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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, (Claims 1-8, 15-26) in the reply filed on 05/26/2026 is acknowledged.
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
“a set of stator teeth formed from at least a first portion of the mirror layer and at least a portion of the electrode layer;” of Claim 15
“the set of stator teeth are attached to the electrode layer. “ of Claim 21
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Choo et al. (US 2007/0279638 A1).
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Regarding Claim 1, Choo (Fig. 1, 2) discloses a micro-electromechanical system (MEMS) device, comprising:
a mirror layer (see mirror layer in annotated Fig. 2F), wherein
the mirror layer is configured to cause a phase shift of an optical beam; [0028, 0031]
a set of stator teeth (stationary comb fingers 110B) formed from at least a first portion of the mirror layer (See 1st portion in annotated Fig. 2F); and
a set of rotor teeth (movable comb fingers 110A) formed from at least a second portion of the mirror layer (See 2nd portion in annotated Fig. 2F), wherein
the set of rotor teeth (110A) is disposed on a hinge (120) and engaged with the set of stator teeth (110b) (See 1 and annotated Fig. 2F).
Regarding Claim 2. Choo discloses the MEMS device of claim 1, wherein
the mirror layer is a silicon on insulator (SOI) layer. (“Optical devices that include reflective elements can be fabricated using SOI wafers and processed using bulk/thin film micromachining techniques”) [0021]
Regarding Claim 3. Choo discloses the MEMS device of claim 1, wherein
the set of stator teeth and the set of rotor teeth form an actuator. [0020].
Claim(s) 21-26 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Ebefors et al. (US 2012/0019886 A1).
Regarding Claim 21, Ebefors (Fig. 5-7) discloses an optical device, comprising:
a comb drive comprising an electrode layer (DL1) and a mirror layer (DL2), wherein
the mirror layer comprises: a set of rotor teeth (inner comb adapters), and a set of stator teeth, (outer comb adapters) wherein
the set of rotor teeth (inner comb adapters) are attached to a set of hinges, (hinges) and wherein
the set of stator teeth (outer comb adapters) are attached to the electrode layer. (DL1) (Fig.5-7)
Regarding Claim 22, Ebefors discloses the optical device of claim 21, wherein
the comb drive further comprises a buried oxide (BOX) layer. [0053, 0105-0107]
Regarding Claim 23, Ebefors discloses the optical device of claim 22, wherein
the comb drive further comprises a handle wafer layer. (“handle” “handle layer”)
Regarding Claim 24, Ebefors discloses the optical device of claim 21, wherein
the electrode layer is connected to a controller configured to cause a voltage to be provided via the electrode layer to the set of stator teeth. [0062-0075, 0086-0088, 0106]
Regarding Claim 25, Ebefors discloses the optical device of claim 21, wherein
a top of a rotor tooth, of the set of rotor teeth, is offset from a top of a stator tooth of the set of stator teeth. (See lateral offset)
Regarding Claim 26, Ebefors discloses the optical device of claim 25, wherein
a bottom of the rotor tooth is offset from a bottom of the stator tooth. (See lateral offset)
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(s) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Choo et al. (US 2007/0279638 A1)
Regarding Claim 4. Choo discloses the MEMS device of claim 1, wherein
a stator tooth, of the set of stator teeth, is engaged with a rotor tooth, of the set of rotor teeth, and wherein
the stator tooth is offset from the rotor tooth by an amount (See Fig. 1, 2)
Choo does not explicitly disclose that an amount that is greater than or equal to a moving range of the MEMS device.
However, 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 MEMS device in Choo such that an amount that is greater than or equal to a moving range of the MEMS device in order to form the movable interferometric mirror that enables phase steps without slow mechanical stepping [0005], [0020]-[0022].
Regarding Claim 5. Choo discloses the MEMS device of claim 4.
Choo does not explicitly disclose the moving range is associated with an amount of phase shift of the optical beam.
However, 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 MEMS device in Choo such that the moving range is associated with an amount of phase shift of the optical beam in order to form the movable interferometric mirror that enables phase steps without slow mechanical stepping [0005], [0020]-[0022].
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Choo et al. (US 2007/0279638 A1) in view of Uchiyama et al. (US 2011/0013256 A1)
Regarding Claim 6. Choo discloses the MEMS device of claim 1.
Choo does not explicitly disclose an electrode layer disposed under the mirror layer.
Uchiyama (Fig. 1, 9, 17, 20-22, 34) discloses an electrode layer (101) disposed under a mirror layer. (200)
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 MEMS device in Choo in view of Uchiyama such that an electrode layer disposed under the mirror layer in order to provide driving stabilization electrode and electrode layer arrangement with buried interconnections [[0030], [0035]-[0037], [0044]-[0048], [0092]-[0097]
Regarding Claim 7, Choo in view of Uchiyama discloses the MEMS device of claim 6, further comprising:
a substrate layer (310) disposed under the electrode layer (101)
Regarding Claim 8, Choo in view of Uchiyama discloses the MEMS device of claim 6, further comprising:
a silicon dioxide layer (107) disposed under the electrode layer. (101)
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Choo et al. (US 2007/0279638 A1) in view of Uchiyama et al. (US 2011/0013256 A1) and Ebefors et al. (US 2012/0019886 A1).
