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 .
DETAILED ACTION
The instant application having Application No. 18/749,834 filed on 6/21/2024 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by the M.P.E.P. 214.03, acknowledgement is made of applicant’s claim for priority based on applications filed on July 14, 2020 (Korea 10-2020-0086919).
Receipt is acknowledged of papers submitted under 37 CFR 1.55, which papers have been placed of record in the file.
However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign priority papers submitted together with a statement that the translation of the certified copy is accurate in order to perfect the claimed foreign priority because said papers has not been made of record. See MPEP §§ 215 and 216.
Domestic Benefit
The present application claims the benefit of US provisional application 62/971,588. However, the examiner finds that the provisional application fails to provide written description support for at least the limitations “wherein a region, in which a section satisfying △w×△p > 0 and a section satisfying △w×△p < 0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions.” Thus, the effective filing date of the present application currently is the filing date of the parent application US 17/117,364 December 10, 2020.
Drawings
The applicant’s drawings submitted on June 21, 2024 are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statements dated June 21, 2024 and September 12, 2024 are acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12,072,511 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as explained in the table below:
Instant Application
US 12,072,511 B1
1. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule; and
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point, wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule,
wherein each of the first rule and the second rule has parameters w and p, w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region, in which a section satisfying △w×△p > 0 and a section satisfying △w×△p < 0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions,
wherein the section satisfying △w×△p < 0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional,
wherein the section satisfying △w×△p > 0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional, and
wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
1. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule; and
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point, wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule,
wherein each of the first rule and the second rule has parameters w and p, w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region, in which a section satisfying Δw×Δp>0 and a section satisfying Δw×Δp<0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions, …
wherein the section satisfying Δw×Δp<0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional; and
wherein the section satisfying Δw×Δp>0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional.
2. The meta-lens of claim 1, wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12/072,511 B2 in view of Byrnes et al. US 2017/0082263 A1 (hereafter Byrnes, cited in an IDS). Although the claims at issue are not identical, they are not patentably distinct from each other as explained in the table below:
Instant Application
US 12,072,511 B1
Byrnes or explanation as needed.
1. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule; and
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point, wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule,
wherein each of the first rule and the second rule has parameters w and p, w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region, in which a section satisfying △w×△p > 0 and a section satisfying △w×△p < 0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions,
wherein the section satisfying △w×△p < 0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional,
wherein the section satisfying △w×△p > 0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional, and
wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
1. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule; and
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point, wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule,
wherein each of the first rule and the second rule has parameters w and p, w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region, in which a section satisfying Δw×Δp>0 and a section satisfying Δw×Δp<0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions, …
wherein the section satisfying Δw×Δp<0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional; and
wherein the section satisfying Δw×Δp>0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional.
2. The meta-lens of claim 1, wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
Claim 1 of the patent fails to recite “wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.”
Claim 2 of the patent and Byrnes teaches “wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole (e.g. paragraph [0062]: “configure the array of nanostructures 313 such that the phase delay imparted by such structures to a light in an incident hemispherical wave front 315 is dependent on the radial position of those nanostructures relative to the optical axis 350 of the lens.” see also Figs. 3B, 8 and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the arrangement of nanostructures to have polar symmetry as taught by claim 2 or Byrnes so that the phase delay imparted by the structures varies as a function of radius as taught by Byrnes (paragraph [0062]).
2. The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which the width w of the plurality of first nanostructures or the plurality of second nanostructures increases or decreases as a distance from the center point increases in the radial direction, and
the arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures decreases and then increases as the distance from the center point increases in the radial direction.
3. The meta-lens of claim 2, wherein the first rule and the second rule comprise a rule according to which the width w of the plurality of first nanostructures or the plurality of second nanostructures increases or decreases as a distance from the center point increases in the radial direction, and
the arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures decreases and then increases as the distance from the center point increases in the radial direction.
3. The meta-lens of claim 2, wherein a maximum arrangement interval pmax and a minimum arrangement interval pmin in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures satisfy the following condition:
pmax-pmin > 0.2×pmax.
4. The meta-lens of claim 3, wherein a maximum arrangement interval pmax and a minimum arrangement interval pmin in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures satisfy the following condition:
pmax −pmin≥0.2×pmax.
