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 § 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 1-4, 7, 9-13, 15, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto (US2006087928A1, of record in the IDS dated 02/05/2024).
With respect to Claim 1, Hashimoto discloses a device, comprising:
a conductive substrate (Fig. 5a-- element 1, board; [0036]);
a rigid mirror (Fig. 5a-- element 6, mirror; [0039]) positioned on a first side of the conductive substrate (Fig. 5a—side of element 1 facing the mirror; [0036]);
a piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]) positioned on a second side of the conductive substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]); and
a plurality of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) positioned on the piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]);
wherein the conductive substrate (Fig. 5a-- element 1, board; [0036]) is flexibly deformable in response to application of an electrical potential to one or more of the electrodes positioned on the piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]) to move ([0023]: Applying a voltage to the first electrode 3 and the second electrode 5 deforms the diaphragm. The mirror 6 is driven with the deformation of the diaphragm.) the mirror (Fig. 5a-- element 6, mirror; [0039]).
With respect to Claim 2, Hashimoto discloses the device of claim 1, and Hashimoto further discloses wherein the mirror (Fig. 5a-- element 6, mirror; [0039]) is an optical-grade mirror ([0039]: element 6 has a metallic film or a laminated film of a metal oxide for improved reflectivity.).
With respect to Claim 3, Hashimoto discloses the device of claim 1, and Hashimoto further discloses further comprising a plurality of wires (Fig. 2a, Fig. 6, and [0023]: a plurality wires are not shown explicitly in the figures however; a voltage is applied to element 3 via element 17. Because element 3 is split into multiple electrodes, a plurality of wires must be present) each coupled to a respective one of the plurality of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]).
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983).
With respect to Claim 4, Hashimoto discloses the device of claim 1, and Hashimoto further discloses wherein each of the plurality of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) is spaced from the other electrodes (Fig. 2a—there is space between elements 3a, 3b, 3c, 3d).
With respect to Claim 7, Hashimoto discloses the device of claim 1, and Hashimoto further discloses further comprising a reference electrical potential coupled to the first side of the conductive substrate (Fig. 5a—side of element 1 facing the mirror; [0036]).
Hashimoto does not explicitly disclose a reference electrical potential coupled to the first side of the conductive substrate; however, a reference potential, or ground connection, is inherent to an electrical circuit.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983).
With respect to Claim 9, Hashimoto discloses an apparatus, comprising:
a substrate (Fig. 5a-- element 1, board; [0036]);
a mirror (Fig. 5a-- element 6, mirror; [0039]) coupled to a first side of the substrate (Fig. 5a—side of element 1 facing the mirror; [0036]);
a piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]) positioned on a second side of the substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]);
a number of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to the piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]); and
an electrical driver (Fig. 6--- element 17, driver; [0042]) electrically coupled ([0023] and [0042]: a control voltage is fed from element 17 to elements 3 and 5) to the electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]);
wherein the mirror (Fig. 5a-- element 6, mirror; [0039]) exhibits sufficient rigidity for resisting deformation in response to deformation of the substrate (Fig. 5a-- element 1, board; [0036]) in response to application of an electrical potential from the electrical driver (Fig. 6--- element 17, driver; [0042]) to one or more of the electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) (Fig. 2 and [0023]—element 6 does not deform in response to the application of a potential, it is tilted via element 7).
With respect to Claim 10, Hashimoto discloses the apparatus of claim 9, wherein the substrate (Fig. 5a-- element 1, board; [0036]) is formed of a metallic material ([0035]: the board may be made of metal).
With respect to Claim 11, Hashimoto discloses the apparatus of claim 10, and Hashimoto further discloses further comprising a number of electrical leads (Fig. 5a, Fig. 6, and [0023]: a plurality wires are not shown explicitly in the figures however; a voltage is applied to element 3 via element 17. Because element 3 is split into multiple electrodes, a plurality of wires must be present) extending between and electrically coupling the number of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) and the electrical driver (Fig. 6--- element 17, driver; [0042]).
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983) MPEP § 2112.
With respect to Claim 12, Hashimoto discloses the apparatus of claim 11, , and Hashimoto further discloses further comprising an electrode (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to the first side of the substrate (Fig. 5a—side of element 1 facing the mirror; [0036]).
With respect to Claim 13, Hashimoto discloses the apparatus of claim 9, and Hashimoto further discloses wherein, in response to application of the electrical potential to the one or more electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]), a deformation ([0020]: element 4 is a part of the diaphragm which is deformed via elements 3 and 5) occurs in the piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]).
