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 .
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10-17, 20 and 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al (US 20240418907).
Regarding claim 1, Hu et al teach (Figs. 1-8) an optical pattern projection device, comprising: one or more light emitters ([0059] - 650); and a first optical metasurface (see figures 6 and 7) coupled to the one or more light emitters, configured to project, reshape and/or split light beams ([0064]) generated by the one or more light emitters to generate a projected light pattern, the first optical metasurface containing at least two superposed phase profiles (figures 2A-2C show different phase response with respect to X and Y – polarization) formed in a single flat optics layer, wherein different ones of the at least two phase profiles are configured to perform different functions on a same incident light beam (emissions from LEDs are unpolarized light with both H and V polarization and figures 2 show the metasurface respond to them differently), each of the at least two phase profiles being configured to modulate, collimate, focus, diverge, deflect, shape, split, diffract, or diffuse the light beams from the one or more light emitters.
Regarding claim 2, Hu et al teach a second optical metasurface (620) spaced apart (630) from the first optical metasurface, the second optical metasurface containing a light shaping and/or projection phase profile configured to modulate, collimate, focus, diverge, diffuse, and/or deflect the light beams ([0056-0058]) from the one or more light emitters (light emitting array), wherein the first and second optical metasurfaces cooperate with each other to produces a defined relationship between light emitter position or light property and corresponding beam projection angle or light property ([0056-0058]).
Regarding claim 3, Hu et al teach the defined relationship is a linear relationship between light emitter position and beam projection angle (see figure 6, where light is being projected from element 660 and create projection angle perpendicular to element 610).
Regarding claim 4, Hu et al teach (see at least figure 6) the first and second optical metasurfaces have identical sizes.
Regarding claim 5, Hu et al teach at least one of the at least two superposed phase profiles is configured to split or diffract light (see solid/dash line diffracted shown in figure 6) so as to spatially or angularly distribute the light beam from each of the one or more light emitters into multiple channels.
Regarding claim 6, Hu et al teach a plurality of light emitters, wherein the projected light pattern including a plurality of sub-patterns each corresponding to one of the light emitters. That is, the emitter array ([0058]) includes multiple emitters, and each of the projected light by each of the emitters are construed as sub-patterns.
Regarding claim 7, Hu et al teach the plurality of sub- patterns are identical in shape and are shifted in positions relative to each other, and wherein the plurality of sub-patterns either overlap each other or are non-overlapping with each other. That is, the emitter array includes plurality of light emitting elements located in different locations which is shifted. The emitted light by shifted emitters are also shifted by elements 610 and 620.
Regarding claim 8, Hu et al teach (see figure 6) the projected light pattern is a 2-D or 3-D pattern including one or more of arrays of dots, lines, matrices, letters, graphics, holograms, random patterns, gray-scale patterns, uniform patterns, and diffusive patterns.
Regarding claim 10, Hu et al teach a spacer (630) positioned between the first optical metasurface and the one or more light emitters.
Regarding claim 11, Hu et al teach (fig. 6) the first optical metasurface is flat, curved, or conformally integrated with its substrate.
Regarding claim 12, Hu et al teach (array of emitters) the one or more light emitters are one or more light sources, one or more optical channels, an image, or a light pattern.
Regarding claim 13, Hu et al teach ([0056-0058]) a plurality of light emitters, wherein the first optical metasurface is configured to provide different responses for different properties of light from the plurality of light emitters, wherein the properties of light are a wavelength, a polarization, an angle of-incidence, or an intensity of the light beam.
Regarding claim 14, Hu et al teach the light emitter or plurality of light emitters are configured to emit light beams with same (same emitter array) or different properties of light, wherein the properties of light are a wavelength, a polarization, a beam divergence, or an order.
Regarding claim Claim 15, Hu et al teach an optical pattern detection device which includes: another optical metasurface (620) configured to modulate, shape, collimate, focus, diverge, deflect, split, diffract, or diffuse the light beams; and one or more multiple light receivers coupled to the other optical metasurface.
Regarding claim 16, Hu et al teach (Fig. 6) the first optical metasurface and the other optical metasurface are formed on separate, partially overlapping, or fully overlapping portions of a same substrate.
Regarding claim 17, Hu et al teach the light receiver includes photodetectors ([0057]-detector array) or optical channels.
Regarding claim 20, Hu et al teach an optical pattern projection device, comprising: a light emitter array ([0058]) including a plurality of light emitters; and a flat optics layer (620) coupled to the light emitter array, configured to project, reshape and/or split light beams generated by the plurality of light emitters to generate a projected light pattern, the projected light pattern including a plurality of sub-patterns (each of the light emitter generate light that is construed as a sub pattern) each corresponding to one of the light emitters, wherein the flat optics layer includes superposed phase profiles (different profile for light of different polarization), including a phase profile (polarization) for beam collimation and projection in which different regions of the flat optics are configured for coupling light beams from different light emitters, and a beam splitting phase profile configured to spatially distribute the light beam from each light emitter into multiple channels (see figure 7 where 7A shows when 660 is an emitter array located on the right hand side of figure 7A, the resultant of the projection ends on the left hand side of figure 7A).
Regarding claim 21, he optical pattern projection device of claim 20, further comprising an optical pattern detection device which includes: another flat optics layer (620) configured to modulate, shape, collimate, focus, diverge, deflect, split, diffract, or diffuse the light beams; and a light receiver coupled (optically) to the other flat optics layer.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devlin et al (US 20220385042).
Regarding claim 1, Devlin et al teach (Figs. 1-13) ) an optical pattern projection device, comprising: one or more light emitters (702); and a first optical metasurface (108) coupled to the one or more light emitters (VCSEL has many apertures), configured to project, reshape and/or split light beams generated by the one or more light emitters to generate a projected light pattern, the first optical metasurface containing at least two superposed phase profiles (see description of figure 1A) formed in a single flat optics layer (102), wherein different ones of the at least two phase profiles are configured to perform different functions on a same incident light beam ([0051] where QxNxP where refractive lens function and diffractive lens functions are in cooperated into one single layer), each of the at least two phase profiles being configured to modulate, collimate, focus, diverge, deflect, shape, split, diffract, or diffuse the light beams from the one or more light emitters. The two phase profiles is interpreted as a two functions performed by a single metasurface.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al in view of Hu et al (US Patent 11206978).
Regarding claim 9, Hu et al teach the invention set forth above. Hu et al (‘907 publication) do not specifically teach the projected light pattern reaches a diagonal field of view of approximately 170 degrees. Hu et al teach (‘978 patent) teach FOV between 70-200 degrees. It would have been obvious at the time of invention to design optical element having projection diagonal field of view approximately 170 degrees to create wider field of view.
Allowable Subject Matter
Claims 18 and 19 are allowed.
Response to Arguments
Applicant's arguments filed 9/01/2026 have been fully considered but they are not persuasive.
Applicant amended the claim to clarify that different ones of the at least two phase profiles formed in a single flat optics layer, wherein different ones of the at least two phase profiles are configured to perform different functions on a same incident light beam. It is understood Hu et al teach metasurface responds differently with respect to polarization. LED’s emissions are unpolarized and the H and V components are randomly distributed, while Hu et al teach metasurface respond to H and V components uniquely (see figures 2a-2c), thus satisfies the claim language.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TONY KO/Primary Examiner, Art Unit 2878
TK