4. The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which arrangement intervals p in the circumferential direction between a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same.
5. The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which arrangement intervals p in the circumferential direction between a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same.
5. The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which widths w of a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same.
6. The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which widths w of a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same.
6. The meta-lens of claim 1, wherein when an arrangement interval in the circumferential direction of a plurality of nanostructures positioned at a first radius r1 is p1 and an arrangement interval in the circumferential direction between a plurality of nanostructures positioned at a second radius r2 adjacent to the first radius r1 in a direction away from the center point in the radial direction is p2, one of the following two conditions is satisfied:
r2-r1 = (p1+p2)/2
or
r2-r1 = {(p1+p2)/2}^(3/2).
1.
wherein when an arrangement interval in the circumferential direction of a plurality of nanostructures positioned at a first radius r1 is p1 and an arrangement interval in the circumferential direction between a plurality of nanostructures positioned at a second radius r2 adjacent to the first radius r1 in a direction away from the center point in the radial direction is p2, one of the following two conditions is satisfied:
r2−r1=(p1+p2)/2
or
r2−r1={(p1+p2)/2}∧(3/2);
7. The meta-lens of claim 1, wherein a target phase change range with respect to light of a predetermined wavelength band incident on the meta-lens in each of the first region and the plurality of second regions is from 0 to 2 π.
7. The meta-lens of claim 1, wherein a target phase change range with respect to light of a predetermined wavelength band incident on the meta-lens in each of the first region and the plurality of second regions is from 0 to 2 π.
8. The meta-lens of claim 7, wherein the predetermined wavelength band of light comprises a visible light wavelength band.
8. The meta-lens of claim 7, wherein the predetermined wavelength band of light comprises a visible light wavelength band.
9. The meta-lens of claim 1, wherein the first region has a circular shape, and each of the plurality of second regions have a concentric ring shape.
9. The meta-lens of claim 1, wherein the first region has a circular shape, and each of the plurality of second regions have a concentric ring shape.
10. The meta-lens of claim 1, wherein a width of the first region and each of the plurality of second regions in the radial direction decreases as a distance from the center point increases in the radial direction.
10. The meta-lens of claim 1, wherein a width of the first region and each of the plurality of second regions in the radial direction decreases as a distance from the center point increases in the radial direction.
11. The meta-lens of claim 1, further comprising a substrate on which the plurality of first nanostructures and the plurality of second nanostructures are provided, wherein the plurality of first nanostructures and the plurality of second nanostructures comprise a material having a refractive index greater than a refractive index of the substrate.
11. The meta-lens of claim 1, further comprising a substrate on which the plurality of first nanostructures and the plurality of second nanostructures are provided, wherein the plurality of first nanostructures and the plurality of second nanostructures comprise a material having a refractive index greater than a refractive index of the substrate.
12. The meta-lens of claim 11, wherein a difference between the refractive index of the substrate and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3.
12. The meta-lens of claim 11, wherein a difference between the refractive index of the substrate and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3.
13. The meta-lens of claim 11, further comprising a protective layer covering the substrate and the plurality of first nanostructures and the plurality of second nanostructures.
13. The meta-lens of claim 11, further comprising a protective layer covering the substrate and the plurality of first nanostructures and the plurality of second nanostructures.
14. The meta-lens of claim 13, wherein a difference between a refractive index of the protective layer and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3.
14. The meta-lens of claim 13, wherein a difference between a refractive index of the protective layer and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3.
15. The meta-lens of claim 13, wherein when a respective refractive index and a respective height of the plurality of first nanostructures and the plurality of second nanostructures are respectively npost and h, a refractive index of the protective layer is nclad, and a center wavelength of a predetermined wavelength band of light incident on the meta-lens is λ, the following condition is satisfied:
3/2 × λ/(npost- nclad) ≤ h.
15. The meta-lens of claim 13, wherein when a respective refractive index and a respective height of the plurality of first nanostructures and the plurality of second nanostructures are respectively n.sub.post and h, a refractive index of the protective layer is n.sub.clad, and a center wavelength of a predetermined wavelength band of light incident on the meta-lens is λ, the following condition is satisfied:
3/2×λ/(npost−nclad)≤h.
16. The meta-lens of claim 15, wherein when an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is p, the following condition is satisfied:
p < λ/2.
