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 .
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 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 of this title, 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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas et al. (US 20230079303 A1, hereinafter Thomas) in view of Loh et al. (US 20230067758 A1, hereinafter Loh).
Regarding claim 1, Thomas discloses a metalens (Abstract, fig. 10a) comprising:
a substrate (100, fig. 10a, ¶0177); and
a metasurface (111, fig. 10a) provided on the substrate and comprising a plurality of metaatoms (¶0177-080, …formation of the encapsulation layer 130 on the lateral walls 125 can be carried out by atomic diffusion bonding – ¶0159),
wherein at least one of the plurality of metaatoms comprises a plurality of layers (fig. 10a, ¶0177-0180).
The disclosure that lateral walls 125 can be carried out by atomic diffusion bonding, potentially suffices the anticipation of limitation “metaatoms”. However, with a narrower reading, an explicit mention of the limitation “metaatom” is not found within Thomas.
However, Loh discloses metaatoms build the metalense structures (¶0047, 0092, 0125, 0126).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to build the metalens structure of Thomas using metaatoms as disclosed by Loh, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
[Examiner’s note – Citations are provided from Thomas hereinafter, unless otherwise explicitly mentioned]
Regarding claim 2, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of layers comprise a bottom layer and a top layer (fig. 10a), and
wherein a length between a center and an edge of each layer of the plurality of layers decreases from the bottom layer to the top layer (fig. 10a).
Regarding claim 3, Thomas in view of Loh discloses the metalens of claim 2, wherein a length between a center and an edge of the bottom layer is between about 0.5 μm to about 5 μm (see exemplary dimensions of P, Hs and Hs in table 1, in pages 7-8).
Regarding claim 4, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of layers are centered on a first axis (Thomas: fig. 10a).
Regarding claim 5, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of layers have at least one of a cylinder shape, a polygonal column shape, a hollow cylinder shape, and a hollow polygonal column shape (figs. 8a, 10a, ¶0090, ¶0180).
Regarding claim 6, Thomas in view of Loh discloses the metalens of claim 1, wherein each of the plurality of layers have a height between about 5 μm to about 20 μm (see exemplary dimensions of P, Hs and Hs in table 1, in pages 7-8).
Regarding claim 7, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of layers comprise three layers (fig. 10a).
Regarding claim 8, Thomas in view of Loh discloses the metalens of claim 1, wherein at least one layer of the plurality of layers comprises a material that is different from a material of at least one other layer of the plurality of layers (Of course, if in the embodiments described above, the different layers, in particular the encapsulation layer and the first substrate, are made of semiconductor materials, such as silicon and germanium in the context of a given wavelength range in the mid-infrared, they may be different without going beyond the scope of the invention. – ¶0182).
Regarding claim 9, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of layers comprise at least one of silicon (Si) and germanium (Ge) (¶036 - ¶0039, ¶0101, 0144, ¶0182, claim 3).
Regarding claim 10, Thomas in view of Loh discloses the metalens of claim 1, wherein the plurality of metaatoms are provided at intervals of about 4 µm to about 10 µm (…pitch P between the subwavelength structures of 3.5 μm – ¶0134, which is about 4 µm).
Regarding claim 11, Thomas in view of Loh discloses the metalens of claim 1, wherein the substrate comprises at least one of silicon (Si) and germanium (Ge) (¶036 - ¶0039, ¶0101, 0144, ¶0182, claim 3).
Claims 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Thomas in view of Loh and further in view of Ma et al. (US 20230012003 A1, hereinafter Ma).
Regarding claim 12, Thomas in view of Loh discloses a
a metalens comprising a metasurface, the metasurface comprising a plurality of metaatoms; and
wherein at least one of the plurality of metaatoms comprises a plurality of layers (see substantively similar claim 1 rejection above).
Thomas in view of Loh is not found disclosing that the module is a camera module, that comprises an image sensor configured to convert an image, formed by the metalens, into an electrical signal.
