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
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 23 December 2025.
Applicant's election with traverse of claims 19-20 in the reply filed on 23 December 2025 is acknowledged. The traversal is on the ground(s) that all the groups respectively describe the similar invention with significant overlapped limitations. This is not found persuasive because independent Claim 19 describes a projection system including specific structural details of sub-pixel units within the SLM that are not detailed in Claims 1-18 of Group I. Furthermore, the above limitations of Group II present separate patentably distinct subject matter than that of Group I.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-8 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (US 11,822,190).
Regarding claim 1, Xu discloses a spatial light modulator (see figures 6-8A, for instance), comprising: a substrate layer (812); a first electrode layer (804a); a second electrode layer (802a); a first metasurface layer (808) comprising at least two metasurface units sequentially arranged (see figure 7B, for instance), wherein a resonance frequency of each of the at least two metasurface units corresponds to a preset incident optical wavelength of each metasurface unit (see figures 9A and 9B, for instance); a phase change material layer (806) configured to perform first phase modulation on incident light of a first wavelength based on a voltage provided by the first electrode layer and the second electrode layer (V1, V2, V3) to obtain a first optical wave, and send the first optical wave to a first metasurface unit (LC1(q1)) in the at least two metasurface units, wherein a preset incident optical wavelength of the first metasurface unit is the first wavelength, wherein the first metasurface unit is configured to perform second phase modulation on the first optical wave to obtain and output a second optical wave; and a first flat layer (810), wherein the substrate layer (812) and the first flat layer (810) are parallel to each other, the first electrode layer (804a) and the second electrode layer (802b) are respectively disposed on opposite sides of the substrate layer (812) and the first flat layer (810), and the first metasurface layer (808) and the phase change material layer (806) are disposed between the first electrode layer (804b) and the second electrode layer (802b).
Regarding claim 2, Xu discloses the spatial light modulator according to claim 1, wherein the first metasurface unit comprises a plurality of nano-antennas (column 11, line 5), and each of the plurality of nano-antennas is in a cylindrical shape (see figure 5A); and when a nano-antenna is a dielectric antenna, a diameter of each nano-antenna is greater than or equal to a quarter of the first wavelength and is less than or equal to twice the first wavelength; or when the nano-antenna is a metal antenna, a diameter of each nano-antenna is greater than or equal to one tenth of the first wavelength and is less than or equal to the first wavelength.
Regarding claim 3, Xu discloses the spatial light modulator according to claim 1, wherein the first metasurface unit comprises a plurality of nano-antennas (column 11, line 5), and each of the plurality of nano-antennas is in a cuboid shape (see figure 5B); and when a nano-antenna is a dielectric antenna, each side length of each nano-antenna is greater than or equal to a quarter of the first wavelength and is less than or equal to twice the first wavelength; or when the nano-antenna is a metal antenna, each side length of each nano-antenna is greater than or equal to one tenth of the first wavelength and is less than or equal to the first wavelength.
Regarding claim 4, Xu discloses the spatial light modulator according to claim 3, wherein the plurality of nano-antennas are sequentially arranged in a first direction (see figure 7A), and a long side of each nano-antenna (808) is parallel to an arrangement direction of the at least two metasurface units; and the first direction is perpendicular to the arrangement direction of the at least two metasurface units.
Regarding claim 5, Xu discloses the spatial light modulator according to claim 1, wherein the first metasurface unit comprises a plurality of nano-antennas (column 11, line 5), and each of the plurality of nano-antennas is in an elliptical cylindrical shape (see figure 5D); when a nano-antenna is a dielectric antenna, a length of a major axis and a length of a minor axis of a target cross section of each nano-antenna are greater than or equal to a quarter of the first wavelength and less than or equal to twice the first wavelength; or when the nano-antenna is a metal antenna, a length of a major axis and a length of a minor axis of a target cross section of each nano-antenna are greater than or equal to one tenth of the first wavelength and less than or equal to the first wavelength; and two bottom faces of each nano-antenna are parallel to the first flat layer, and the target cross section of each nano-antenna is a largest cross section of each nano-antenna in an arrangement direction of the at least two metasurface units (see figures 5D and 8A, for instance).
Regarding claim 6, Xu discloses the spatial light modulator according to claim 2, wherein a nano-antenna period corresponding to the first metasurface unit is less than or equal to twice the first wavelength (see figure 7B, for instance; column 11, lines 62-63).
Regarding claim 7, Xu discloses the spatial light modulator according to claim 1, wherein the first electrode layer (804a) is a reflective electrode layer or a transmissive electrode layer.
Regarding claim 8, Xu discloses the spatial light modulator according to claim 1, wherein the first metasurface layer is comprised on a side of the phase change material layer and that faces the second electrode layer, and is in contact with the second electrode layer; or the first metasurface layer (808) is comprised on a side of the phase change material layer (806) and that faces the first electrode layer (804a), and is in contact with the first electrode layer (804a).