16. The meta-lens of claim 15, wherein when an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is p, the following condition is satisfied:
p<λ/2.
17. The meta-lens of claim 1, wherein heights of the plurality of first nanostructures and the plurality of second nanostructures are different in at least two regions of the first region and the plurality of second regions.
17. The meta-lens of claim 1, wherein heights of the plurality of first nanostructures and the plurality of second nanostructures are different in at least two regions of the first region and the plurality of second regions.
18. The meta-lens of claim 1, wherein a fill factor of each of the plurality of first nanostructures or the plurality of second nanostructures with respect to a unit region having a width equal to an arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is in a range of about 25% to about 60%.
18. The meta-lens of claim 1, wherein a fill factor of each of the plurality of first nanostructures or the plurality of second nanostructures with respect to a unit region having a width equal to an arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is in a range of about 25% to about 60%.
19. The meta-lens of claim 1, wherein a cross-section of the plurality of first nanostructures or the plurality of second nanostructures has a symmetric shape.
19. The meta-lens of claim 1, wherein a cross-section of the plurality of first nanostructures or the plurality of second nanostructures has a symmetric shape.
20. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is defined according to a first rule;
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point,
wherein a positional arrangement of the plurality of second nanostructures is defined according to a second rule; and
a protective layer covering the plurality of first nanostructures and the plurality of second nanostructures,
wherein each of the first rule and the second rule has parameters w and p,
w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region where a section satisfying △w×△p > 0 and a section satisfying △w×△p < 0 coexist is formed and extends in the radial direction in the first region and any one of the plurality of second regions,
wherein the section satisfying △w×△p < 0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional,
wherein the section satisfying △w×△p > 0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional, and
wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
1. A meta-lens comprising:
a first region including a plurality of first nanostructures that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point, wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule; and
a plurality of second regions surrounding the first region and including a plurality of second nanostructures that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point,
wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule,
13. The meta-lens of claim 11, further comprising
a protective layer covering the substrate and the plurality of first nanostructures and the plurality of second nanostructures.
1. wherein each of the first rule and the second rule has parameters w and p,
w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures,
wherein a region, in which a section satisfying Δw×Δp>0 and a section satisfying Δw×Δp<0 are included, is formed and extends in the radial direction in the first region and any one of the plurality of second regions…
wherein the section satisfying Δw×Δp<0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional; and
wherein the section satisfying Δw×Δp>0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional.
2. The meta-lens of claim 1, wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.
Claim 1 of the patent fails to recite “wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole.”
Claim 2 of the patent and Byrnes teaches “wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole (e.g. paragraph [0062]: “configure the array of nanostructures 313 such that the phase delay imparted by such structures to a light in an incident hemispherical wave front 315 is dependent on the radial position of those nanostructures relative to the optical axis 350 of the lens.” see also Figs. 3B, 8 and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose the arrangement of nanostructures to have polar symmetry as taught by claim 2 or Byrnes so that the phase delay imparted by the structures varies as a function of radius as taught by Byrnes (paragraph [0062]).
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.
(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.
Claims 1-11, 13 and 17-20 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Han et al. US 2020/0174163 A1 (hereafter Han).
The applied reference has a common inventor and a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Although reference Han could be excepted as prior art under 35 U.S.C. 102(a)(2), it is still applicable as prior art under 35 U.S.C. 102(a)(1) that cannot be excepted under 35 U.S.C. 102(b)(2)(C).