With respect to Claim 15, Hashimoto discloses the apparatus of claim 9, and Hashimoto further discloses wherein the electrical driver (Fig. 6--- element 17, driver; [0042]) is configured to selectively apply the electrical potential to a number of different combinations of the one or more electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) and the mirror (Fig. 5a-- element 6, mirror; [0039]) is movable in one or more of a plurality of directions dependent on the combination of the one or more electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) to which the electrical potential is applied ([0025]: element 6 may be tilted in different directions depending on how electric potential is applied to the different pieces of the electrode 3).
With respect to Claim 17, Hashimoto discloses a method, comprising:
providing a device including a conductive substrate (Fig. 5a-- element 1, board; [0036]) having a first configuration (Fig. 2a—element 3 in the first configuration, 0 volts applied), a mirror (Fig. 5a-- element 6, mirror; [0039]) coupled to a first side of the conductive substrate (Fig. 5a—side of element 1 facing the mirror; [0036]) and having a first configuration (Fig. 2a—element 6 (not shown, it is attached to element 7) is in the first configuration, 0 volts applied), and a number of electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to a second side of the conductive substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]); and
applying an electrical potential to one or more of the electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to the second side of the conductive substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]) to deform the conductive substrate (Fig. 5a-- element 1, board; [0036]) relative to the first configuration of the conductive substrate (Fig. 5a-- element 1, board; [0036]) and move the mirror (Fig. 5a-- element 6, mirror; [0039]) while maintaining the mirror (Fig. 5a-- element 6, mirror; [0039]) in the first configuration of the mirror (Fig. 5a-- element 6, mirror; [0039]) ([0023]: Applying a voltage to the first electrode 3 and the second electrode 5 deforms the diaphragm. [0025]: element 6 may be tilted in different directions depending on how electric potential is applied to the different pieces of the electrode, (Fig. 2 and [0023]—element 6 does not deform in response to the application of a potential, it is tilted via element 7).
With respect to Claim 18, Hashimoto discloses the method of claim 17, and Hashimoto further discloses wherein the electrical potential is applied to two or more of the electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to the second side of the conductive substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]) and the mirror (Fig. 5a-- element 6, mirror; [0039]) is moved in two or more directions ([0025]: element 6 may be titled in multiple directions at once by stepwise controlling the voltage applied to just one of the active electrodes at a time).
With respect to Claim 20, Hashimoto discloses the method of claim 17, and Hashimoto further discloses wherein maintaining the mirror (Fig. 5a-- element 6, mirror; [0039]) in the first configuration (Fig. 2a—element 6 (not shown, it is attached to element 7) is in the first configuration, 0 volts applied) includes maintaining flatness (Fig. 2a—element 6 is not tilted) of a surface of the mirror (Fig. 5a-- element 6, mirror; [0039]).
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.
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Claims 5-6, 8, 14, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US2006087928A1, of record in the IDS dated 02/05/2024) in view of Pribosek (Piezoelectric deformable mirror, 2015).
With respect to Claim 5, Hashimoto discloses the device of claim 1, and further discloses the conductive substrate (Fig. 5a-- element 1, board; [0036]) and piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]). However, Hashimoto does not disclose wherein the conductive substrate includes one or more flexures configured to facilitate enhanced deformation of the conductive substrate in response to application of the electrical potential between different electrodes positioned on the piezoelectric material.
Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device wherein a conductive substrate (See annotated Fig. 1-- diaphragm) includes one or more flexures (See annotated Fig. 1—flexure) configured to facilitate enhanced deformation of the conductive substrate (Section 2-- To allow even larger deflection angles, additional cuts in diaphragm are made to serve as flexible mounting arms) in response to application of the electrical potential between different electrodes (See annotated Fig. 1— electrodes) positioned on the piezoelectric material (Section 2—piezo ceramics are placed on the diaphragm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Hashimoto with the flexures of Pribosek in order to create a device which allows even larger deflection angles (Pribosek, Section 2).
With respect to Claim 6, Hashimoto discloses the device of claim 5, and further discloses the conductive substrate (Fig. 5a-- element 1, board; [0036]). However, Hashimoto does not disclose wherein the one or more flexures are defined by one or more slots formed in the conductive substrate.
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Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device wherein the one or more flexures (See annotated Fig. 1—flexure) are defined by one or more slots (Fig. 1—the flexures are created via cutting slots in the diaphragm) formed in the conductive substrate (See annotated Fig. 1-- diaphragm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Hashimoto with the flexures of Pribosek in order to create a device which allows even larger deflection angles (Pribosek, Section 2).
