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 .
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.
Election/Restrictions
Claims 17-31 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 25, 2025.
Information Disclosure Statement
In the IDS of November 7, 2023, citation numbers 23, 24, and 25, under Non-Patent Literature Documents, have been lined through. It appears that the titles of the documents are incorrect and inconsistent with what was submitted on November 7, 2023. The corrected citations are:
Y. Hu, X. Luo, Y. Chen, Q. Liu, X. Li, Y. Wang, N. Liu, H. Duan, 3D-Integrated metasurfaces for full colour holography, Light Sci Appl 2019, 8, 86.
Q. Wei, B. Sain, Y. Wang, B. Reineke, X. Li, L. Huang, T. Zentgraf, Simultaneous Spectral and Spatial Modulation for Color Printing and Holography Using all-dielectric metasurfaces, Nano Lett. 2019, 19, 8964.
C. Overvig, S. Shrestha, S. C. Malek, M. Lu, A. Stein, C. Zheng, N. Yu, Dielectric metasurfaces for complete and independent control of the optical amplitude and phase, Light Sci. Appl. 2019, 8, 92.
The above references are cited in the attached PTO-892 and copies of the documents are attached.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to dependent claim 16, the limitation, “optionally: wherein the optical-printing image contains identification information, and/or wherein the one or more holographic images contain security and/or authentication information” renders the scope of the claim unclear. Namely, the use of the word “optionally” makes it unclear which structures are required to meet the limitation of the claim. For examination purposes, it is presumed that the “article” comprises “the optical-printing image contains identification information, and/or wherein the one or more holographic images contain security and/or authentication information.”
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.
Claims 1-13, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei et al., “Simultaneous Spectral and Spatial Modulation for Color Printing and Holography Using All-Dielectric Metasurfaces”, Nano Lett. 2019 19, 8964-8971.
In regard to claim 1, Wei et al. discloses a metasurface structure (see e.g. page 8965, second full paragraph for metasurface) comprising (see e.g. Figures 1-5):
a plurality of sub-wavelength structures (denoted “meta-atoms, see e.g. page 8975, second full paragraph and Figure 2a) operable to manipulate optical signal/radiation to which metasurface structure is exposed to or irradiated with (see e.g. page 8965, last paragraph-page 8966 for the response of the meta-atoms when subjected to light),
the plurality of sub-wavelength structures (denoted “meta-atoms, see e.g. page 8975, second full paragraph and Figure 2a) being arranged such that:
the metasurface structure (see e.g. page 8965, second full paragraph for metasurface) is operable to display a first image based on image data embedded or encoded by the sub-wavelength structures (see e.g. page 8965, first paragraph under Results where it is noted that there is a color image in the incoherent color printing mode) when the metasurface structure is exposed to or irradiated with a first optical signal/radiation (see e.g. Figure 5a,b and page 8969 where white light is used to view the printed image of dark green and orange earth map), and
the metasurface structure (see e.g. page 8965, second full paragraph for metasurface) is operable to display a second image based on image data embedded or encoded by the sub-wavelength structures (see e.g. page 8965, first paragraph under Results section where it is noted that a color image is encrypted with holographic images) when the metasurface structure is exposed to or irradiated with a second optical signal/radiation different from the first optical signal/radiation (see e.g. Figure 5c-e and page 8969 where a green and red laser are used to view the holographic image of red blossoms and green leaves);
wherein the first image comprises an optical-printing image (see e.g. Figure 5a,b and page 8969 where white light is used to view the printed image of dark green and orange earth map) and the second image comprises one or more holographic images (see e.g. Figure 5c-8 and page 8969 where a green and red laser are used to view the holographic image of red blossoms and green leaves).
In regard to claim 2, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the optical-printing image comprises a multi-color image (see e.g. Figure 5a,b and page 8969 where white light is used to view the printed image of dark green and orange earth map); and
wherein each of the one or more holographic images comprises a monochromatic image (see e.g. Figure 5c-e and page 8969 where a green and red laser are used to view the holographic image of red blossoms and green leaves where the image will provide a monochromatic image corresponding to the wavelength of the laser light).
In regard to claim 3, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the first optical signal/radiation comprises white light (see e.g. Figure 5a,b and page 8969 where white light is used to view the printed image of dark green and orange earth map); and
wherein the second optical signal/radiation comprises a laser with a specific combination of wavelength, polarization, spatial angle, and/or focal distance (see e.g. Figure 5c-e and page 8969 where a green and red laser is used to view the holographic image of red blossoms and green leaves where the image will provide a monochromatic image corresponding to the wavelength of the laser light).
In regard to claim 4, Wei et al. discloses the limitations as applied to claim 3 above, and
wherein the one or more holographic images are multiple (see e.g. Figure 5c-e and page 8969 and note that the image of 5d contains the holographic image from irradiation at both 532nm and 650 nm, thus two images are combined),
wherein the second optical signal/radiation comprises lasers with different combinations of the wavelength, polarization, spatial angle, and/or focal distance (see e.g. Figures 5c-e and note that the optical signal/radiation comprises lasers with different wavelengths) such that each of the one or more holographic images is displayed when the metasurface structure is exposed to or irradiated with a laser with a respective combination of the wavelength, polarization, spatial angle, and/or focal distance (see e.g. Figure 5c-e and page 8969 and note that the image of 5d contains the holographic image from irradiation at both 532nm and 650 nm, thus two images are combined), and
wherein respective colors of the one or more holographic images are different (see e.g. Figure 5d and 3 and note that the colors are red and green).