Applicant may rely on the exception under 35 U.S.C. 102(b)(1)(A) to overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore not prior art under 35 U.S.C. 102(a)(1). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
Regarding claim 1, Han teaches “A meta-lens (the meta-lens 103 of Figs. 2, 12 and 13) comprising:
a first region (first region 123_1. In Fig. 13 the region from r=0 to about r=150) including a plurality of first nanostructures (plurality of nanostructures NS1) that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point (see Fig. 2 paragraph [0077]: “The first region 120_1 may include a plurality of first nanostructures NS1 two dimensionally arranged in a radial direction and a circumferential direction.” and paragraph [0121]: “FIG. 12, like FIG. 10, is a view corresponding to a cross-section taken along line A-A″ in the plan view of FIG. 2.”), wherein a positional arrangement of the plurality of first nanostructures is determined according to a first rule (paragraph [0077]: “The plurality of first nanostructures NS1 may be distributed according to a first rule.” and paragraph [0121]: “A nanostructures NSk arrangement rule may be determined in each of the first region 123_1,”); and
a plurality of second regions (second to Nth regions 123_2 to 123_N. In Fig. 13 let the second region be from about r=150 to about r=215) surrounding the first region (see Figs. 2 and 12) and including a plurality of second nanostructures (nanostructures NS2 to NSN) that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point (paragraph [0078]-[0079]: “The second region 120_2 may include a plurality of second nanostructures NS2 two dimensionally arranged in the radial direction and the circumferential direction… The N-th region 120_N may include a plurality of N-th nanostructures NSN two dimensionally arranged in the radial direction and the circumferential direction.” and paragraph [0121]: “FIG. 12, like FIG. 10, is a view corresponding to a cross-section taken along line A-A″ in the plan view of FIG. 2.”), wherein a positional arrangement of the plurality of second nanostructures is determined according to a second rule (paragraphs [0078]-[0079]: “The plurality of second nanostructures NS2 may be distributed according to a second rule… The plurality of N-th nanostructures NSN may be distributed according to an N-th rule.” and paragraph [0121]: “A nanostructures NSk arrangement rule may be determined in each of the first region 123_1, the second region 123_2, . . . , the N-th region 123_N”),
wherein each of the first rule and the second rule has parameters w and p (see p, w in Fig. 13), w denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures (width w) and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures (pitch p),
wherein a region (In Fig. 13 the region from about r=40 to about r=190, see examiner’s first markup of Fig. 13 below), in which a section satisfying △w×△p > 0 (In Fig. 13 the section from about r=40 to about r=140 and another section from about r=150 to about r=190 where both w and p are decreasing such that △w×△p > 0) and a section satisfying △w×△p < 0 are included (In Fig. 13 the section from about r=140 to about r=150 where w is still decreasing but p is increasing such that △w×△p < 0), is formed and extends in the radial direction in the first region and any one of the plurality of second regions (the region from r=40 to r=190 is formed and extends in a radial direction from the first region, r=0 to r=150 into the second region from r=150 to r=215),
wherein the section satisfying △w×△p < 0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional (In Fig. 13 the section from about r=140 to about r=150 w is decreasing but p is increasing, thus they are “inversely proportional”. Note that “inversely proportional” is not interpreted as a literal mathematical expression because such an interpretation would not have been supported by the parent application as filed. Rather, “inversely proportional” is understood as that one of the width or the pitch is decreasing at the same radius as the other of the width and the pitch is increasing.),
wherein the section satisfying △w×△p > 0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional (In Fig. 13 the section from about r=40 to about r=140 and another section from about r=150 to about r=190 where both w and p are decreasing, thus where they are directly proportional. Note that “directly proportional” is not interpreted as a literal mathematical expression because such an interpretation would not have been supported by the parent application as filed. Rather, “directly proportional” is understood as where both the width and pitch are decreasing or both the width and the pitch are increasing at the same radius.), and
wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole (see Fig. 2 and paragraph [0092]: “polar symmetry”).”
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Regarding claim 2, Han teaches “The meta-lens of claim 1, wherein
the first rule and the second rule comprise a rule according to which the width w of the plurality of first nanostructures or the plurality of second nanostructures increases or decreases as a distance from the center point increases in the radial direction (see Fig. 13 one can define the boundaries of the first, second and Nth regions such that the width within any given region is decreasing. See the boundaries set in claim 1, a first region in Fig. 13 from r=0 to about r=150 and a second region in Fig. 13 from about r=150 to about r=215), and
the arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures decreases and then increases as the distance from the center point increases in the radial direction (see Fig. 13. In the first region p decreases from r=0 to about r=140 and then increases from r=140 to about r=150. In the second region p decreases from about r=150 to about r=200 and then increases from about r=200 to about r=215).”
Regarding claim 3, Han teaches “The meta-lens of claim 2, wherein a maximum arrangement interval pmax (see examiner’s second markup of Fig. 13 below pmax of the second region is about 500) and a minimum arrangement interval pmin (see examiner’s second markup of Fig. 13 below pmin of the second region is about 300) in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures satisfy the following condition:
pmax-pmin > 0.2×pmax (given the values above pmax-pmin=200 while 0.2 x pmax=100, thus pmax-pmin > 0.2×pmax).”