Regarding claim 17, Xu discloses the spatial light modulator according to claim 1, wherein the first electrode layer comprises a plurality of first electrodes (see figure 1, 102), the second electrode layer comprises a plurality of second electrodes (see figure 1, 104), the plurality of first electrodes and the plurality of second electrodes form a plurality of electrode pairs (column 6, lines 60-67), and at least one of the plurality of electrode pairs corresponds to one of the at least two metasurface units (808).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Meitav et al. (US 2022/0099977).
Regarding claim 9, Xu discloses the spatial light modulator according to claim 1. However, Xu does not expressly disclose wherein the spatial light modulator further comprises a transmission enhancement layer and a second flat layer, the transmission enhancement layer is disposed on a side of the first flat layer and away from the second electrode layer, and the second flat layer is disposed between the phase change material layer and the first electrode layer.
Meitav discloses a spatial light modulator (see figure 9A, for instance), wherein the spatial light modulator further comprises a transmission enhancement layer (760b) and a second flat layer (690), the transmission enhancement layer (760b) is disposed on a side of the first flat layer and away from the second electrode layer (adjacent top surface 680), and the second flat layer (690) is disposed between the phase change material layer and the first electrode layer (adjacent bottom surface of 680).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the transmission enhancement layer and second flat layer structure as Meitav in the device of Xu. The motivation for doing so would have been to facilitate precise outcoupling of light, as taught by Meitav ([0098]).
Regarding claim 10, Xu in view of Meitav discloses the spatial light modulator according to claim 9, wherein the first metasurface layer (808) is comprised on a side of the second flat layer (Meitav 690) and that faces the phase change material layer (806), and is in contact with the phase change material layer.
Regarding claim 11, Xu in view of Meitav discloses the spatial light modulator according to claim 9, wherein the first metasurface layer (808) is comprised on a side of the phase change material layer (806) and that faces the first electrode layer (804a), and is in contact with the second flat layer (Meitav 690); or the first metasurface layer is comprised on a side of the phase change material layer and that faces the second electrode layer, and is in contact with the second electrode layer.
Regarding claim 12, Xu in view of Meitav discloses the spatial light modulator according to claim 9, wherein the second flat layer (Meitav 690) comprises at least two stacked flat sub-layers, and any two adjacent flat sub-layers in the at least two stacked flat sub-layers have different refractive indexes (Meitav [0098]).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Han et al. (US 2017/0023803).
Regarding claim 13, Xu discloses the spatial light modulator according to claim 1, wherein the at least two metasurface units further comprise a second metasurface unit (see figure 7B, for instance). However, Xu does not expressly disclose wherein the first metasurface unit and the second metasurface unit have different widths in an arrangement direction of the at least two metasurface units.
Han discloses a spatial light modulator (see figure 1, for instance), wherein the at least two metasurface units further comprise a second metasurface unit, and the first metasurface unit and the second metasurface unit have different widths in an arrangement direction of the at least two metasurface units.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the first and second metasurface units having different widths in an arrangement direction as Han in the device of Xu. The motivation for doing so would have been to vary the resonant wavelengths of each portion while also achieving a nanostructure having high resolution as well as high photo efficiency and being capable of controlling characteristics of transmitted and received light, as taught by Han ([0008]; [0056]).
Claim(s) 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Parsons et al. (US 2021/0255490).
Regarding claim 14, Xu discloses the spatial light modulator according to claim 1. However, Xu does not expressly disclose wherein the spatial light modulator further comprises a wavelength selective layer, and the wavelength selective layer is disposed on a side of the phase change material layer and that faces away from the substrate layer; and the wavelength selective layer is configured to select the incident light of the first wavelength from incident light of the spatial light modulator, and send the incident light of the first wavelength to a position at the phase change material layer and that corresponds to the first metasurface unit.
Parsons disclose a spatial light modulator (see figure 7b, for instance), wherein the spatial light modulator further comprises a wavelength selective layer (712B), and the wavelength selective layer is disposed on a side of the phase change material layer (706) and that faces away from the substrate layer (710B); and the wavelength selective layer (712B) is configured to select the incident light of the first wavelength from incident light of the spatial light modulator ([0056]), and send the incident light of the first wavelength to a position at the phase change material layer (706) and that corresponds to the first metasurface unit (708).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the wavelength selective layer as Parsrons in the device of Xu. The motivation for doing so would have been to achieve a desired dielectric constant and refractive index at optical frequencies of input light into the SLM, as taught by Parsons ([0056]).
Regarding claim 15, Xu in view of Parsons discloses the spatial light modulator according to claim 14, wherein the wavelength selective layer (712B, Parsons) comprises a third flat layer and a second metasurface layer that are stacked on each other ([0056]).
Regarding claim 16, Xu in view of Parsons discloses the spatial light modulator according to claim 1. However, Xu does not expressly disclose wherein the spatial light modulator further comprises an orientation layer, and the orientation layer is disposed on a side of the phase change material layer and that faces away from the first metasurface layer, and is in contact with a surface of the phase change material layer and that faces away from the first metasurface layer.
