CTNF 18/776,689 CTNF 82728 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Notice of Pre-AIA or AIA Status 07-06 AIA 15-10-15 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 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. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2, 4-8, 10-11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Henriksen et al. (WO 2021/048103; US 2022/0334452 is used as a tentative translation) . Regarding claim 1 , Henriksen et al. (figures 1A-3D) discloses a method comprising: determining a relationship between the optical power of a tunable lens and the capacitance of a piezoelectric element configured to deform the tunable lens (by obtaining, via measurements, the capacitance C of the piezoelectric actuator 101 for a given voltage V, this relationship will give the correct information about the optical power at that voltage OP(V); see at least paragraph 0079); measuring the capacitance of the piezoelectric element (by obtaining, via measurements, the capacitance C of the piezoelectric actuator 101 for a given voltage V, this relationship will give the correct information about the optical power at that voltage OP(V); see at least paragraph 0079); and applying a driving voltage to the piezoelectric element based on the measured capacitance to induce a desired optical power in the tunable lens (The transition time count value n can be measured in various ways, e.g. by use of a timer which is started in response to starting applying a first voltage value V 1 when the actuator 101 is in a known state such as the first state X 1 and stopped when the second state X 2 is reached in response to a second applied voltage value V 2; see at least paragraph 0087) . Regarding claim 2 , Henriksen et al. (figures 1A-3D) discloses wherein determining the relationship between the optical power and the capacitance comprises evaluating at least two conditions selected from the group consisting of an initial optical power of the tunable lens, piezoelectric hysteresis of the piezoelectric element, thermal drift of the optical power, and viscoelastic creep of a component of the tunable lens (see at least paragraphs 0075-0076; 0083; figures 2A-2B). Regarding claim 4 , Henriksen et al. (figures 1A-3D) discloses wherein applying the driving voltage comprises: applying a first driving voltage to the piezoelectric element to generate a first optical power in the tunable lens; applying a reset voltage less than the first driving voltage to the piezoelectric element to reset the tunable lens; and applying a second driving voltage less than the first driving voltage to the piezoelectric element to generate a second optical power in the tunable lens (It has been observed that the values of optical power OP for descending voltages from a certain maximum voltage Vmax follows the same descending OP(V) curve of the full voltage range Vmin to Vmax. This observation may be utilized for hysteresis compensation according to an embodiment of the invention. The same applies for the ascending curve, so that the same ascending OP(V) curve is followed from a certain minimum voltage Vmin in the full voltage range Vmin to Vmax; see at least paragraph 0065; figures 2A-3B). Regarding claim 6 , Henriksen et al. (figures 1A-3D) discloses a method comprising: applying a first driving voltage to a piezoelectric element to generate a first optical power in a tunable lens; applying a reset voltage less than the first driving voltage to the piezoelectric element to reset the tunable lens; and applying a second driving voltage to the piezoelectric element to generate a second optical power in the tunable lens, wherein the second driving voltage is less than the first driving voltage (It has been observed that the values of optical power OP for descending voltages from a certain maximum voltage Vmax follows the same descending OP(V) curve of the full voltage range Vmin to Vmax. This observation may be utilized for hysteresis compensation according to an embodiment of the invention. The same applies for the ascending curve, so that the same ascending OP(V) curve is followed from a certain minimum voltage Vmin in the full voltage range Vmin to Vmax; see at least paragraph 0065; figures 2A-3B). Regarding claim 7 , Henriksen et al. (figures 1A-3D) discloses wherein applying the reset voltage comprises applying zero volts or a negative voltage to the piezoelectric element (figures 2A-2B). Regarding claim 8 , Henriksen et al. (figures 1A-3D) discloses wherein the first optical power is less than the second optical power (It has been observed that the values of optical power OP for descending voltages from a certain maximum voltage Vmax follows the same descending OP(V) curve of the full voltage range Vmin to Vmax. This observation may be utilized for hysteresis compensation according to an embodiment of the invention. The same applies for the ascending curve, so that the same ascending OP(V) curve is followed from a certain minimum voltage Vmin in the full voltage range Vmin to Vmax; see at least paragraph 0065; figures 2A-3B). Regarding claim 10 , Henriksen et al. (figures 1A-3D) discloses sensing a capacitance of the piezoelectric element (figures 3A-3B; see at least paragraphs 0078-0079). Regarding claim 11 , Henriksen et al. (figures 1A-3D) discloses wherein the first and second driving voltages are determined from respective capacitance measurements of the piezoelectric element (figures 3A-3B; see at least paragraphs 0078-0079) . 