Regarding claim 4, Han teaches “The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which arrangement intervals p in the circumferential direction between a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same (paragraph [0091]: “the interval between adjacent nanostructures NSk is independent from φ and may be expressed only as a function of r.” Thus the first and second rules which determine the arrangement of intervals p in the circumferential direction are such that the interval p of the nanostructures at the same radius are equal to one another.).”
Regarding claim 5, Han teaches “The meta-lens of claim 1, wherein the first rule and the second rule comprise a rule according to which widths w of a plurality of nanostructures arranged apart from the center point by a radius of a same size, from among the plurality of first nanostructures or the plurality of second nanostructures, are the same (paragraph [0091]: “the shape of the nanostructures NSk at each position… is independent from φ and may be expressed only as a function of r.” Thus the first and second rules which determine the arrangement of the shapes, which includes the width of the shape, in the circumferential direction are such that the width w of the nanostructures at the same radius are equal to one another.).”
Regarding claim 6, Han teaches “The meta-lens of claim 1, wherein when an arrangement interval in the circumferential direction of a plurality of nanostructures positioned at a first radius r1 is p1 and an arrangement interval in the circumferential direction between a plurality of nanostructures positioned at a second radius r2 adjacent to the first radius r1 in a direction away from the center point in the radial direction is p2, one of the following two conditions is satisfied:
r2-r1 = (p1+p2)/2 or r2-r1 = {(p1+p2)/2}^(3/2) (see examiner’s markup of a region within Fig. 12 below. The distance marked as “p” in Fig. 12 is both the interval between the nanostructures and the difference in radii between the centers of the nanostructures. Thus (r1-r2)=p. Since p does not drastically change within a region 123_k, this also means that (r1+r2)=(p1+p2)/2. Furthermore, since “r” of a nanostructure can be arbitrarily chosen within the unit cell surrounding the nanostructure it is also the case that the difference in radii, r2-r1 is the average of the pitches p1 and p2 such that (r1+r2)=(p1+p2)/2).”
Regarding claim 7, Han teaches “The meta-lens of claim 1, wherein a target phase change range with respect to light of a predetermined wavelength band incident on the meta-lens in each of the first region and the plurality of second regions is from 0 to 2 π (e.g. paragraph [0117]: “The target phase is set to indicate a phase change range of 2π with respect to a central wavelength” See also Fig. 14 the target phase extends from -3 to +3 radians which is a range of about 1.9 π. Although, it is being depicted as -3 to +3, phase is 2 π invariant such that the position of the center of the graph is arbitrary.).”
Regarding claim 8, Han teaches “The meta-lens of claim 7, wherein the predetermined wavelength band of light comprises a visible light wavelength band (e.g. paragraph [0085]: “The predetermined wavelength band may be a visible light wavelength band.”).”
Regarding claim 9, Han teaches “The meta-lens of claim 1, wherein the first region has a circular shape (see e.g. Fig. 2 and paragraph [0009]: “The first region has a circular shape”), and each of the plurality of second regions have a concentric ring shape (see e.g. Fig. 2 and paragraph [0009]: “each of the plurality of second regions have a concentric ring-shape.”).”
Regarding claim 10, Han teaches “The meta-lens of claim 1, wherein a width of the first region and each of the plurality of second regions in the radial direction decreases as a distance from the center point increases in the radial direction (see e.g. Fig. 13 and paragraphs [0031]-[0032]: “A radial width of the plurality of second regions may be less than a radius of the first region. The radial width of each of the plurality of second regions may decrease in a direction away from the first region.”).”
Regarding claim 11, Han teaches “The meta-lens of claim 1, further comprising a substrate (substrate 110) on which the plurality of first nanostructures and the plurality of second nanostructures are provided (see Fig. 12), wherein the plurality of first nanostructures and the plurality of second nanostructures comprise a material having a refractive index greater than a refractive index of the substrate (e.g. paragraph [0033]: “the plurality of first nanostructures and the plurality of second nanostructures respectively may include a material having a refractive index greater than that of the substrate.”).”
