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
Claims 1-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/12/2026.
Applicant's election with traverse of Invention I in the reply filed on 1/12/2026 is acknowledged. The traversal is on the ground(s) that claim the process cannot be used in a materially different device or that a materially different device cannot the claim process. This is not found persuasive because as stated in the restriction requirement, it is not necessary to perform all functions of the claimed method to operate of the claimed device.
The requirement is still deemed proper and is therefore made FINAL.
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 9-10, 13-17, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7517096 B2 to Park.
Regarding Claim 9. Park discloses a system for modulating one or more beams of light using a microelectromechanical structure, the microelectromechanical structure comprising a plurality of electrostatically deformable diffractive elements (Fig. 5A), each diffractive element comprising a pedestal (Fig. 5B support structure 423) and a flexible reflective member; the reflective member having an elongated shape of a long dimension and a short dimension (See at least Fig. 5A reflecting electrode 424 and 421), the reflective member comprising a supported part and at least one unsupported part (See at least Fig. 5B); and a substrate supporting one or more bottom electrodes or serving as a bottom electrode (See Fig. 5B substrate 426 and electrode 425); the diffractive elements being configured to reflect the light as planar mirrors (as shown in Fig. 5C) and to flex independently from other diffractive elements upon application of a predetermined electrostatic force (Col 5 lines 24-26) corresponding to each diffractive element; wherein each diffractive element is either flexed continuously through a range of deflected positions or held stably at a single deflected position to create a desired grating configuration (See Fig. 5A-5D Col 4 lines 56-59).
Regarding Claim 10. Park further discloses the diffractive elements are asymmetric having an inverted L-shaped cross section (See at least Fig. 5B), wherein, in one configuration of the microelectromechanical structure, each of the diffractive elements is configured to receive the same predetermined electrostatic force and flex upon application of the same predetermined electrostatic force (See Col 4 lines 56-59 where micro-mirror light modulator is capable of operating is such manner).
Regarding Claim 13. Park further discloses the reflective member is in electrical contact with a source of control voltage (Col 3 lines 3-6).
Regarding Claim 14. Park further discloses the reflective member is configured to be held in a resting position when the control voltage is 0 V (Col 3 lines 3-6).
Regarding Claim 15. Park further discloses the reflective member is configured to be movable continuously through a range of flexed positions in a predetermined pattern when the control voltage is greater than 0 V and applied incrementally, with each increment corresponding to each flexed position within the range (Col 3 lines 3-6).
Regarding Claim 16. Park further discloses the reflective member is configured to be movable from the resting position to be held stably at a single position when the control voltage is greater than 0 V and corresponds to the single position (Col 3 lines 3-6).
Regarding Claim 17. Park further discloses the reflective member comprises one or more layers of electrically conductive material (Fig. 5A reflecting electrode 421), and one or more layers of additional material placed over the electrically conductive material for conferring one or more of an optical function or a structural function (Fig. 5A reflecting electrode substrate 424).
Regarding Claim 19. Park further discloses the one or more bottom electrodes comprise one or more layers of electrically conductive material (Fig. 5B an electrode wiring layer 425), and one or more layers of additional material placed over the electrically conductive material for conferring one or more of an optical function, a structural function, or an electrical function (See at least Fig. 5B electrode 422, and substrate 426).
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 9 in view of US 20040114210 A1 to Fitzpatrick et al.
Regarding Claim 11. As stated above, Park discloses all the limitations of base claim 9.
Park does not specifically disclose the diffractive elements are symmetric having a T-shaped cross section.
However, Fitzpatrick the diffractive elements are symmetric having a T-shaped cross section (See Fig. 2a and Fig. 2b), as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skills in the art before Applicant’s effective filing date to include that the diffractive elements are symmetric having a T-shaped cross section.
Regarding Claim 12. Fitzpatrick further discloses each diffractive element flexes about an axis parallel to the long dimension of each reflective member to vary a curvature of each reflective member to create the desired grating configuration (See Fig. 2a-2d).
Claims 18 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 17 in view of US 20040114210 A1 to Fitzpatrick et al.
Regarding Claim 18. As stated above, Park discloses all the limitations of base claim 17.
Park does not specifically disclose the one or more layers comprise aluminum, gold, a refractory metal having a reflection enhancement coating, a material for enhancing optical reflectivity, or a combination thereof.
However, Fitzpatrick the one or more layers comprise aluminum, gold, a refractory metal having a reflection enhancement coating, a material for enhancing optical reflectivity, or a combination thereof (para 38). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Therefore, it would have been obvious to a person having ordinary skills in the art before Applicant’s effective filing date to include that the one or more layers comprise aluminum, gold, a refractory metal having a reflection enhancement coating, a material for enhancing optical reflectivity, or a combination thereof.
Claims 20 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 19 in view of US 20040114210 A1 to Fitzpatrick et al.
Regarding Claim 20. As stated above, Park discloses all the limitations of base claim 19.
Park does not specifically disclose the one or more layers comprise aluminum, enhanced reflectivity aluminum, silver, gold, a refractory metal, a doped semiconductor with a reflection altering coating, a dielectric barrier, or a combination thereof.
However, Fitzpatrick the one or more layers comprise aluminum, enhanced reflectivity aluminum, silver, gold, a refractory metal, a doped semiconductor with a reflection altering coating, a dielectric barrier, or a combination thereof (para 38). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Therefore, it would have been obvious to a person having ordinary skills in the art before Applicant’s effective filing date to include that the one or more layers comprise aluminum, enhanced reflectivity aluminum, silver, gold, a refractory metal, a doped semiconductor with a reflection altering coating, a dielectric barrier, or a combination thereof.
Conclusion
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/EDMOND C LAU/ Primary Examiner, Art Unit 2871