DETAILED ACTION – Final Rejection
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 .
Response to Amendment
This action is responsive to the amendment and remarks received December 31, 2025. Claim 1 is amended. No claims are newly added or canceled. Claims 1-11 are currently pending in the application.
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.
Claim(s) 1 and 3-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakazawa et al. (US Patent 10,170,826, hereinafter referred to as Nakazawa). Nakazawa anticipates claims:
1. An intelligent reflecting device comprising:
a first substrate (1) including a first base and a plurality of patch electrodes (15) arranged in a matrix at regular intervals along a first direction and a second direction (see figures 1 and 2);
a second substrate (51) including a second base and a common electrode (slot electrodes 55 are interpreted as the common electrode) opposed to the plurality of patch electrodes;
a liquid crystal layer (LC) held between the first substrate and the second substrate;
a heat exchanger (heater resistive film 68 is interpreted as the heat exchanger, see figure 13 and column 32, lines 47-58) provided in contact with the second substrate (see figure 1 and 13; all the elements are interpreted as being in thermal contact);
a temperature sensor that detects a temperature of the liquid crystal layer (see column 34, lines 39-43, the temperature sensor provides the detected temperature); and
a temperature controller that controls the heat exchanger based on the temperature detected by the temperature sensor (the temperature controller controls the heater), wherein
the common electrode is on a first surface (the top surface of substrate 51 is interpreted as the first surface) of the second substrate (51),
the heat exchanger is on a second surface (the bottom surface of the substrate 51 is interpreted as the second surface) of the second substrate (51) opposite to the first surface on which the common electrode is located (see figure 1, the top and bottom surfaces of 51 are opposite each other),
an incident wave is incident on an incidence surface (see figure 1, the top surface of 1 is interpreted as the incidence surface) of the first substrate, and
the heat exchanger is provided on a surface opposed to the incidence surface (see figure 1 and 13; all components of the device are interpreted as being “on” all other surfaces and components in the device).
3. The intelligent reflecting device according to claim 1, further comprising: a plurality of connection lines (7p) arranged along the first direction and extending along the second direction, wherein the plurality of patch electrodes extend along the second direction and form a plurality of patch electrode groups arranged along the first direction, and the plurality of patch electrodes of each of the patch electrode groups are electrically connected through the connection lines (see figure 4).
4. The intelligent reflecting device according to claim 1, wherein each of the plurality of patch electrodes is connected to a switching element (TFT 10 are switching elements, see figure 1 and column 23, lines 56-61).
5. The intelligent reflecting device according to claim 1, wherein the temperature sensor is provided in contact with the first substrate or the second substrate (the temperature sensor is in thermal contact with both substrates).
6. The intelligent reflecting device according to claim 1, wherein the temperature sensor is built in the intelligent reflecting device (the temperature sensor is interpreted as being built in the device it’s located in).
7. The intelligent reflecting device according to claim 1, wherein the temperature controller controls the heat exchanger such that a temperature of the liquid crystal layer is ±30°C (see column 31, lines 1-15).
8. The intelligent reflecting device according to claim 1, wherein the temperature controller is configured to control the heat exchanger such that a temperature of the liquid crystal layer is ±20°C (see column 31, lines 1-15; the temperature is taught at 30 degrees, which is interpreted as being within plus or minus 20 degrees, of 30 degrees).
9. The intelligent reflecting device according to claim 1, wherein the temperature controller is configured to control the heat exchanger such that a change in a dielectric constant of the liquid crystal layer is within ±20% (see column 31, lines 1-15; the temperature is to be controlled to be a certain level, so the change in dielectric constant is interpreted as 0).
10. The intelligent reflecting device according to claim 1, wherein the temperature controller is configured to control the heat exchanger such that a change in a dielectric constant of the liquid crystal layer is within ±10% (see column 31, lines 1-15; the temperature is to be controlled to be a certain level, so the change in dielectric constant is interpreted as 0).
11. The intelligent reflecting device according to claim 1, wherein the temperature controller is configured to control the heat exchanger so as to maintain the liquid crystal layer at a temperature equal to or lower than a phase transition temperature (see column 31, lines 1-15).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakazawa, as previously applied to claim 1, in view of Uetsuka et al. (US Patent 10,989,981, hereinafter referred to as Uetsuka).
With respect to claim 2, Nakazawa discloses the limitations of claim 1 as previously stated. Nakazawa is silent to the heat exchanger being a Peltier element.
Uetsuka discloses an optical beam deflection module (see title) that similarly includes liquid crystal (45) and discloses a peltier element (102, see figure 10) can be used for temperature control, giving the benefit of being able to both heat and cool the device to maintain a desired constant temperature.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the heater of Nakazawa with a peltier element, as disclosed in Uetsuka, for the benefit of allowing both heating and cooling of the device to maintain a desired constant temperature.
Response to Arguments
Applicant's arguments filed December 31, 2025 have been fully considered but they are not persuasive. The examiner has thoroughly reviewed applicant’s arguments but believes the cited reference fully meets the limitations as presented above.
Applicant’s sole substantive argument, see pages 5-7, is made on the basis that Nakazawa (or Uetsuka, or in combination) fails to disclose “the common electrode is on a first surface of the second substrate, the heat exchanger is on a second surface of the second substrate opposite to the first surface on which the common electrode is located, an incident wave is incident on an incidence surface of the first substrate, and the heat exchanger is provided on a surface opposed to the incidence surface,” as recited by amended claim 1.
The examiner respectfully disagrees. As detailed above, and previously stated in the non-final rejection mailed October 01, 2025, the examiner interprets Nakazawa such that all components of the device are interpreted as being “on” all other surfaces and components in the device. As such, the common electrode and heat exchanger are indeed “on” the surfaces as required in the claim. For this reason, applicant’s arguments are not persuasive. This interpretation is even directly supported by the language used in claim 1, as the heat exchanger is required to be on a second surface of the second substrate and also on “a surface opposed to the incidence surface.” Applicant cites figure 7 of the instant disclosure as illustrative of this feature, which shows the heat exchanger PT being only directly on a single surface, yet the claim specifically requires the heat exchanger to be “on” two different surfaces. Applicant appears to be interpreting the term “on” as meaning “directly on” but this is not supported by the language used in claim 1, and nowhere in the specification could the examiner find the phrase “directly on.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M BEDTELYON whose telephone number is (571)270-1290. The examiner can normally be reached 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 571-272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/John Bedtelyon/Primary Examiner, Art Unit 2874
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