DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/27/2024 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statement.
Specification
The disclosure is objected to because of the following informalities:
in the specification paragraph [0109], “The first electrode 41 is further provided on the surface of the diaphragm substrate 21 facing the first substrate 10, and the first electrode 41 is formed to extend from a region overlapping the movable portion 221 to a region overlapping the support portion 222 when viewed from the Z direction”, the reference numeral 41 is described but not mapping in the drawings.
(note: should be read “The first electrode 42 is further provided on the surface of the diaphragm substrate 21 facing the first substrate 10, and the first electrode 42 is formed to extend from a region overlapping the movable portion 221 to a region overlapping the support portion 222 when viewed from the Z direction”)
Appropriate correction is required.
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 1-3, 5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirokubo et al. (US20110194118).
Regarding claim 1, Hirokubo teaches a wavelength variable interference filter (figs.1-6, paragraph [0008] A wavelength variable interference filter; paragraph [0038], FIG. 2 is a plan view showing a schematic configuration of the etalon 5 constituting a wavelength variable interference filter according to the invention, and FIG. 3 is a cross-sectional view showing a schematic configuration of the etalon 5. Incidentally, in FIG. 1, the light to be tested is incident to the etalon 5 from the lower side of the drawing, and in FIG. 3, the light to be tested is incident to the etalon 5 from the upper side of the drawing), comprising:
a first substrate (figs.2-3, paragraph [0039] a first substrate 51) having a light-transmitting property (see fig.3, and paragraph [0053] a first substrate 51 which has a light transmissive property);
a second substrate paragraph [0039], a second substrate 52) facing the first substrate (see fig.3, the second substrate 52 is disposed to face one surface of the first substrate 51) and having a light-transmitting property (see fig.3, and paragraph [0053], the second substrate 52 which has a light transmissive property);
a first reflective film (a first reflection film, 56; paragraph [0040] a fixed mirror 56 is provided as a first reflection film) provided on a surface of the first substrate (see fig.3, the first reflection film 56 which is provided on the first substrate 51) facing the second substrate (52); and
a second reflective film (see annotated image, Hirokubo, fig.3, the film 57) provided on the second substrate (52) and facing the first reflective film (56) via a gap (see annotated image, Hirokubo, fig.3 ,the film 57 which is provided on the second substrate 52 and faces the first reflection film 56 with a gap), wherein
a direction from the first substrate (51) toward the second substrate (52) is defined as a thickness direction (see annotated image, Hirokubo, fig.3, the thickness direction),
the second substrate (52) includes a diaphragm substrate (see annotated image, Hirokubo, fig.3, the 530+550, paragraph [0061] the second layer 530) having a uniform thickness (paragraph [0061], a portion of the second layer 530 in a plate shape with a uniform thickness) in the thickness direction (see annotated image, Hirokubo, fig.3, thickness direction) and a support substrate (see annotated image, Hirokubo fig.3, the layer 520) bonded to the diaphragm substrate (paragraph [0053] The second substrate 52 is a laminated body in which a first layer 520 and a second layer 530 are bonded to each other) in the thickness direction (see fig.3, paragraph [0010] the thickness of the support section is determined by the thickness of the second layer 530. the second layer 530 is formed in a plate shape with a uniform thickness; paragraph [0061], a portion of the second layer 530 in a plate shape with a uniform thickness is allowed to function as the support section 531 is employed), and
the support substrate (520) includes a movable portion (see fig.3, the movable section 521;paragraph [0061] the support section 531 which has the same axis as the movable section 521) overlapping the first reflective film (the 56) and the second reflective film (the 57) when viewed from the thickness direction (see annotated image, Hirokubo, fig.3, the thickness direction), and a support portion (see annotated image, Hirokubo, fig.3, the support portion) provided along an outer peripheral edge of the second substrate (52), and a hole portion (see annotated image, Hirokubo, fig.3, hole 524; paragraph [0098], the support section region 524 until the etching reaches the bonding layer 550) for exposing the diaphragm substrate (530+550) is provided between the movable portion and the support portion (paragraph [0056], FIG. 3, in the support section region 524, the movable section 521).
