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.
Response to Amendment
The amendment filed December 17th, 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-4, 9-14, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2008/0106672) in view of Crouse (US 2011/0043918).
Regarding claim 1, Kim discloses a high contrast grating polarizer with adjustable polarization characteristics (Figs. 1, 6, and Fig. 10, element 5), comprising:
a transparent substrate (210, 710); and
a plasma metal antenna structure layer (231, 731), a refractive index electrically-tunable switching layer (707), a first electrode layer (725), and a second electrode layer located on the transparent substrate (767), wherein the first electrode layer and the second electrode layer are used for applying an external voltage (as shown in Fig. 10, electrodes 725 and 767 work in tandem to create an external voltage similar to what is disclosed in [0105]), the plasma metal antenna structure layer comprises a high contrast grating (737) and a plasma metal antenna structure (731) interleaved with the high contrast grating (as shown in Fig. 10, 737 is interleaved with 731), the high contrast grating comprises a semiconductor grating or a dielectric grating ([0094], “planarization layer 437 may include a resin having a superior light-transmitting rate such as polycarbonate or a similar material”), the high contrast grating is used for transmitting light in a first polarization direction ([0052], “polarizing plate 5 reflects the s-polarized light, and transmits the p-polarized light”), and the first polarization direction is perpendicular to the second polarization direction ([0052], “a light beam L3 transmitting through the polarizing plate 5 may include a p-polarized light component. The reflected s-polarized light is reflected”, s and p polarized light have perpendicular polarization directions).
Kim does not specifically disclose the plasma metal antenna structure is used for transmitting light in a second polarization direction.
However Crouse, in the same field of endeavor because both teach a grating polarizer, teaches the plasma metal antenna structure (Figs. 13-14 and 18, wires 218 and 220) is used for transmitting light in a second polarization direction ([0154], “selectively transmitting TM-polarized light and one of the grooves 226 selectively transmitting TE-polarized light”, as disclosed by [0154], light in both polarization directions are transmitted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the high contrast grating polarizer of Kim with the plasma metal antenna structure is used for transmitting light in a second polarization direction as taught by Crouse, for the purpose of selectively transmitting a polarization state ([0010]).
Regarding claim 2, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 3, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer is located between the high contrast grating and the plasma metal antenna structure; or the refractive index electrically-tunable switching layer is located above the plasma metal antenna structure layer (as is shown in Fig. 10, the switching layer 707 is formed above the plasma metal structure).
Regarding claim 4, modified Kim teaches as is set forth in claim 3 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 9, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein the plasma metal antenna structure is located in at least one position among a bottom, a left wall, or a right wall of a high contrast grating gap (as shown in Fig. 10, 731 is located at a bottom position of the grating gap 737).
Regarding claim 10, modified Kim teaches as is set forth in claim 9 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 11, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein the plasma metal antenna structure is located in at least one position among a top, a left wall, or a right wall of each high contrast grating strip (as shown in Fig. 10, 731 is located at a right/left wall of each grating strip 737).
Regarding claim 12, modified Kim teaches as is set forth in claim 11 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 13, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein a protective layer (723) is provided between the plasma metal antenna structure layer (731) and the refractive index electrically-tunable switching layer (707, as shown in Fig. 10, 723 is between 707 and 731).
Regarding claim 14, modified Kim teaches as is set forth in claim 13 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 17, modified Kim teaches as is set forth in claim 1 rejection above and Kim further discloses wherein the plasma metal antenna structure layer has a periodic structure in length and width directions of the transparent substrate (as shown in Fig. 6, 231 has a periodic structure); or the plasma metal antenna structure layer has a periodic structure in the length direction of the transparent substrate and a non-periodic structure in the width direction of the transparent substrate; or the plasma metal antenna structure layer has a periodic structure in the width direction of the transparent substrate and a non-periodic structure in the length direction of the transparent substrate; or the plasma metal antenna structure layer has a non-periodic structure in the length and width directions of the transparent substrate (the first condition is satisfied by Fig. 6).
Regarding claim 18, modified Kim teaches as is set forth in claim 17 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Claims 5-8 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2008/0106672) in view of Crouse (US 2011/0043918), further in view of Sugita (US 2008/0094547).
Regarding claim 5, modified Kim teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the first electrode layer is located above the refractive index electrically-tunable switching layer, and the second electrode layer is connected to the plasma metal antenna structure; or the first electrode layer is located above the refractive index electrically-tunable switching layer, and the second electrode layer is located below the plasma metal antenna structure layer; or the first electrode layer is located on a left side of the refractive index electrically-tunable switching layer, and the second electrode layer is located on a right side of the refractive index electrically-tunable switching layer.
However Sugita, in the same field of endeavor because both teach a grating polarizer, teaches wherein the first electrode layer (Fig. 15, element 50, [0086], “a transparent electrode 50 to serve as the common electrode”) is located above the refractive index electrically-tunable switching layer (12), and the second electrode layer (18) is connected to the plasma metal antenna structure ([0086], “WGP 18 is divided into discrete portions which are paired respectively with as many sub-pixels 36 and the discrete portions are used as pixel electrodes”); or the first electrode layer is located above the refractive index electrically-tunable switching layer, and the second electrode layer is located below the plasma metal antenna structure layer; or the first electrode layer is located on a left side of the refractive index electrically-tunable switching layer, and the second electrode layer is located on a right side of the refractive index electrically-tunable switching layer (the first condition is satisfied by Fig. 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the high contrast grating polarizer of Kim in view of Crouse with the wherein the first electrode layer is located above the refractive index electrically-tunable switching layer, and the second electrode layer is connected to the plasma metal antenna structure; or the first electrode layer is located above the refractive index electrically-tunable switching layer, and the second electrode layer is located below the plasma metal antenna structure layer; or the first electrode layer is located on a left side of the refractive index electrically-tunable switching layer, and the second electrode layer is located on a right side of the refractive index electrically-tunable switching layer as taught by Sugita, for the purpose of reducing the number of components in the system ([0087]).
Regarding claim 6, modified Kim teaches as is set forth in claim 5 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 7, modified Kim teaches as is set forth in claim 5 rejection above and Kim further discloses wherein both the first electrode layer and the second electrode layer are transparent conductive films ([0091], “The polarizing-transmitted light by the first polarizing part 430 is incident to the liquid crystal layer 407 through the pixel electrodes 425”); or the first electrode layer is a transparent conductive film, and the second electrode layer is a portion of the plasma metal antenna structure (the first condition is satisfied by Fig. 7).
Regarding claim 8, modified Kim teaches as is set forth in claim 7 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Regarding claim 15, modified Kim teaches as is set forth in claim 13 rejection above but does not specifically disclose wherein the protective layer comprises at least one of a SiN layer, an Al2O3 layer, or a SiO2 layer.
However Sugita, in the same field of endeavor because both teach a grating polarizer, teaches wherein the protective layer comprises at least one of a SiN layer, an Al2O3 layer, or a SiO2 layer ([0053], “The insulation layer 16 should also have a small refractive index and silicon oxide SiO.sub.2 is a suitable material for the insulation layer 16”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the high contrast grating polarizer of Kim in view of Crouse with the wherein the protective layer comprises at least one of a SiN layer, an Al2O3 layer, or a SiO2 layer as taught by Sugita, for the purpose of reducing the number of components in the system ([0087]).
Regarding claim 16, modified Kim teaches as is set forth in claim 15 rejection above and Kim further discloses wherein the refractive index electrically-tunable switching layer (707) comprises a liquid crystal layer ([0124], “liquid crystal layer 707”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/MATTHEW Y LEE/Examiner, Art Unit 2872 11 March 2026