With respect to Claim 8, Hashimoto discloses the device of claim 1, and Hashimoto further discloses further comprising the conductive substrate (Fig. 5a-- element 1, board; [0036]) is flexibly deformable ([0023]: Applying a voltage to the first electrode 3 and the second electrode 5 deforms the diaphragm.) in response to application of the electrical potential to one or more electrodes (Fig. 5a—there is space between elements 3a, 3b, 3c, 3d) positioned on the piezoelectric material (Fig. 5a-- element 4, first piezoelectric body; [0036]). However, Hashimoto does not explicitly disclose the device comprising a holder coupled to the conductive substrate, wherein the holder exhibits structural rigidity sufficient for resisting deformation when the conductive substrate is flexibly deformable in response to application of the electrical potential to one or more electrodes positioned on the piezoelectric material.
Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device comprising a holder (See annotated Fig. 2-- mount) coupled to the conductive substrate (See annotated Fig. 1-- diaphragm), wherein the holder (See annotated Fig. 2-- mount) exhibits structural rigidity sufficient for resisting deformation (See Fig. 2—the mount is made of inflexible aluminum) when the conductive substrate (See annotated Fig. 1-- diaphragm) is flexibly deformable (See Fig. 1—the diaphragm flexes in response to the application of electrical potential) in response to application of the electrical potential to one or more electrodes (See annotated Fig. 1— electrodes) positioned on the piezoelectric material (Section 2—piezo ceramics are placed on the diaphragm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Hashimoto with the mount of Pribosek in order to create a device which has a dedicated aluminum mount (Pribosek, Section 3.1).
With respect to Claim 14, Hashimoto discloses the apparatus of claim 9, and Hashimoto further discloses further comprising the substrate (Fig. 5a-- element 1, board; [0036]) and the one or more electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]) coupled to the second side of the substrate (Fig. 5a—side of element 1 facing the first piezoelectric body; [0036]). However, Hashimoto does not explicitly disclose the device comprising a holder coupled to the substrate, wherein the holder exhibits structural rigidity sufficient for resisting deformation in response to application of the electrical potential to the one or more electrodes coupled to the second side of the substrate.
Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device comprising a holder (See annotated Fig. 2-- mount) coupled to the substrate (See annotated Fig. 1-- diaphragm), wherein the holder (See annotated Fig. 2-- mount) exhibits structural rigidity sufficient for resisting deformation in response to application of the electrical potential (See Fig. 2—the mount is made of inflexible aluminum) to the one or more electrodes (See annotated Fig. 1— electrodes) coupled to the second side of the substrate (See annotated Fig. 1-- diaphragm).
With respect to Claim 16, Hashimoto discloses the apparatus of claim 9, and further discloses the substrate (Fig. 5a-- element 1, board; [0036]) and the electrodes (Fig. 2a-- elements 3a, 3b, 3c, 3d, first electrode; [0024]). However, Hashimoto does not disclose wherein the substrate includes one or more flexures configured to facilitate enhanced deformation of the substrate in response to application of the electrical potential to the one or more electrodes.
Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device wherein the substrate (See annotated Fig. 1-- diaphragm) includes one or more flexures (See annotated Fig. 1—flexure) configured to facilitate enhanced deformation of the substrate (See annotated Fig. 1-- diaphragm) in response to application of the electrical potential (Section 2-- To allow even larger deflection angles, additional cuts in diaphragm are made to serve as flexible mounting arms) to the one or more electrodes (See annotated Fig. 1— electrodes). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Hashimoto with the flexures of Pribosek in order to create a device which allows even larger deflection angles (Pribosek, Section 2).
With respect to Claim 19, Hashimoto discloses the method of claim 18, and Hashimoto further discloses further comprising the conductive substrate (Fig. 5a-- element 1, board; [0036]). However, Hashimoto does not explicitly disclose the device comprising coupling the conductive substrate to a holder configured to resist deformation when the conductive substrate is deformed in response to application of the electrical potential.
Hashimoto and Pribosek are related as pertaining to the field of piezoelectric deformable mirrors. Pribosek discloses a device comprising coupling the conductive substrate (See annotated Fig. 1-- diaphragm) to a holder (See annotated Fig. 2-- mount) configured to resist deformation (See Fig. 2—the mount is made of inflexible aluminum) when the conductive substrate (See annotated Fig. 1-- diaphragm) is deformed in response to application of the electrical potential (See Fig. 1—the diaphragm flexes in response to the application of electrical potential). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Hashimoto with the mount of Pribosek in order to create a device which has a dedicated aluminum mount (Pribosek, Section 3.1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bolis (US 20100195213 A1) discloses aspects of the instant invention, see Fig. 16a and [0009]-[0010].
Beresnev (US 20100027142 A1) discloses aspects of the instant invention, see Fig. 1A and [0020]-[0028].
Mescher (US 20080225379 A1) discloses aspects of the instant invention, see Fig. 3 and [0033].
Chouji (US 20070091482 A1) discloses aspects of the instant invention, see Fig. 2a and [0044]-[0047].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI WADDELL whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 8:30 - 4:30 EST.
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/MACKENZI WADDELL/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872