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 .
Drawings
The drawings with 8 Sheets of Figs. 1-8 received on 12/18/2023 are acknowledged and accepted.
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) 1-7, 11,12,15,23,24, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (KR 20230023237 A).
Regarding Claim 1, Yang teaches (fig 1,7) a metasurface structure (“a metasurface element that switches depending on temperature in the visible light region”, para 24) comprising:
an array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25) including a phase change material (PCM) (VO2 is the PCM) (each nanorod sits on the VO2 film 3 and hence VO2 is considered to be part of the structure),
encoded with different holographic images (“a Fourier hologram utilizing a metasurface element that switches depending on temperature in the visible light region”, “The character images in the left column of Fig. 7 are composed of 32 Х 32 pixel binary images”, para 54) based on different phases of the PCM (VO2 is a PCM and hence has two phases), the different phases including a first phase and a second phase (first and second phases of VO2),
wherein phase transition between the first phase and the second phase (“a vanadium dioxide (VO2) thin film is a metal-to-insulator transition (MIT) material and exhibits insulator properties at low temperatures and metallic properties at high temperatures. The transition from the insulating phase of the VO2 thin film to the metallic phase occurs at a temperature of approximately 70°C.”, para 6) occurs when the metasurface structure is thermally tuned (“a metasurface element that switches depending on temperature in the visible light region”, para 24), and
wherein each sub-wavelength structure in the array (Au nanorod array 4 based on VO2 film 3, para 25) has a distinctive phase difference between the first phase and the second phase of the PCM (“the two middle columns of Fig. 7 represent the phase maps calculated by 2D FFT and the corresponding Au nanorod array, respectively”, para 54, the nanorod array has different positions for each of the phase maps, “At low temperatures, the holographic image is reconstructed as shown in the second column from the right, but at high temperatures, it appears as normal reflected light”, para 54. “the metasurface element according to the present embodiment can be utilized to implement forming a switchable image according to a temperature change around 700 nm.”, para 55)
Regarding Claim 2, Yang teaches the metasurface structure of claim 1,
wherein the different holographic images comprise a first holographic image (reconstructed image “K” in fig 7) displayed in the first phase (first phase at low temperatures) and a second holographic image (holographic image appears as normal reflected light) displayed in the second phase (second phase at high temperatures) (“At low temperatures, the holographic image is reconstructed as shown in the second column from the right, but at high temperatures, it appears as normal reflected light”, para 54).
Regarding Claim 3, Yang teaches the metasurface structure of claim 1,
wherein the phase change material (“a vanadium dioxide (VO .sub.2 ) thin film is a metal-to-insulator transition (MIT) material and exhibits insulator properties at low temperatures and metallic properties at high temperatures. The transition from the insulating phase of the VO2 thin film to the metallic phase occurs at a temperature of approximately 70°C.”, para 6) comprises vanadium dioxide (VO2).
Regarding Claim 4, Yang teaches the metasurface structure of claim 1,
wherein the metasurface structure (“a metasurface element that switches depending on temperature in the visible light region”, para 24) is optically excited by visible radiation (“a Fourier hologram using a metasurface element that is switched according to temperature in the visible ray region”, para 54).
Regarding Claim 5, Yang teaches the metasurface structure of claim 4,
wherein the visible radiation has a wavelength which ranges between 600 nm to 800 nm (“the metasurface element according to the present embodiment can be utilized to implement forming a switchable image according to a temperature change around 700 nm.”, para 55)
.
Regarding Claim 6, Yang teaches the metasurface structure of claim 1,
wherein the array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25) comprises a plurality of sub-wavelength micro-structures or nano-structures (nanorod array).
Regarding Claim 7, Yang teaches the metasurface structure of claim 1,
wherein the array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25) is in the form of nano-blocks having a height, a length and a width (“Each Au nanorod can be a rectangular hexahedral shape, have a specific width (w) and length (L), and the thickness can also be defined as an optimal value”, para 26).