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Regarding claim 2, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein an opening end of the hole portion (see annotated image, Hirokubo, fig.3, the hole 524) on a movable portion (521) side among opening ends of the hole portion on a diaphragm substrate (530+552) side is defined as a first inner opening end (see annotated image, Hirokubo, fig.3, the first inner opening end), and an opening end of the hole portion on the movable portion side among opening ends of the hole portion on a side opposite to the diaphragm substrate is defined as a second inner opening end (see annotated image, Hirokubo, fig.3, second inner opening end),
when viewed from the thickness direction (see annotated image, Hirokubo fig.3, the thickness direction), the first inner opening end is positioned closer to an outer peripheral edge of the second substrate (52) than the second inner opening end (see annotated image, Hirokubo, fig.3, the first inner opening end is positioned closer to an outer peripheral edge of the second substrate 52 than the second inner opening end),
the hole portion (524) has a first inclined portion (see annotated image, Hirokubo, fig.3, the first inclined portion) inclined in a direction away from the outer peripheral edge of the second substrate as the first inclined portion is away from the diaphragm substrate from the first inner opening end to the second inner opening end (see annotated image, Hirokubo, fig.3, the first inclined portion inclined in a direction away from the outer peripheral edge of the second substrate 52 as the first inclined portion is away from the diaphragm substrate from the first inner opening end to the second inner opening end), and
a width from the first inner opening end to the second inner opening end when viewed from the thickness direction is smaller than a thickness of the support substrate (see annotated image, Hirokubo, fig.3, have a width from the first inner opening end to the second inner opening end when viewed from the thickness direction is smaller than a thickness of the support substrate 520).
Regarding claim 3, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein an opening end of the hole portion (see annotated image, Hirokubo, fig.3, the hole 524) on a support portion side among opening ends of the hole portion on a diaphragm substrate (the diaphragm substrate) side is defined as a first outer opening end (see annotated image, Hirokubo, fig.3, first outer opening end), and an opening end of the hole portion on the support portion side among opening ends of the hole portion on a side opposite to the diaphragm substrate is defined as a second outer opening end (see annotated image, Hirokubo, fig.3, the second outer opening end ),
when viewed from the thickness direction, the second outer opening end is positioned closer to an outer peripheral edge of the second substrate than the first outer opening end (see annotated image, Hirokubo, fig.3, when viewed from the thickness direction, the second outer opening end is positioned closer to an outer peripheral edge of the second substrate 52 than the first outer opening end),
the hole portion has a second inclined portion inclined in a direction approaching the outer peripheral edge of the second substrate as the second inclined portion is away from the diaphragm substrate from the first outer opening end to the second outer opening end (see annotated image, Hirokubo fig.3, the hole portion 524 has the second inclined portion inclined in a direction approaching the outer peripheral edge of the second substrate 52 as the second inclined portion is away from the diaphragm substrate from the first outer opening end to the second outer opening end), and
a width from the first outer opening end to the second outer opening end when viewed from the thickness direction is smaller than a thickness of the support substrate (see annotated image, Hirokubo, fig.3, having a width from the first outer opening end to the second outer opening end when viewed from the thickness direction is smaller than a thickness of the support substrate 520).
Regarding claim 5, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein in the support substrate (520), a part of the movable portion (521) along an outer peripheral edge and the support portion (see annotated image, Hirokubo, fig.3, the support portion) are bonded to the diaphragm substrate by a bonding member (paragraph [0110], bonding layer 550).
Regarding claim 7, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein a bonding layer (paragraph [0053] a bonding layer 550) that bonds the support substrate (520; paragraph [0053], a first layer 520) and the diaphragm substrate (the 530+550; paragraph [0053] second layer 530) is provided between the support substrate (520) and the diaphragm substrate (530), and
the bonding layer (550) has substantially a refractive index (Hirokubo, paragraph [0071], In the etalon 5, the bonding layer 550 is formed of an adhesive. The adhesive may be any as long as it can bond the first layer 520 to the second layer 530 and has an optically transmissive property; Hirokubo’s claim 2, bonding layer is formed of an epoxy resin) same as a refractive index of the support substrate and the diaphragm substrate (paragraph [0053] The first layer 520 and the second layer 530, these layers are formed by processing glass base materials serving as a first layer base material and a second layer base material --- as is well known, the refractive indices of glass material and resin material are substantially similar same).