In regard to claim 5, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the plurality of sub-wavelength structures (denoted “meta-atoms”, see e.g. page 8975, second full paragraph and Figure 2a) comprises a plurality of sub-wavelength micro-structures or nano-structures (denoted “nano-fins”, see e.g. page 8975 and Figure 2a and note that the “meta-atoms” comprise “nano-fins”).
In regard to claim 6, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the plurality of sub-wavelength structures (denoted “meta-atoms”, see e.g. page 8975, second full paragraph and Figure 2a) comprises a plurality of nano-blocks (see e.g. Figure 2a and page 8966, first full paragraph for building blocks).
In regard to claim 7, Wei et al. discloses the limitations as applied to claim 6 above, but and
wherein the plurality of nano-blocks is in the form of generally rectangular prisms with height, length and width (see e.g. Figure 2a and page 8966, first full paragraph for height, length, width of blocks);
wherein the plurality of nano-blocks comprises (see e.g. Figure 2a and page 8699, first full paragraph):
at least one first nano-block with a first size in terms of one or more of height, length or width (see e.g. Figure 2a and page 8966, first full paragraph for selecting parameters to select for various colors); and
at least one second nano-block with a second size different from the first size in terms of one or more of height, length or width (see e.g. Figure 2a and page 8966, first full paragraph for selecting parameters to select for various colors), and
wherein the at least one first nano-block and the at least one second nano-block have different optical transmission and/or scattering properties (see e.g. Figure 2a and page 8966, first full paragraph for selecting parameters to select for red and green wavelength).
In regard to claim 8, Wei et al. discloses the limitations as applied to claim 7 above, and
wherein the plurality of nano-blocks further comprises (see e.g. page 8969, Discussion, second paragraph):
at least one third nano-block with a third size different from the first size and the second size in terms of one or more of height, length or width (see e.g. page 8969, Discussion, second paragraph and page 8966, first full paragraph, the parameters may be varied to achieve different holographic information at three wavelengths);
wherein the at least one first nano-block, the at least one second nano-block, and the at least one third nano-block have different optical transmission and/or scattering properties (see e.g. page 8969, Discussion, second paragraph and page 8966, first full paragraph, the parameters may be varied to achieve different holographic information at three wavelengths).
In regard to claim 9, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the plurality of sub-wavelength structures is distributed evenly or unevenly (see e.g. Figure 4b for distribution of fabricated metasurfaces).
In regard to claim 10, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the plurality of sub-wavelength structures is distributed unevenly and correspond to unevenly distributed pixels (see e.g. Figure 4b for distribution of fabricated metasurfaces) where multiple kinds of super-pixel regions are defined with the plurality of sub-wavelength structures in different sizes and filling densities (see e.g. Figure 4b and note that the regions may be split into “super-pixel regions” that have different sizes and filling densities).
In regard to claim 11, Wei et al. discloses the limitations as applied to claim 10 above, and
wherein the multiple kinds of super-pixel regions comprise three super-pixel regions which include an RGB region and two monochromatic regions with different pixel periods (see e.g. Figure 2a for visual representation of pixel regions and page 8969, Discussion, second paragraph and page 8966, first full paragraph, where the parameters may be varied to achieve different holographic information at three wavelengths to achieve and RGB tricolor pattern).
In regard to claim 12, Wei et al. discloses the limitations as applied to claim 11 above, and
wherein the RGB region comprises two or more sub-pixels to represent two or more different colors (see e.g. Figure 2a for visual representation of pixel regions and page 8969, Discussion, second paragraph and page 8966, first full paragraph, where the parameters may be varied to achieve different holographic information at three wavelengths to achieve and RGB tricolor pattern and would require three types of pixel areas).
In regard to claim 13, Wei et al. discloses the limitations as applied to claim 12 above, and
wherein the optical-printing image is realized by the three super-pixel regions, and the one or more holographic images are realized by a colored super-pixels and sub-pixels of the regions (see e.g. Figure 2a for visual representation of pixel regions and page 8969, Discussion, second paragraph and page 8966, first full paragraph, where the parameters may be varied to achieve different holographic information at three wavelengths to achieve and RGB tricolor pattern and would require three types of pixel areas).
In regard to claim 15, Wei et al. discloses the limitations as applied to claim 1 above, and
wherein the plurality of sub-wavelength structures has the same orientation or different orientations (see e.g. Figure 4b for varied orientations).
In regard to claim 16, Wei et al. discloses an article (see e.g. page 8969, 3rd full paragraph for security device) comprising at least one of the metasurface structure of claim 1 (see e.g. rejection of claim 1); and
optionally: wherein the optical-printing image contains identification information (i.e. QR code, see e.g. page 8969 3rd full paragraph), and/or wherein the one or more holographic images contain security and/or authentication information (i.e. QR code, see e.g. page 8969 3rd full paragraph for embedded security feature using holographic images).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wei et al., “Simultaneous Spectral and Spatial Modulation for Color Printing and Holography Using All-Dielectric Metasurfaces”, Nano Lett. 2019 19, 8964-8971 in view of Ahadi et al. (US 2021/0194143 A1).
In regard to claim 14, Wei et al. discloses the limitations as applied to claim 1 above, but fails to disclose
wherein the plurality of sub-wavelength structures is arranged in one monolayer.
However, Ahadi et al. discloses using monolayer graphene as a metamaterial (see e.g. paragraph [0260]).
Given the teachings of Ahadi et al., 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 device of Wei et al. with wherein the plurality of sub-wavelength structures is arranged in one monolayer.
Substituting monolayer materials at a particular size (i.e. length, width, etc,) would provide a device that may be operated in a particular range using an art recognized material for achieving the characteristics of a meta surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following reference is cited for disclosing related limitations of the applicant’s claimed and disclosed invention: Bao (CN 111984209), of which an English translation is attached.
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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871