Regarding Claim 11, Yang teaches (fig 1,7) a method for encoding information on a metasurface structure (“a metasurface element that switches depending on temperature in the visible light region”, para 24) including an array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25), comprising:
selecting the array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25) including a phase change material (PCM) (VO2 is the PCM) (each nanorod sits on the VO2 film 3 and hence VO2 is considered to be part of the structure) such that each sub-wavelength structure in the array (Au nanorod array 4 based on VO2 film 3, para 25) has a distinctive phase difference between a first phase and a second phase of the PCM (“the two middle columns of Fig. 7 represent the phase maps calculated by 2D FFT and the corresponding Au nanorod array, respectively”, para 54, the nanorod array has different positions for each of the phase maps, “At low temperatures, the holographic image is reconstructed as shown in the second column from the right, but at high temperatures, it appears as normal reflected light”, para 54. “the metasurface element according to the present embodiment can be utilized to implement forming a switchable image according to a temperature change around 700 nm.”, para 55); and
encoding at least two different holographic images (“a Fourier hologram utilizing a metasurface element that switches depending on temperature in the visible light region”, “The character images in the left column of Fig. 7 are composed of 32 Х 32 pixel binary images”, para 54) into the array of sub-wavelength structures based on the first phase and the second phase (first and second phases or crystalline and amorphous phases of VO2) of the PCM, wherein the first phase and the second phase are different (crystalline and amorphous phases are different).
Regarding Claim 12, Yang teaches the method of claim 11,
wherein selecting the array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25) comprises:
selecting dimensions (“Each Au nanorod can be a rectangular hexahedral shape, have a specific width (w) and length (L), and the thickness can also be defined as an optimal value”, para 26) and/or rotation states of respective sub-wavelength structures (nanorods) in the array.
Regarding Claim 15, Yang teaches the method of claim 11.
wherein the array of sub-wavelength structures (Au nanorod array 4 based on VO2 film 3, para 25, Yang) is in the form of nano-blocks having a height, a length and a width (“Each Au nanorod can be a rectangular hexahedral shape, have a specific width (w) and length (L), and the thickness can also be defined as an optimal value”, para 26).
Regarding Claim 23, Yang teaches the method of claim 11,
wherein the phase change material (“a vanadium dioxide (VO2) thin film is a metal-to-insulator transition (MIT) material and exhibits insulator properties at low temperatures and metallic properties at high temperatures. The transition from the insulating phase of the VO2 thin film to the metallic phase occurs at a temperature of approximately 70°C.”, para 6) comprises vanadium dioxide (VO2).
Regarding Claim 24, Yang teaches the method of claim 11,
wherein the at least two different holographic images (“At low temperatures, the holographic image is reconstructed as shown in the second column from the right, but at high temperatures, it appears as normal reflected light”, para 54. “the metasurface element according to the present embodiment can be utilized to implement forming a switchable image according to a temperature change around 700 nm.”, para 55) are generated when the metasurface structure (“a metasurface element that switches depending on temperature in the visible light region”, para 24) is optically excited by visible radiation (“a Fourier hologram using a metasurface element that is switched according to temperature in the visible ray region”, para 54).
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(s) 8-10,13,14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (KR 20230023237 A) in view of Yang et al (US 2023/0185237 A1, hereafter Yang’237).
Regarding Claim 8, Yang teaches the metasurface structure of claim 7.
However, Yang does not teach
wherein dimensions and/or rotation states of the array of the nano-blocks are optimized based on a meta-atom library.
Yang and Yang’237 are related as array of nano-blocks.
Yang’237 teaches (fig 10A, B)
wherein dimensions and/or rotation states of the array of the nano-blocks (“an optical structure may include rectangular-shaped GST nanorods placed on a gold mirror with a spacer layer”, para 120) are optimized based on a meta-atom library (“For transitioning between the two states (e.g., amorphous and crystalline states of the O-PCM), the metasurface design requires a library of four meta-atoms”, para 121).