Regarding claim 13, Han teaches “The meta-lens of claim 11, further comprising a protective layer (protective layer 130, 131, 132) covering the substrate and the plurality of first nanostructures and the plurality of second nanostructures (see Fig. 13).”
Regarding claim 17, Han teaches “The meta-lens of claim 1, wherein heights of the plurality of first nanostructures and the plurality of second nanostructures are different in at least two regions of the first region and the plurality of second regions (paragraph [0023]: “A height of the plurality of first nanostructures and a height of the plurality of second nanostructures may be different from each other in at least two locations of the first region and the plurality of second regions.” and paragraph [0119]: “A predetermined rule may be set and applied not only to the width w and the pitch p, but also to the height H of the nanostructures NSk for each region 122_k.” thus it is evident that the heights can also obey rules within regions that have rules for w and p).”
Regarding claim 18, Han teaches “The meta-lens of claim 1, wherein a fill factor of each of the plurality of first nanostructures or the plurality of second nanostructures with respect to a unit region having a width equal to an arrangement interval p in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is in a range of about 25% to about 60% (see the examiner’s markup of Fig. 13 below. At a radius of about r=185, p=300 and w=154, based on the scaling factor of 100 equals 0.5 inches. Thus the fill factor is (1852)/(3002)=0.26 or 26% which is in the claimed range. Aside from the extremes other p/w pairs also have a fill factor of “about 25%”. Note that claim 18 is not interpreted as requiring that the fill factor of all unit regions lie within the range of about 25% to about 60%, but rather that some fill factors within the claimed range are present.).”
Regarding claim 19, Han teaches “The meta-lens of claim 1, wherein a cross-section of the plurality of first nanostructures or the plurality of second nanostructures has a symmetric shape (paragraph [0020]: “Each of the plurality of first nanostructures and the plurality of second nanostructures may have a cylindrical shape or a polygonal shape.” see Figs. 5 and 6. A square cross-sectional shape has bilateral symmetry across any axis that intersects the center of the square. A circular cross-section has bilateral symmetry across any axis that intersects the center of the circle as well as polar symmetry about the center of the circle).”
Regarding claim 20, Han teaches “A meta-lens (the meta-lens 103 of Figs. 2, 12 and 13) comprising:
a first region (first region 123_1. In Fig. 13 the region from r=0 to about r=150) including a plurality of first nanostructures (plurality of nanostructures NS1) that are two-dimensionally arranged in a circumferential direction and a radial direction based on a center point (see Fig. 2 paragraph [0077]: “The first region 120_1 may include a plurality of first nanostructures NS1 two dimensionally arranged in a radial direction and a circumferential direction.” and paragraph [0121]: “FIG. 12, like FIG. 10, is a view corresponding to a cross-section taken along line A-A″ in the plan view of FIG. 2.”), wherein a positional arrangement of the plurality of first nanostructures is defined according to a first rule (paragraph [0077]: “The plurality of first nanostructures NS1 may be distributed according to a first rule.” and paragraph [0121]: “A nanostructures NSk arrangement rule may be determined in each of the first region 123_1,”);
a plurality of second regions (second to Nth regions 123_2 to 123_N. In Fig. 13 let the second region be from about r=150 to about r=215) surrounding the first region (see Figs. 2 and 12) and including a plurality of second nanostructures (nanostructures NS2 to NSN) that are two-dimensionally arranged in the circumferential direction and the radial direction based on the center point (paragraph [0078]-[0079]: “The second region 120_2 may include a plurality of second nanostructures NS2 two dimensionally arranged in the radial direction and the circumferential direction… The N-th region 120_N may include a plurality of N-th nanostructures NSN two dimensionally arranged in the radial direction and the circumferential direction.” and paragraph [0121]: “FIG. 12, like FIG. 10, is a view corresponding to a cross-section taken along line A-A″ in the plan view of FIG. 2.”), wherein a positional arrangement of the plurality of second nanostructures is defined according to a second rule(paragraphs [0078]-[0079]: “The plurality of second nanostructures NS2 may be distributed according to a second rule… The plurality of N-th nanostructures NSN may be distributed according to an N-th rule.” and paragraph [0121]: “A nanostructures NSk arrangement rule may be determined in each of the first region 123_1, the second region 123_2, . . . , the N-th region 123_N”); and