Parsons disclose a spatial light modulator (see figures 9A-9C, for instance), wherein the spatial light modulator further comprises an orientation layer (918, 920), and the orientation layer is disposed on a side of the phase change material layer (906) and that faces away from the first metasurface layer (910), and is in contact with a surface of the phase change material layer (906) and that faces away from the first metasurface layer (910).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the orientation layer as Parsons in the device of Xu. The motivation for doing so would have been to effectively magnify the phase response of the LC layer by selectively adjusting the pre-tile angle of the LC layer, as taught by Parsons ([0059]; [0068]).
Allowable Subject Matter
Claim 18 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 18 recites, inter alia, a wavelength selective switch, comprising: a polarization conversion prism; a diffraction grating plate; a reflective lens; a transmitting lens; and a spatial light modulator, comprising: a substrate layer; a first electrode layer; a second electrode layer; a first metasurface layer comprising at least two metasurface units that are sequentially arranged, and a resonance frequency of each of the at least two metasurface units corresponds to a preset incident optical wavelength of each metasurface unit; a phase change material layer configured to perform first phase modulation on incident light of a first wavelength based on a voltage provided by the first electrode layer and the second electrode layer to obtain a first optical wave, and send the first optical wave to a first metasurface unit in the at least two metasurface units, wherein a preset incident optical wavelength of the first metasurface unit is the first wavelength, wherein the first metasurface unit is configured to perform second phase modulation on the first optical wave to obtain and output a second optical wave; and a first flat layer, wherein the substrate layer and the first flat layer are parallel to each other, the first electrode layer and the second electrode layer are respectively disposed on opposite sides of the substrate layer and the first flat layer, and the first metasurface layer and the phase change material layer are disposed between the first electrode layer and the second electrode layer, wherein the polarization conversion prism, the diffraction grating plate, the reflective lens, and the transmitting lens are jointly configured to convert incident light of the wavelength selective switch into a plurality of third optical waves of different wavelengths, and send the plurality of third optical waves to the spatial light modulator configured to perform phase modulation on each of the plurality of third optical waves to obtain a plurality of fourth optical waves, and send the plurality of fourth optical waves to the transmitting lens at different deflection angles, wherein the plurality of fourth optical waves sequentially pass through the transmitting lens, the reflective lens, the diffraction grating plate, and the polarization conversion prism, and are propagated to an outside of the wavelength selective switch as emitted light of the wavelength selective switch.
None of the prior art of record alone or in combination discloses the claimed invention.
Meitav et al. (US 2022/0099977) discloses a wavelength selective switch (see figure 6, for instance), comprising: a polarization conversion prism (550); a diffraction grating plate (580; [0080]); a reflective lens (270; operates via TIR, see [0080]); a transmitting lens (620); and a spatial light modulator (530).
Xu et al. (US 11,822,190) discloses a spatial light modulator (see figures 6-8A, for instance), comprising: a substrate layer (812); a first electrode layer (804a); a second electrode layer (802a); a first metasurface layer (808) comprising at least two metasurface units that are sequentially arranged (see figure 7B, for instance), and a resonance frequency of each of the at least two metasurface units corresponds to a preset incident optical wavelength of each metasurface unit (see figures 9A and 9B, for instance); a phase change material layer (806) configured to perform first phase modulation on incident light of a first wavelength based on a voltage provided by the first electrode layer and the second electrode layer (V1, V2, V3) to obtain a first optical wave, and send the first optical wave to a first metasurface unit (LC1(q1)) in the at least two metasurface units, wherein a preset incident optical wavelength of the first metasurface unit is the first wavelength, wherein the first metasurface unit is configured to perform second phase modulation on the first optical wave to obtain and output a second optical wave; and a first flat layer (810), wherein the substrate layer (812) and the first flat layer (810) are parallel to each other, the first electrode layer (804a) and the second electrode layer (802b) are respectively disposed on opposite sides of the substrate layer (812) and the first flat layer (810), and the first metasurface layer (808) and the phase change material layer (806) are disposed between the first electrode (804b) layer and the second electrode layer (802b).
However, neither Meitav nor Xu expressly discloses wherein the polarization conversion prism, the diffraction grating plate, the reflective lens, and the transmitting lens are jointly configured to convert incident light of the wavelength selective switch into a plurality of third optical waves of different wavelengths, and send the plurality of third optical waves to the spatial light modulator configured to perform phase modulation on each of the plurality of third optical waves to obtain a plurality of fourth optical waves, and send the plurality of fourth optical waves to the transmitting lens at different deflection angles, wherein the plurality of fourth optical waves sequentially pass through the transmitting lens, the reflective lens, the diffraction grating plate, and the polarization conversion prism, and are propagated to an outside of the wavelength selective switch as emitted light of the wavelength selective switch, nor would it have been obvious to do so in combination.
Conclusion
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/NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 1/5/2026