However, Ma discloses, a camera module, that comprises an image sensor configured to convert an image, formed by metalens, into an electrical signal (In some examples, an optical sensor (also referred to as an image sensor, image detector, or light sensitive device herein) can be positioned at the focal plane 404 to detect the incoming light – ¶0094. Also see, figs. 6d, e, ¶0106-0107, ¶0111-0112, ¶0116-0119, 0125-0127)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the metalens structure of Thomas in view of Loh in the camera module of Ma to guide light into the image sensor through the metalens optical structure to capture image, to obtain, a camera module, that comprises an image sensor configured to convert an image, formed by the metalens, into an electrical signal, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
Regarding claim 13, Thomas in view of Loh and Ma discloses the camera module of claim 12, wherein the plurality of layers comprise a bottom layer and a top layer, and
wherein a length between a center and an edge of each layer of the plurality of layers decreases from the bottom layer to the top layer (fig. 10a).
Regarding claim 14, Thomas in view of Loh and Ma discloses the camera module of claim 13, wherein a length between a center and an edge of the bottom layer is between about 0.5 μm to about 5 μm (see exemplary dimensions of P, Hs and Hs in table 1, in pages 7-8).
Regarding claim 15, Thomas in view of Loh and Ma discloses the camera module of claim 12, wherein the plurality of layers have as at least one of a cylinder shape, a polygonal column shape, a hollow cylinder shape, and a hollow polygonal column shape (figs. 8a, 10a, ¶0090, ¶0180).
Regarding claim 16, Thomas in view of Loh and Ma discloses the camera module of claim 12, wherein each of the plurality of layers have a height between about 5 μm to about 20 μm (see exemplary dimensions of P, Hs and Hs in table 1, in pages 7-8).
Regarding claim 17, Thomas in view of Loh and Ma discloses the camera module of claim 12, wherein the plurality of metaatoms are provided at intervals of about 4 µm to about 10 µm (…pitch P between the subwavelength structures of 3.5 μm – ¶0134, which is about 4 µm).
Regarding claim 18, Thomas in view of Loh and Ma discloses the camera module of claim 12, further comprising an infrared filter configured to block an infrared component included in the image (Thomas: …according to the principle of the invention for a wavelength range other than the infrared range).
Regarding claim 19, Thomas in view of Loh discloses
a metalens comprising a metasurface, the metasurface comprising a plurality of metaatoms; and
wherein at least one of the plurality of metaatoms comprises a plurality of layers (see substantively similar claim 1 rejection above).
Thomas in view of Loh is not found disclosing expressly the limitation of,
an electronic device comprising:
a camera module comprising:
an image sensor configured to convert an image, formed by the metalens, into an electrical signal to generate image data; and
a processor configured to perform one or more image processing operations on the generated image data.
However, Ma discloses, an electronic device (device 1200, fig. 12) comprising:
a camera module comprising:
an image sensor configured to convert an image, formed by the metalens, into an electrical signal to generate image data (In some examples, an optical sensor (also referred to as an image sensor, image detector, or light sensitive device herein) can be positioned at the focal plane 404 to detect the incoming light – ¶0094. Also see, figs. 6d, e, ¶0106-0107, ¶0111-0112, ¶0116-0119, 0125-0127); and
a processor (1210, fig. 12) configured to perform one or more image processing operations on the generated image data (¶0132-0135).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the metalens structure of Thomas in view of Loh in the camera module of Ma to guide light into the image sensor through the metalens optical structure to capture image, wherein the camera module resides in an electronic device 1200 and the processor 1210 processes the captured image for desired use application, to obtain, an electronic device comprising: a camera module comprising: an image sensor configured to convert an image, formed by the metalens, into an electrical signal to generate image data; and a processor configured to perform one or more image processing operations on the generated image data, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
Regarding claim 20, Thomas in view of Loh and Ma discloses the electronic device of claim 19, wherein the plurality of layers comprise a bottom layer and a top layer, and
wherein a length between a center and an edge of the plurality of layers decreases from the bottom layer to the top layer (Thomas: fig. 10a).
Conclusion
The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – Sokhoyan et al. (US 20250389980 A1), Tan et al. (US 20250291227 A1), Chung et al. (US 20250167515 A1), Hao et al. (US 20250110256 A1), Hao et al. (US 20240248237 A1), Yasude et al. (US 20240210594 A1), Hao et al. (US 20230194760 A1), JANUNTS (US 20210263070 A1) – who disclose different optical element structures made from metalenses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
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/SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638