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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 3/14/2024. An initialed copy is attached to this Office Action.
Claim Rejections - 35 USC § 103
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-10 and 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (2020/0174163), hereinafter Han in view of Kim et al. (2016/0202566), hereinafter Kim.
Regarding claim 1, Han discloses, in figure 10, an optical member (102, meta-lens) (paragraph 0114) comprising: a substrate (110, substrate) (paragraph 0083); a metasurface structure configured of a plurality of arrayed microstructures (1st region, 2nd region, …. Nth region; 122_1, 122_2, 122_K, and 122_N) formed on at least one surface of the substrate (paragraph 0114), having a plurality of regions A (NS1, NS2, NSx, and NSN; nanostructures) each including, in case where a region including one or more of the microstructures is defined as a region X, a plurality of the regions X in which phase modulation amounts are different from each other (paragraphs 0109 and 0117).
Han does not specifically disclose a phase correction layer that is formed on at least one surface of the substrate and corrects a wavefront aberration of the metasurface structure, wherein in the metasurface structure, the phase modulation amounts in the regions X forming the region A gradually decrease in one direction, and the phase correction layer has a region in which the phase modulation amount changes, corresponding to the region A.
Han and Kim are related as optical lenses with regions of phase modulation.
Kim discloses a phase correction layer (52, isotropic diffraction layer) that is formed on at least one surface of the substrate (10, first substrate) and corrects a wavefront aberration of the metasurface structure (paragraph 0119 and paragraph 0085 discloses light passing through the phase modulation may be refracted), wherein in the metasurface structure, the phase modulation amounts in the regions X (one of the three steps portion; see annotated figure 13 below) forming the region A (overall step portion; see annotated figure 13 below) gradually decrease in one direction (figure 13 and paragraph 0120), and the phase correction layer has a region in which the phase modulation amount changes, corresponding to the region A
PNG
media_image1.png
270
390
media_image1.png
Greyscale
PNG
media_image2.png
223
298
media_image2.png
Greyscale
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Han with the phase correction layer and the phase modulation of Kim for the purpose of controlling the light through diffraction.
Regarding claim 2, Kim discloses wherein the phase correction layer has a region in which the phase modulation amount gradually decreases, corresponding to the region A (overall step portion; see annotated figure 13 above) (figure 13 and paragraph 0120).
Regarding claims 3 and 12, Kim discloses wherein the phase correction layer has a region in which the phase modulation amount changes, corresponding to two or less of the regions X (paragraph 0120 discloses changes in the phase delay of the phase modulation zone).
Regarding claims 4 and 13, Kim discloses wherein the phase correction layer has a region in which the phase modulation amount changes, corresponding to each of the regions X (paragraph 0120 discloses changes in the phase delay of the phase modulation zone).
Regarding claims 5 and 14, Kim discloses wherein the phase correction layer is a layer formed using a liquid crystal compound (paragraph 0123 discloses the isotropic diffraction layer is made of organic and inorganic material and helps to form the anisotropic liquid crystal lens).
Regarding claims 6 and 15, Kim discloses wherein the phase correction layer has a plurality of regions containing the liquid crystal compound having different alignment directions (paragraph 0123).
Regarding claims 7 and 16, Kim discloses wherein the alignment directions of the liquid crystal compounds continuously change in the region containing the liquid crystal compound having different alignment directions (paragraphs 0120 and 0123).
Regarding claims 8 and 17, Han discloses wherein the phase correction layer is formed of a member of which a height changes in accordance with the phase modulation amount (figure 10 and paragraph 0114).
Further regarding claims 8 and 17, Kim discloses wherein the phase correction layer is formed of a member of which a height changes in accordance with the phase modulation amount (figure 13 shows the different heights and step portions).
Regarding claims 9 and 18, Han discloses wherein in the member of which a height changes in accordance with the phase modulation amount, the height of the member continuously changes (figure 10 and paragraph 0114).
Further regarding claims 9 and 18, Kim discloses wherein in the member of which a height changes in accordance with the phase modulation amount, the height of the member continuously changes (paragraphs 0120 and 0123).
Regarding claims 10 and 19, Han discloses wherein the optical member is any of a transmissive lens, a transmissive diffraction grating, a reflective lens, or a reflective diffraction grating (paragraph 0072 discloses a meta-lens).
Further regarding claims 10 and 19, Kim discloses wherein the optical member is any of a transmissive lens, a transmissive diffraction grating, a reflective lens, or a reflective diffraction grating (paragraph 0134 discloses lens or diffraction grating).
Claim(s) 11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (2020/0174163), hereinafter Han in view of Kim et al. (2016/0202566), hereinafter Kim as applied to claims 1 and2 above, and further in view of Zhang, Mao-lian (CN 111039117), hereinafter Zhang.
Regarding claims 11 and 20, Han in view of Kim discloses all the limitations in common with claim 1, and such is hereby incorporated.
Han in view of Kim does not disclose wherein a wavelength of light to be targeted by the metasurface structure is 10 µm to 1 cm.
Kim and Zhang are related as light travelling through a lens in an optical system.
Zhang discloses wherein a wavelength of light to be targeted by the metasurface structure is 10 µm to 1 cm (Zhang discloses wavelength range of the light is 7~10 microns).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Han in view of Kim with the wavelength range of Zhang for the purpose of using specific wavelengths to direct light through a lens.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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, Stephone Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
Prosecution Insights