Therefore, 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 nano-blocks of Yang to be optimized based on a meta-atom library of Yang’237 et al for the purpose of increasing optical efficiency (para 121).
Regarding Claim 9, Yang-Yang’237 teaches the metasurface structure of claim 8.
However, Yang does not teach
wherein the array of the nano-blocks comprises four types of nano-blocks which are selected to have distinctive phase differences between two phases of the PCM and high cross-polarized light transmittance.
Yang and Yang’237 are related as array of nano-blocks.
Yang’237 teaches (fig 10A, B),
wherein the array of the nano-blocks (“an optical structure may include rectangular-shaped GST nanorods placed on a gold mirror with a spacer layer”, para 120) comprises four types of nano-blocks (“the metasurface design requires a library of four meta-atoms”, para 121) which are selected to have distinctive phase differences (“Each of the selected meta-atoms provides a distinct combination of two phase values corresponding to the O-PCM states”, para 121) between two phases of the PCM (e.g., amorphous and crystalline states of the O-PCM, para 121) and high cross-polarized light transmittance (“a larger number of phase levels are expected to increase the optical efficiency”, para 121, optical efficiency indicates transmittance).
Therefore, 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 nano-blocks of Yang to have four nano-blocks of Yang’237 et al for the purpose of increasing optical efficiency (para 121).
Regarding Claim 10, Yang-Yang’237 teaches the metasurface structure of claim 9.
However, Yang does not teach
wherein the four nano-blocks are different in terms of at least one of their rotation states and dimensions.
Yang and Yang’237 are related as array of nano-blocks.
Yang’237 teaches (fig 10A, B),
wherein the four nano-blocks (“the metasurface design requires a library of four meta-atoms”, para 121) are different in terms of at least one of their rotation states and dimensions (“Assuming N is the number of phase levels covering the 2π phase range and M is the number of switchable meta device states, then one would need NM distinct meta-atom designs to realize M arbitrary functionalities”, para 121, the distinct meta-atom designs indicate different dimensions or rotation states)
Therefore, 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 nano-blocks of Yang to have four nano-blocks different in rotation states or dimensions of Yang’237 et al for the purpose of increasing optical efficiency (para 121).
Regarding Claim 13, Yang teaches the method of claim 11.
However, Yang does not teach
further comprising:
constructing a meta-atom library to show cross-polarized light transmittance and phase shift at different temperatures as a function of dimensions of the array of sub-wavelength structures.
Yang and Yang’237 are related as array of sub-wavelength structures.
Yang’237 teaches (fig 10A, B),
constructing a meta-atom library (“For transitioning between the two states (e.g., amorphous and crystalline states of the O-PCM), the metasurface design requires a library of four meta-atoms”, para 121) to show cross-polarized light transmittance (“a larger number of phase levels are expected to increase the optical efficiency”, para 121, optical efficiency indicates transmittance) and phase shift at different temperatures (“The MIT in VO2 can be induced by heating”, para 115) as a function of dimensions (“Assuming N is the number of phase levels covering the 2π phase range and M is the number of switchable meta device states, then one would need NM distinct meta-atom designs to realize M arbitrary functionalities”, para 121, the distinct meta-atom designs indicate different dimensions or rotation states) of the array of sub-wavelength structures (“an optical structure may include rectangular-shaped GST nanorods placed on a gold mirror with a spacer layer”, para 120).
Therefore, 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 structures of Yang to have using the meta-atom library of Yang’237 et al for the purpose of increasing optical efficiency (para 121).
Regarding Claim 14, Yang-Yang’237 teaches the method of claim 13.
However, Yang does not teach
wherein selecting the array of sub-wavelength structures comprises selecting, from the meta-atom library, four nano-blocks with distinctive phase differences and high cross-polarized light transmittance.
