Jeong, and Asghari before him/her, to incorporate the teachings of Asghari into the Spatial light modulator and beam steering apparatus including the same of Kim as modified by Jeong in order to provide electrical communication . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 4-7, 12-14 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0057642 A1, Kim et al., SPATIAL LIGHT MODULATOR, BEAM STEERING APPARATUS INCLUDING THE SAME, AND METHOD OF MANUFACTURING THE SPATIAL LIGHT MODULATOR Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS G GEROLEO whose telephone number is (571)270-7206. The examiner can normally be reached M-F 7:00 am - 3:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Francis Geroleo/Primary Examiner, Art Unit 3619 Application/Control Number: 18/409,388 Page 2 Art Unit: 3619 Application/Control Number: 18/409,388 Page 3 Art Unit: 3619 Application/Control Number: 18/409,388 Page 4 Art Unit: 3619 Application/Control Number: 18/409,388 Page 5 Art Unit: 3619 Application/Control Number: 18/409,388 Page 6 Art Unit: 3619 Application/Control Number: 18/409,388 Page 7 Art Unit: 3619 Application/Control Number: 18/409,388 Page 8 Art Unit: 3619 Application/Control Number: 18/409,388 Page 9 Art Unit: 3619
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