a protective layer (protective layer 130, 131, 132) covering the plurality of first nanostructures and the plurality of second nanostructures (see Fig. 12),
wherein each of the first rule and the second rule has parameters w and p, w (see p, w in Fig. 13) denoting a width of each of the plurality of first nanostructures or the plurality of second nanostructures (width w) and p denoting an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures (pitch p),
wherein a region (In Fig. 13 the region from about r=40 to about r=190, see examiner’s first markup of Fig. 13 below) where a section satisfying △w×△p > 0 (In Fig. 13 the section from about r=40 to about r=140 and another section from about r=150 to about r=190 where both w and p are decreasing such that △w×△p > 0) and a section satisfying △w×△p < 0 (In Fig. 13 the section from about r=140 to about r=150 where w is still decreasing but p is increasing such that △w×△p < 0) coexist is formed and extends in the radial direction in the first region and any one of the plurality of second regions (The region from r=40 to r=190 is formed and extends in a radial direction from the first region, r=0 to r=150 into the second region from r=150 to r=215, and the two sections above coexist within this radial region.),
wherein the section satisfying △w×△p < 0 indicates that a change in w and a change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is inversely proportional (In Fig. 13 the section from about r=140 to about r=150 w is decreasing but p is increasing, thus they are “inversely proportional”. Note that “inversely proportional” is not interpreted as a literal mathematical expression because such an interpretation would not have been supported by the parent application as filed. Rather, “inversely proportional” is understood as that one of the width or the pitch is decreasing at the same radius as the other of the width and the pitch is increasing.),
wherein the section satisfying △w×△p > 0 indicates that the change in w and the change in p for adjacent nanostructures of the plurality of first nanostructures or the plurality of second nanostructures is directly proportional (In Fig. 13 the section from about r=40 to about r=140 and another section from about r=150 to about r=190 where both w and p are decreasing, thus where they are directly proportional. Note that “directly proportional” is not interpreted as a literal mathematical expression because such an interpretation would not have been supported by the parent application as filed. Rather, “directly proportional” is understood as where both the width and pitch are decreasing or both the width and the pitch are increasing at the same radius.), and
wherein the plurality of first nanostructures and the plurality of second nanostructures are arranged to have a polar symmetry as a whole (see Fig. 2 and paragraph [0092]: “polar symmetry”).”
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Claims 12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Han et al. US 2020/0174163 A1 (hereafter Han) as evidenced by Stevenson et al. US 2004/0183759 A1 (hereafter Stevenson).
Regarding claim 12, Han teaches “The meta-lens of claim 11, wherein a difference between the refractive index of the substrate and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3 (paragraph [0034]: “A difference between a refractive index of the substrate and a refractive index of the plurality of first nanostructures and the plurality of second nanostructures, respectively, may be equal to or greater than 0.5.” For example paragraph [0083] states “The substrate 110 may include one of the materials, such as glass (fused silica, BK7, etc.), quartz, polymer (poly(methyl methacrylate) (PMMA), SU-8, etc.) and plastic, and may be a semiconductor substrate. The nanostructures NSk may include at least one of c-Si, p-Si, a-Si, and a Group III-V compound semiconductor (gallium phosphide (GaP), gallium nitride (GaN), gallium arsenide (GaAs), etc.), silicon carbide (SiC), titanium dioxide (TiO.sub.2), and silicon nitride (SiN).” (emphasis added) It is well-known that the refractive index of quartz is about 1.45 and that the refractive index of silicon nitride is about 2.0, see Stevenson paragraph [0081]: “a quartz (i.e., silicon dioxide) block having a refractive index of approximately 1.45… a block of silicon nitride (refractive index of approximate 2.0).” Thus, for example, the difference between the refractive index of the substrate and the refractive index of the nanostructures may be 0.55, which is within the claimed range.).”