Yang and Yang’237 are related as array of sub-wavelength structures.
Yang’237 teaches (fig 10A, B),
wherein selecting the array of sub-wavelength structures (“an optical structure may include rectangular-shaped GST nanorods placed on a gold mirror with a spacer layer”, para 120) comprises selecting, from the meta-atom library, four nano-blocks (“the metasurface design requires a library of four meta-atoms”, para 121) with distinctive phase differences (“Each of the selected meta-atoms provides a distinct combination of two phase values corresponding to the O-PCM states”, para 121) between two phases of the PCM (e.g., amorphous and crystalline states of the O-PCM, para 121) and high cross-polarized light transmittance (“a larger number of phase levels are expected to increase the optical efficiency”, para 121, optical efficiency indicates transmittance).
Therefore, 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 sub-wavelength structures of Yang to have four nano-blocks of Yang’237 et al for the purpose of increasing optical efficiency (para 121).
Claim(s) 18-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (KR 20230023237 A) in view of Moon et al (US 2023/0400811 A1).
Regarding Claim 18, Yang teaches the method of claim 11.
However, Yang does not teach
wherein encoding the at least two different holographic images is based on a gradient descent-based iterative approach.
Yang and Moon are related as encoding holographic images
Moon teaches (fig 6-11),
wherein encoding the holographic images (“The optimized hologram profile (or, the second hologram profile) may be calculated by using the hologram profile optimization method”, “calculate an optimized hologram profile capable of minimizing the difference by using a gradient descent method”, para 82) is based on a gradient descent-based iterative approach.
Therefore, 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 encoding of Yang to use the gradient descent approach of Moon for the purpose of utilizing a common optimization technique (para 82) based on machine learning for noise filtering (para 2).
Regarding Claim 19, Yang-Moon teaches the method of claim 18.
However, Yang does not teach
wherein the gradient descent-based iterative approach is based on a machine learning model comprising three layers of an input layer, a hidden layer, and an output layer, corresponding to an incident light, a diffraction plane, and an image plane, respectively.
Yang and Moon are related as encoding holographic images
Moon teaches (fig 4, 6-11),
wherein the gradient descent-based iterative approach (“calculate an optimized hologram profile capable of minimizing the difference by using a gradient descent method”, para 82) is based on a machine learning model comprising three layers of an input layer (initial hologram profile, para 82), a hidden layer (“convert the encoded binary hologram profile to spatial frequency information by using a Fourier transform, tile the converted spatial frequency information to model high-order diffraction noise generated by a diffraction grating”, para 82), and an output layer (restored holographic image, para 82), corresponding to an incident light (initial hologram profile is the input), a diffraction plane (corresponding to the hidden layer in the optimization algorithm based on machine learning), and an image plane (restored holographic image is at the output plane), respectively.
Therefore, 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 encoding of Yang to use the gradient descent approach based on machine learning with three layers of Moon for the purpose of utilizing a common optimization technique (para 82) based on machine learning for noise filtering (para 2).
Regarding Claim 20, Yang teaches the method of claim 18,
encoding the two holographic images into the two different phases of the PCM (“a vanadium dioxide (VO2) thin film is a metal-to-insulator transition (MIT) material and exhibits insulator properties at low temperatures and metallic properties at high temperatures. The transition from the insulating phase of the VO2 thin film to the metallic phase occurs at a temperature of approximately 70°C.”, para 6, Yang) at two temperatures “At low temperatures, the holographic image is reconstructed as shown in the second column from the right, but at high temperatures, it appears as normal reflected light”, para 54. “the metasurface element according to the present embodiment can be utilized to implement forming a switchable image according to a temperature change around 700 nm.”, para 55)
However, Yang does not teach
wherein encoding the at least two different holographic images based on the gradient descent-based iterative approach comprises:
calculating two binary-phase holographic images based on the gradient descent-based iterative approach;
Yang and Moon are related as encoding holographic images
Moon teaches (fig 4, 6-11),
wherein encoding the holographic images (restored holographic image, para 82) based on the gradient descent-based iterative approach (“calculate an optimized hologram profile capable of minimizing the difference by using a gradient descent method”, para 82) comprises:
calculating binary-phase holographic images (“The hologram profile optimization method may encode an initial hologram profile into a binary hologram profile, para 82, this indicates binary phase holographic images are calculated) based on the gradient descent-based iterative approach (“calculate an optimized hologram profile capable of minimizing the difference by using a gradient descent method”, para 82);
Therefore, 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 encoding of Yang to use the gradient descent approach of Moon for the purpose of utilizing a common optimization technique (para 82) based on machine learning for noise filtering (para 2).