07-15 AIA Claim s 12-18 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Merlo Sabina et al.: “Experimental Detection of Piezo-Tunable Micro-Lens Performances by Spot Optical Measurements”, 2019 20 TH INTERNATIONAL CONFERNCE ON SOLID-STATE SENSORS, ACTUATORS AND MICROSYSTEMS & EUROSENSORS XXXIII (TRANDUCERS & EUROSENSORS XXXIII), IEEE, 23 June 2019, pages 1541-1544, XP033600400, DOI: 10.1109/TRANDUCERS 2019.8808809) . Regarding claim 12 , Merlo Sabina et al. (figures 2-3) teaches a method comprising: applying a first driving voltage to the piezoelectric element to generate a first optical power in the tunable lens (0V; see figure 3); applying a second driving voltage greater than the first driving voltage to the piezoelectric element to generate a second optical power in the tunable lens (42V); applying a reset voltage less than the first driving voltage to the piezoelectric element to reset the tunable lens (-4V); and applying a third driving voltage less than the second driving voltage to the piezoelectric element to generate a third optical power in the tunable lens (30V or 48V). Regarding claim 13 , Merlo Sabina et al. (figures 2-3) teaches wherein applying the reset voltage comprises applying zero volts or a negative voltage to the piezoelectric element (figure 3). Regarding claim 14 , Merlo Sabina et al. (figures 2-3) teaches wherein the third driving voltage is greater than the first driving voltage (figure 3). Regarding claim 15 , Merlo Sabina et al. (figures 2-3) teaches wherein the second optical power is greater than the first optical power (see figures 2-3 and 6). Regarding claim 16 , Merlo Sabina et al. (figures 2-3) teaches wherein the third driving voltage is less than the second driving voltage (figure 3). Regarding claim 17 , Merlo Sabina et al. (figures 2-3) teaches wherein the third optical power is less than the first optical power (figure 3). Regarding claim 18 , Merlo Sabina et al. (figures 2-3) teaches applying a sensing voltage to the piezoelectric element while applying the first driving voltage, the second driving voltage, and the third driving voltage (see at least abstract) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 3, 5, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Henriksen et al. in view of Merlo Sabina et al.: “Experimental Detection of Piezo-Tunable Micro-Lens Performances by Spot Optical Measurements”, 2019 20 TH INTERNATIONAL CONFERNCE ON SOLID-STATE SENSORS, ACTUATORS AND MICROSYSTEMS & EUROSENSORS XXXIII (TRANDUCERS & EUROSENSORS XXXIII), IEEE, 23 June 2019, pages 1541-1544, XP033600400, DOI: 10.1109/TRANDUCERS 2019.8808809) . Regarding claim 3 , Henriksen et al. discloses the limitations as shown in the rejection of claim 1 above. However, Henriksen et al. is silent regarding applying a sensing voltage to the piezoelectric element while applying the driving voltage. Merlo Sabina et al. (figures 2-3) teaches applying a sensing voltage to the piezoelectric element while applying the driving voltage (see at least abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Merlo Sabina et al . in order to achieve high reliability of the PZT thin films subjected to high voltage electrical pulses that are successful in improving the optical performances of the Tlens. Regarding claim 5 , Merlo Sabina et al. (figures 2-3) teaches wherein applying the driving voltage comprises: applying a first driving voltage to the piezoelectric element to generate a first optical power in the tunable lens (0V; see figure 3); applying a second driving voltage greater than the first driving voltage to the piezoelectric element to generate a second optical power in the tunable lens (42V); applying a reset voltage less than the first driving voltage to the piezoelectric element to reset the tunable lens (-4V); and applying a third driving voltage less than the second driving voltage to the piezoelectric element to generate a third optical power in the tunable lens (30V). Regarding claim 9 , Merlo Sabina et al. (figures 2-3) teaches applying a sensing voltage to the piezoelectric element while applying the first driving voltage and the second driving voltage (see at least abstract) . 07-21-aia AIA Claim s 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Merlo Sabina et al.: “Experimental Detection of Piezo-Tunable Micro-Lens Performances by Spot Optical Measurements”, 2019 20 TH INTERNATIONAL CONFERNCE ON SOLID-STATE SENSORS, ACTUATORS AND MICROSYSTEMS & EUROSENSORS XXXIII (TRANDUCERS & EUROSENSORS XXXIII), IEEE, 23 June 2019, pages 1541-1544, XP033600400, DOI: 10.1109/TRANDUCERS 2019.8808809) in view of Henriksen et al . . Regarding claim 19 , Merlo Sabina et al. discloses the limitations as shown in the rejection of claim 12 above. However, Merlo Sabina et al. is silent regarding applying a sensing voltage to the piezoelectric element while applying the driving voltage. Henriksen et al. (figures 1A-3D) teaches comprising sensing a capacitance of the piezoelectric element (figure 3A; see at least pages 0078-0080). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Henriksen et al. in order to achieve a desired optical response is determined based on the updated model and the set-point voltage is applied to the piezoelectric actuator. Regarding claim 20 , Merlo Sabina et al. as modified by Henriksen et al. (figures 1A-3D) teaches wherein the first, second, and third driving voltages are determined from respective capacitance measurements of the piezoelectric element. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAUREN NGUYEN/Primary Examiner, Art Unit 2871 Application/Control Number: 18/776,689 Page 2 Art Unit: 2871 Application/Control Number: 18/776,689 Page 3 Art Unit: 2871 Application/Control Number: 18/776,689 Page 4 Art Unit: 2871 Application/Control Number: 18/776,689 Page 5 Art Unit: 2871 Application/Control Number: 18/776,689 Page 6 Art Unit: 2871 Application/Control Number: 18/776,689 Page 7 Art Unit: 2871 Application/Control Number: 18/776,689 Page 8 Art Unit: 2871
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