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
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.
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, 9-12, 16-18, 20 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102460968 (‘968).
Regarding claims 1 and 24, ‘968 discloses a modulation unit and preparation method, comprising:
Providing a base plate (160,figs. 1-2), comprising: a substrate, and a metal layer (190,figs. 1-2) provided on one side of the substrate, wherein the metal layer is provided with a slit (180,figs. 1-2); and
Forming a driving layer (110, figs. 1-2), provided on one side of the base plate, wherein the driving layer comprises a polar plate and a driving structure, and a gap is provided between the polar plate (140, figs. 1-2, 5) and the base plate;
wherein the modulation unit comprises at least one resonant structure comprising the slit, the polar plate, and the driving structure (figs. 1-2, 5); and
in the same resonant structure, the driving structure is connected to the polar plate for
driving the polar plate to move in response to a driving signal, to change a size of an overlap (fig. 5) region of an orthographic projection of the polar plate on the base plate and the slit, to adjust a resonant frequency of the resonant structure (figs. 1-15 and paragraphs 0005-0087).
Regarding claim 2, ‘968 further discloses wherein in the same resonant
structure, a moving direction of the polar plate (140, vertical, fig. 5) and an extension direction of the slit (180, horizontal, figs. 3-4) are perpendicular to each other.
Regarding claim 3, ‘968 further discloses wherein the slit comprises a strip-like slit, the extension direction of the slit is an extension direction of the strip- like slit (180b, fig. 4, polar coordinates).
Regarding claim 9, ‘968 further discloses wherein a distance between the polar plate and the base plate is less than or equal to a width of the slit (192, fig. 2), and the width of the slit is a dimension of the slit in a direction perpendicular to an extension direction of the slit (180, fig. 2).
Regarding claim 10, it is an inherent property of the resonator that wherein a length of the slit in an extension direction of the slit is less than or equal to y1/2n1, y1 is
an operating wavelength of a resonant structure to which the slit belongs, and n1 is an equivalent refractive index of a material filling the slit and surrounding the slit.
Regarding claim 11, ‘968 further discloses wherein in the same resonant structure, the orthographic projection of the polar plate on the base plate is centrally located in the slit along an extension direction of the slit (170, figs. 3-4).
Regarding claim 12, ‘968 further discloses wherein in the same resonant structure, a ratio between a length of the polar plate and a length of the slit is greater than or equal to 1/3 and less than or equal to 4/3 along an extension direction of the slit (figs. 3-4).
Regarding claim 16, ‘968 further discloses wherein the driving layer comprises at least one of a conductive layer and a highly doped crystallized silicon layer provided on a side of the conductive layer close to the base plate (124, 134, fig. 1).
Regarding claim 17, ‘968 discloses a modulation device, comprising a modulation panel, wherein the modulation panel comprises the at least one modulation unit according to claim 1 (Abstract).
Regarding claim 18, ‘968 further discloses wherein the modulation device comprises a plurality of the modulation panels arranged in stacked and spaced apart from each other (fig. 10).
Regarding claim 20, ‘968 further discloses a driving method, applied to the modulation device according to claim 17, wherein the driving method comprises:
providing the driving signal to the driving structure, SO that the driving structure drives the polar plate to move in response to the driving signal, to change the size of the overlap region of the orthographic projection of the polar plate on the base plate and the slit, to adjust the resonant frequency of the resonant structure (Abstract).
Allowable Subject Matter
Claims 4-8 and 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, there is no teaching or suggestion in the art of record disclosing the modulation unit according to claim 3, wherein the slit further comprises at least one branch slit, and the at least one branch slit and the strip-like slit are communicated and intersected with each other.
Claim 5 further depends on claim 4.
Regarding claim 6, there is no teaching or suggestion in the art of record disclosing the modulation unit according to any one of claims 1, wherein the at least one resonant structure comprises a first resonant structure and a second resonant structure, an extension direction of the slit located in the first resonant structure is a first
direction, an extension direction of the slit located in the second resonant structure is a second direction, and the first direction and the second direction are perpendicular to each other.
Claims 7-8 further depend on claim 6.
Regarding claim 13, there is no teaching or suggestion in the art of record disclosing the modulation unit according to claim 1, wherein the driving structure comprises a MEMS switch, the MEMS switch comprises a stator comb-like electrode and a mover comb-like electrode which are oppositely provided in a moving direction of the polar plate;
wherein a comb ridge of the stator comb-like electrode is fixed on the base plate, comb
teeth of the stator comb-like electrode face the mover comb-like electrode, comb teeth of the mover comb-like electrode face the stator comb-like electrode, two ends of a comb ridge of the mover comb-like electrode are fixed on the base plate, and one side surface of the comb ridge of the mover comb-like electrode away from the comb teeth of the mover comb-like electrode is connected to the polar plate via a cantilever beam; and
the stator comb-like electrode and the mover comb-like electrode are used for generating an electrostatic force under action of the driving signal, and the mover comb-like electrode drives the polar plate to move under action of the electrostatic force.
Claims 14-15 further depend on claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 7573356 discloses a tunable filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS M MENZ whose telephone number is (571)272-1877. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached at 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS M MENZ/Primary Examiner, Art Unit 2897 7/25/26
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