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 .
Election/Restrictions
Applicant’s election without traverse of Group III in the reply filed on June 11, 2026 is acknowledged. Applicant has canceled claims 1-14 and added new claims 21-23. Accordingly, claims 15-23 have been examined as follows.
Claim Objections
Claims 15-16 and 21-22 are objected to because of the following informalities:
Claim 15, last clause – “wherein said first pillars is longer than said second pillars, said second pillars being longer than said third pillars” is presumed to be intended as “wherein said first pillars are longer than said second pillars, and said second pillars are longer than said third pillars”.
Claims 15-16, penultimate line – “to response to” is presumed to be intended as “to respond to” or “in response to”.
Claims 21-22, first line – “said visible lights includes” is presumed to be intended as “said visible lights include”.
Claims 21-22, second line – “green light pillar” is presumed to be intended as “green light pillars”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites the limitation “said red light pillars” in the last line. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 17 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 recites “wherein said first, second or third pillars are replaced by spirals, split rings or the combination thereof” (See MPEP 608.01(n), Section III). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 15-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byrnes et al. (US 2017/0082263).
Regarding claim 15, Byrnes discloses a smart phone (para. [0086]) having a lens set (Fig. 4), comprising:
a substrate (303) having first pillars, second pillars, and third pillars (313) formed at a layer or stacked layer (Figs. 3; para. [0053]);
wherein said first pillars is longer than said second pillars, said second pillars being longer than said third pillars to response to visible lights with different frequencies (Figs. 8-9, 14-15, paras. [0044, 0051, 0055, 0146-0147, 0151]).
Regarding claim 16, Byrnes discloses wherein said substrate (303) includes fourth pillars (313) to response to an infrared or a fourth light frequency (para. [0089]).
Regarding claim 17, Byrnes discloses wherein said first, second or third pillars are replaced by spirals, split rings or the combination thereof (note 35 U.S.C. 112(d) rejection above) (Figs. 3, 11).
Regarding claim 18, Byrnes discloses wherein said first, second and third pillars (313) include silicon, ITO, ZnO, graphene, carbon nanotubes, metal, alloy, titanium dioxide, gallium nitride or the combination thereof (para. [0056]).
Regarding claim 19, Byrnes discloses wherein said first pillars, said second pillars and said third pillars (313) are configurated in front of said lens set (421, 423), an image sensor or the combination thereof (Fig. 4).
Regarding claim 20, Byrnes discloses a Fresnel lens (paras. [0036, 0172]) formed in or in front of said lens set (Fig. 4).
Regarding claim 21, Byrnes discloses wherein said visible lights includes blue light, green light and red light (para. [0081]), blue light pillars being shorter than green light pillar, said green light pillars being shorter than red light pillars (paras. [0051, 0055, 0146-0147, 0151]).
Regarding claim 22, Byrnes discloses wherein said visible lights includes blue light, green light, yellow light and red light (para. [0081]), blue light pillars being shorter than green light pillar, said green light pillars being shorter than yellow light pillars, said yellow light pillars being shorter than said red light pillars (paras. [0051, 0055, 0146-0147, 0151]).
Regarding claim 23, Byrnes discloses wherein said substrate (303 of 301, Figs. 3; 401, Fig. 4) is configurated in front of said lens set (421, 423), an image sensor or the combination thereof (Fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CALEY can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
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