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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3-7-24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 2 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 3. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Election/Restrictions
Claims 5-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4-13-26.
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 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being fully anticipated by Kim et al. (US20220082794).
Re claim 1, Kim et al. teaches for example in fig. 1, 4, and 6c, a metasurface having a stepped substrate (fig. 4), comprising: the stepped substrate (71) and nanostructures (75); wherein the stepped substrate comprises a plurality of positions for phase design that are configured to modulate a phase of incident light (para. 0046, 0071, 0089, 0093-0095), and substrate heights of two adjacent positions for phase design are different (fig. 4; para. 0046, 0071, 0089, 0093-0095); substrate heights of respective positions for phase design are related to functions of the metasurface (para. 0046, 0071, 0089, 0093-0095); the nanostructures are respectively arranged at the respective positions for phase design (para. 0046, 0071, 0089, 0093-0095).
Re claim 2, Kim et al. further teaches for example in fig. 1, 4, and 6c, a filler material (EN11; para. 0097); the metasurface is covered by the filler material to form a top surface that is parallel to a bottom of the metasurface (fig. 4).
Re claim 3, Kim et al. further teaches for example in fig. 1, 4, and 6c, a filler material (EN11; para. 0097); the metasurface is covered by the filler material to form a top surface that is parallel to a bottom of the metasurface (fig. 4).
Re claim 4, Kim et al. further teaches for example in fig. 1, 4, and 6c, an anti-reflection film (77; para. 0050) or a protective layer; wherein the anti-reflection film or the protective layer is provided on the top surface of filler material (fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH P MARTINEZ whose telephone number is (571)272-2335. The examiner can normally be reached Monday-Thursday 9am to 7pm PACIFIC.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joseph P Martinez/ Primary Examiner, Art Unit 2872 8-6-26
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