Regarding claim 8, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein the support substrate (fig.3, the 520) and the diaphragm substrate (see annotated image, Hirokubo, fig.3, the diaphragm substrate) are directly bonded to each other (see annotated image, Hirokubo, fig.3, is directly bonded to each other).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hirokubo et al. (US20110194118), and further in view of Sano (US20140268345).
Regarding claim 4, Hirokubo discloses the invention as described in Claim 1 and further teaches wherein the diaphragm substrate is disposed to face the first substrate (see annotated image, Hirokubo, fig.3, the diaphragm substrate is disposed to face the first substrate 51),
the support substrate (520) is bonded to a surface of the diaphragm substrate (530+550) on a side opposite to the first substrate (see annotated image, Hirokubo, fig.3, the support substrate 520 is bonded to a surface of the diaphragm substrate on a side opposite to the first substrate 51),
the second reflective film (57) is provided on a surface of the diaphragm substrate (see annotated image, Hirokubo, fig.3, the diaphragm substrate) facing the first substrate (51) and at a position overlapping the movable portion (521) when viewed from the thickness direction (see annotated image, Hirokubo, fig.3, the thickness direction),
an electrode (see annotated image, Hirokubo, fig.3, electrode 542) is further provided on the surface of the diaphragm substrate (the diaphragm substrate) facing the first substrate (the 51).
Hirokubo does not explicitly teach wherein the electrode is formed to extend from a region overlapping the movable portion to a region overlapping the support portion when viewed from the thickness direction.
However, Sano teaches the analogous Interference filter (Sano, abstract, a wavelength tunable interference filter includes a fixed substrate), and further teaches wherein the electrode (Sano, fig.3, 561A has been referred to as electrode, paragraph [0134] electrode 561A) is formed to extend from a region overlapping the movable portion (Sano, fig.3, paragraph [0197], the movable portion 521) to a region overlapping the support portion (fig.3, the holding portion 522; paragraph [0197] holding portion 522) when viewed from the thickness direction (Sano, figs.2-3, paragraph [0071] a plan view viewed in the substrate thickness direction of the fixed substrate 51 or the movable substrate 52).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Hirokubo to have the electrode is formed to extend from a region overlapping the movable portion to a region overlapping the support portion when viewed from the thickness direction as taught by Sano for the purpose of suppressing the generation of stray light (Sano, paragraph [0008]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hirokubo et al. (US20110194118), and further in view of Arakawa (US20140268344).
Regarding claim 6, Hirokubo discloses the invention as described in Claim 5 and further teaches wherein the support substrate (520) has, on a surface facing the diaphragm substrate (530+550), but does not explicitly teach wherein a recessed groove portion recessed in a direction away from the diaphragm substrate and filled with the bonding member.
However, Arakawa teaches the analogous Interference filter (Arakawa, abstract, a wavelength tunable interference filter includes a fixed substrate, a movable substrate), and further teaches wherein the support substrate (Arakawa, fig.19, frame portion 712; paragraph [0318] frame portion 712) has, on a surface facing the diaphragm substrate (fig.19, paragraph [0317] diaphragm substrate 73), a recessed groove portion (see fig.19, a resin layer 742A has a recessed groove portion) recessed in a direction away from the diaphragm substrate (the 73) and filled with the bonding member (fig.19, a resin layer 742A; paragraph [0318] bonding portion 74 includes a resin layer 741A).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Hirokubo to have a recessed groove portion recessed in a direction away from the diaphragm substrate and filled with the bonding member as taught by Arakawa for the purpose of high airtightness is maintained (Arakawa, paragraph [0320]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872