Regarding claim 14, Han teaches “The meta-lens of claim 13, wherein a difference between a refractive index of the protective layer and a respective refractive index of the plurality of first nanostructures and the plurality of second nanostructures is greater than or equal to about 0.4 and less than or equal to about 3 (paragraphs [0082]-[0083]: “A refractive index difference between the protective layer 130 and the nanostructures NSk may be 0.5 or more…. The nanostructures NSk may include at least one of c-Si, p-Si, a-Si, and a Group III-V compound semiconductor (gallium phosphide (GaP), gallium nitride (GaN), gallium arsenide (GaAs), etc.), silicon carbide (SiC), titanium dioxide (TiO.sub.2), and silicon nitride (SiN). The protective layer 130 may include a polymer material, such as SU-8, PMMA, etc. or a low refractive material such as silicon dioxide (SiO.sub.2).” (emphasis added). It is well-known that the refractive index of silicon dioxide is about 1.45 and that the refractive index of silicon nitride is about 2.0, see Stevenson paragraph [0081]: “a quartz (i.e., silicon dioxide) block having a refractive index of approximately 1.45… a block of silicon nitride (refractive index of approximate 2.0).” Thus, for example, the difference between the refractive index of the protective layer and the refractive index of the nanostructures may be 0.55, which is within the claimed range.).”
Regarding claim 15, Han teaches “The meta-lens of claim 13, wherein when a respective refractive index and a respective height of the plurality of first nanostructures and the plurality of second nanostructures are respectively npost (the refractive index of the nanostructures, where paragraph [0083] teaches “The nanostructures NSk may include at least one of… silicon nitride (SiN).” It is well-known that the refractive index of silicon nitride is about 2.0, see Stevenson paragraph [0081]: “a block of silicon nitride (refractive index of approximate 2.0).” thus npost may be 2.0) and h (paragraph [0101]: “height Hk”), a refractive index of the protective layer is nclad (paragraph [0083]: “The protective layer 130 may include… a low refractive material such as silicon dioxide (SiO.sub.2).” (emphasis added). It is well-known that the refractive index of silicon dioxide is about 1.45 see Stevenson paragraph [0081]: “a quartz (i.e., silicon dioxide) block having a refractive index of approximately 1.45” thus nclad may be 1.45).”), and a center wavelength of a predetermined wavelength band of light incident on the meta-lens is λ (e.g. paragraph [0101]: “when λ is a wavelength within the predetermined wavelength band” which would include the central wavelength λm), the following condition is satisfied:
3/2 × λ/(npost- nclad) ≤ h (paragraph [0101]: “λ/2≤Hk≤6λ” Given the values above npost- nclad =0.55, or paragraph [0036]: “A difference between a refractive index of the protective layer and a refractive index of the plurality of first nanostructures and the plurality of second nanostructures, respectively, may be equal to or greater than 0.5”. If npost- nclad =0.5, then 3/2 × λ/(npost- nclad)= 3λ. If npost- nclad =0.55, then 3/2 × λ/(npost- nclad)= 2.72λ. Both of these values are in the middle of the disclosed range λ/2≤Hk≤6λ, such that Han teaches 3/2 × λ/(npost- nclad) ≤ h with sufficient specificity to anticipate the claim.).”
Regarding claim 16, Han teaches “The meta-lens of claim 15, wherein when an arrangement interval in the circumferential direction between the plurality of first nanostructures or the plurality of second nanostructures is p, the following condition is satisfied:
p < λ/2 (paragraphs [0011]-[0013]: “The predetermined wavelength band may include a visible light wavelength band… A first interval between adjacent nanostructures of the plurality of first nanostructures and a second interval between adjacent nanostructures of the plurality of second nanostructures, respectively, may be less than λ, where λ is a wavelength of the incident light within the predetermined wavelength band.” These teach that p < λ. Fig. 13 shows p in the range of 300 to 500, supposedly in µm. However, since p < λ and λ is in the visible range, typically 400 to 750 nm, it is self-evident that the y-axis label of Fig. 13 is incorrect and should have been in nanometers, not microns. Thus p < λ/2 in that p=300 nm is less than half of λ for λ between 600 and 750 nm. Also, as seen in Fig. 8 λ may be as large as 940 nm, in which case all of the periods between 300 and 470 nm are less than λ/2. Note that claim 16 is not considered to limit all of the interval arrangements of the nanostructures to being less than half of any of the wavelengths in the wavelength band, because claim 16 recites “an arrangement interval” and claim 15 recites “a center wavelength” not all arrangement intervals nor all wavelengths within the wavelength band.).”
Conclusion
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/CARA E RAKOWSKI/Primary Examiner, Art Unit 2872
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