Regarding Claim 15, Choo (Fig. 1, 2) discloses a micro-electromechanical system (MEMS) device, comprising:
a mirror layer (see mirror layer in annotated Fig. 2F), wherein
the mirror layer is configured to cause a phase shift of an optical beam; [0028, 0031]
a set of stator teeth (stationary comb fingers 110B) formed from at least a first portion of the mirror layer (See 1st portion in annotated Fig. 2F); and
a set of rotor teeth (movable comb fingers 110A) formed from at least a second portion of the mirror layer (See 2nd portion in annotated Fig. 2F), wherein
the set of rotor teeth (110A) is disposed on a hinge (120) and engaged with the set of stator teeth (110b) (See 1 and annotated Fig. 2F).
Choo does not explicitly disclose a substrate and an electrode layer disposed on the substrate and a mirror layer disposed on the electrode layer and a set of stator teeth formed from at least a portion of the electrode layer
Uchiyama (Fig. 1, 9, 17, 20-22, 34) discloses a substrate (310) and an electrode layer (301) disposed on the substrate (310) and a mirror layer (200) disposed on the electrode layer (301)
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 MEMS device in Choo in view of Uchiyama such that a substrate and an electrode layer disposed on the substrate and a mirror layer disposed on the electrode layer in order to provide driving stabilization electrode and electrode layer arrangement with buried interconnections [[0030], [0035]-[0037], [0044]-[0048], [0092]-[0097]
Choo in view of Uchiyama does not explicitly disclose that a set of stator teeth formed from at least a portion of the electrode layer.
Ebefors (Fig. 5-7) discloses a set of stator teeth (70) formed from at least a portion of the electrode layer (55)
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 MEMS device in Choo in view of Uchiyama and Ebefors such that a set of stator teeth formed from at least a portion of the electrode layer. in order to allows dense actuator placement without surface routing interference [0007], [0065], [0070]-[0077] and provide direct actuation interface beneath movable element [0041]-[0042], [0070]-[0071]
Regarding Claim 16, Choo in view of Uchiyama and Ebefors discloses the phase-shifting optical device of claim 15, wherein
a translational offset between the set of stator teeth and the set of rotor teeth (See Fig. 1, 2).
Choo in view of Uchiyama and Ebefors does not explicitly disclose that a translational offset is greater than or equal to a movement range associated with the phase shift and is less than or equal to a threshold amount.
However, 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 MEMS device in Choo in view of Uchiyama and Ebefors such that a translational offset between the set of stator teeth and the set of rotor teeth is greater than or equal to a movement range associated with the phase shift and is less than or equal to a threshold amount order to form the movable interferometric mirror that enables phase steps without slow mechanical stepping [0005], [0020]-[0022].
Regarding Claim 17, Choo in view of Uchiyama and Ebefors discloses the phase-shifting optical device of claim 15, wherein
a translational offset between the set of stator teeth and the set of rotor teeth is formed by a shallow etch. (See Fig. 1, 2).
Further, limitation in line 2, “is formed by a shallow etch.” is considered to be product-by-process.
“Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding Claim 18, Choo in view of Uchiyama and Ebefors discloses the phase-shifting optical device of claim 15, wherein
Choo in view of Uchiyama and Ebefors does not explicitly disclose a fixed gap between the set of stator teeth and the set of rotor teeth is less than or equal to a threshold amount.
However, 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 MEMS device in Choo in view of Uchiyama and Ebefors such that a fixed gap between the set of stator teeth and the set of rotor teeth is less than or equal to a threshold amount in order to form the movable interferometric mirror that enables phase steps without slow mechanical stepping [0005], [0020]-[0022].
The Examiner notes that since the Applicant did not establish metes and bounds of “a threshold amount” the Examiner selected “a threshold amount” that meets claim limitation.
Regarding Claim 19, Choo in view of Uchiyama and Ebefors discloses the phase-shifting optical device of claim 15.
Choo in view of Uchiyama and Ebefors does not explicitly disclose a stiffness factor of the set of stator teeth and the set of rotor teeth is greater than a threshold amount.
However, 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 MEMS device in Choo in view of Uchiyama and Ebefors such that a stiffness factor of the set of stator teeth and the set of rotor teeth is greater than a threshold amount in order to form the movable interferometric mirror that enables phase steps without slow mechanical stepping [0005], [0020]-[0022].
The Examiner notes that since the Applicant did not establish metes and bounds of “a threshold amount” the Examiner selected “a threshold amount” that meets claim limitation.
Regarding Claim 20, Choo in view of Uchiyama and Ebefors discloses the phase-shifting optical device of claim 15, further comprising:
an input to receive an input optical beam (“ input light”); and
an output to output an output optical beam (“Reflected light”), wherein
the output optical beam is phase-shifted, relative to the input optical beam, by an amount associated with a position of the set of rotor teeth relative to the set of stator teeth. [0006]-[0007], [0041]-[0044]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m.
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/DMITRIY YEMELYANOV/Examiner, Art Unit 2891
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