Claim(s) 21,22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (KR 20230023237 A) in view of Rho et al (US 2024/0061376 A1).
Regarding Claim 21, Yang teaches the method of claim 11.
However, Yang does not teach
wherein encoding the at least two different holographic images comprises applying additional work conditions including wavelength, polarization, and/or observation distance.
Yang and Rho are related as encoding two different holographic images on metasurfaces.
Rho teaches (fig 7),
wherein encoding the at least two different holographic images (“the first image and second image are two different images each indicating a helicopter and an airplane “, para 66) comprises applying additional work conditions including wavelength, polarization, and/or observation distance (“the transmitted beam (L2) with altered polarization state penetrates the metasurface 10 to project different hologram images depending on the polarization state”, para 68).
Therefore, 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 encoding of two holographic images on the metasurface of Yang to have additional work conditions of Rho for the purpose of providing a stimulus-responsive dynamic meta-holographic device configured to produce a plurality of hologram images in real time (para 5).
Regarding Claim 22, Yang-Rho teaches the method of claim 21.
However, Yang does not teach
wherein different observation distances and/or different polarizations are assigned for respective holographic images in addition to the different temperatures
Yang and Rho are related as encoding two different holographic images on metasurfaces.
Rho teaches (fig 7),
wherein different observation distances and/or different polarizations (“the transmitted beam (L2) with altered polarization state penetrates the metasurface 10 to project different hologram images depending on the polarization state”, para 68) are assigned for respective holographic images in addition to the different temperatures (“the polarization state when the incident beam (L1) penetrates the liquid crystal layer 20 may either be left circular polarized beam (L21) or right circular polarized beam (L22) depending on the outer stimulus applied to the liquid crystal layer 20 which penetrates the metasurface 10 and different hologram images may be projected”)..
Therefore, 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 encoding of two holographic images on the metasurface of Yang to have different observation distances and/or different polarizations of Rho for the purpose of providing a stimulus-responsive dynamic meta-holographic device configured to produce a plurality of hologram images in real time (para 5).
Allowable Subject Matter
Claims 16,17, objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 16 is allowable for at least the reason:
wherein selecting the array of sub-wavelength structures comprises: selecting all nano-blocks with cross-polarized light transmittance higher than an allowed minimum of transmittance Tmin and not exceeding an allowed maximum of transmittance Tmax at an arbitrary wavelength in the range of 600 nm to 800 nm; comparing every two nano-blocks selected from the previous selecting step, and finding pairs with phase differences between −Δφmax and Δφmax at a first temperature and π−Δφmax and π + Δφmax at a second temperature at one wavelength where Δφmax is an allowed maximum error in phase differences; obtaining pairs of nano-blocks satisfying the state transitions of 0 to 0 and 0 to π; and exchanging the nano-block’s length and width of the selected pair of nano-blocks to obtain another pair satisfying π to π and π to 0 state transitions.
Claim 17 is dependent on claim 16 and is allowable for at least the same reason as claim 16.
Conclusion
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/JYOTSNA V DABBI/Examiner, Art Unit 2872 11/30/2025