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 .
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida et al (JP 6164658 B2) in view of Lee (US Patent Pub 20120308846 A1).
Regarding Claim 1, Uchida teaches:
a magnetic metamaterial comprising a perpendicularly magnetized film that is isotropic with respect to light (Uchida, fig. 1b teaches a perpendicularly magnetized film (layers 12 and 13, magnetized perpendicular to spin current Js). Paragraph 0039 (see provided translation) teaches 12 can be Fe, and paragraph 0047 teaches 13 can be Pt. The applicant’s own spec (paragraph 0025) teaches the perpendicularly magnetized film can be a multilayer film of Fe and Pt. Because these are the same materials used in the same manner, the structure will be isotropic with respect to light),
wherein the perpendicularly magnetized film has a plurality of unit structures arranged in an in-plane direction (Figure 1b teaches unit structures 14 in layer 12. Further, figure 3 (a-d) shows the unit structures (element 23 in this picture, which becomes 14 after processing) are in the same plane),
and wherein each of the plurality of unit structures has a size equal to or less than a wavelength of irradiated light (Paragraph 0058 teaches the unit structures have an average diameter of about 70 nm, which is below the example range of 300 nm to 2000 nm given in the Applicant’s own specification (paragraph 0019)).
Uchida fails to specifically teach the unit structures being periodically arranged in an in-plane direction and having three-fold rotational symmetry.
However, Lee teaches a magnetic material having unit structures periodically arranged in an in-plane direction and having three-fold rotational symmetry (Lee, fig. 7 teaches triangular unit structures periodically arranged in an in-plane direction and having three-fold symmetry).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Lee into the method of Uchida by forming the device having a plurality of unit structures periodically arranged in an in-plane direction, and wherein each of the plurality of unit structures has three-fold rotational symmetry. The ordinary artisan would have been motivated to modify Uchida in the manner set forth above for at least the purpose of adjusting the magnetic properties of the corresponding region based on a number and size of the unit structures (Lee, paragraph 0075).
Regarding Claim 2, Uchida in view of Lee teaches the magnetic metamaterial according to claim 1, wherein the perpendicularly magnetized film has a plurality of openings forming the plurality of unit structures (Lee, Fig. 7 and paragraph 0061 teaches a plurality of openings forming the plurality of unit structures).
Regarding Claim 3, Uchida in view of Lee teaches the magnetic metamaterial according to claim 2, wherein each of the plurality of openings is equilaterally triangular (Lee, fig. 7 and paragraph 0061 teach the plurality of openings are in the shape of an equilateral triangle).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida in view of Lee as applied to claims 1-3 above, and further in view of Araki et al (JP 2013113793 A).
Regarding Claim 4, Uchida in view of Lee teaches the magnetic metamaterial according to claim 1.
Uchida in view of Lee fails to teach a spin current control apparatus comprising a light irradiation unit configured to irradiate the magnetic metamaterial with light, wherein the light irradiation unit is configured to control an ellipticity angle and an azimuth angle of light irradiating the magnetic metamaterial.
However, Araki teaches a spin control apparatus comprising a light irradiation unit configured to irradiate the magnetic metamaterial with light, wherein the light irradiation unit is configured to control an ellipticity angle and an azimuth angle of light irradiating the magnetic metamaterial (Araki, paragraph 0041 (see provided translation) teaches the light irradiation unit having the capability to control the azimuth angle and the ellipticity angle of the light irradiating an object, which can be a magnetic metamaterial).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Araki into the method of Uchida in view of Lee by forming a spin current control apparatus having a light irradiation unit configured to irradiate the magnetic metamaterial with light, wherein the light irradiation unit is configured to control an ellipticity angle and an azimuth angle of light irradiating the magnetic metamaterial. The ordinary artisan would have been motivated to modify Uchida in view of Lee in the manner set forth above for at least the purpose of providing a three-dimensional measuring instrument capable of measuring the magnetic metamaterial with high accuracy and irradiating the surface of the magnetic material with light (Araki, abstract).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uchida in view of Lee and in further view of Araki.
Regarding Claim 5, Uchida teaches a method of controlling a spin current, the method comprising:
A magnetic metamaterial comprising a perpendicularly magnetized film that is isotropic with respect to light (Uchida, fig. 1b teaches a perpendicularly magnetized film (layers 12 and 13, magnetized perpendicular to spin current Js). Paragraph 0039 (see provided translation) teaches 12 can be Fe, and paragraph 0047 teaches 13 can be Pt. The applicant’s own spec (paragraph 0025) teaches the perpendicularly magnetized film can be a multilayer film of Fe and Pt. Because these are the same materials used in the same manner, the structure will be isotropic with respect to light),
wherein the perpendicularly magnetized film has a plurality of unit structures arranged in an in-plane direction (Figure 1b teaches unit structures 14 in layer 12. Further, figure 3 (a-d) shows the unit structures (element 23 in this picture, which becomes 14 after processing) are in the same plane),
and wherein each of the plurality of unit structures has a size equal to or less than a wavelength of irradiated light (Paragraph 0058 teaches the unit structures have an average diameter of about 70 nm, which is below the example range of 300 nm to 2000 nm given in the Applicant’s own specification (paragraph 0019)).
Uchida fails to specifically teach the unit structures being periodically arranged in an in-plane direction and having three-fold rotational symmetry.
However, Lee teaches a magnetic material having unit structures being periodically arranged in an in-plane direction and having three-fold rotational symmetry (Lee, Fig. 7 and paragraph 0061 teaches a plurality of openings forming the plurality of unit structures, the plurality of unit structures having three-fold symmetry).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Lee into the method of Uchida by forming a perpendicularly magnetized film having a plurality of unit structures periodically arranged in an in-plane direction, and wherein each of the plurality of unit structures has three-fold rotational symmetry. The ordinary artisan would have been motivated to modify Uchida in the manner set forth above for at least the purpose of adjusting the magnetic properties of the corresponding region based on a number, size, and shape of the unit structures (Lee, paragraph 0075).
Uchida in view of Lee fails to teach irradiating a magnetic metamaterial with light whose ellipticity angle and azimuth angle are controlled.
However, Araki teaches a spin control apparatus comprising a light irradiation unit configured to irradiate the magnetic metamaterial with light, wherein the light irradiation unit is configured to control an ellipticity angle and an azimuth angle of light irradiating the magnetic metamaterial (Araki, paragraph 0041 (see provided translation) teaches the light irradiation unit having the capability to control the azimuth angle and the ellipticity angle of the light irradiating an object, which can be a magnetic metamaterial).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Araki into the method of Uchida in view of Lee by forming a spin current control apparatus having a light irradiation unit configured to irradiate the magnetic metamaterial with light, wherein the light irradiation unit is configured to control an ellipticity angle and an azimuth angle of light irradiating the magnetic metamaterial. The ordinary artisan would have been motivated to modify Uchida in view of Lee in the manner set forth above for at least the purpose of providing a three-dimensional measuring instrument capable of measuring the magnetic metamaterial with high accuracy and irradiating the surface of the magnetic material with light (Araki, abstract).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 have been considered but are moot in view of the new grounds of rejection as applied above.
Conclusion
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/V.R.G./Examiner, Art Unit 2899
/JOHN M PARKER/Primary Examiner, Art Unit 2899
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