DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on July 29, 2026 is acknowledged. Accordingly, claims 14-20 have been withdrawn from further consideration, and claims 1-13 have been examined as follows.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 8 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 13 recite the limitation “the gaps” in line 2. There is insufficient antecedent basis for this limitation in the claims.
Claim 8 recites the limitation “the reference thermal refractive index coefficient” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sunne et al. (US 2013/0342921), of record.
Regarding claim 1, Sunne discloses an athermal metalens (Figs. 1-4), wherein the metalens comprises:
a substrate (110) and a plurality of nanostructures (140, 145);
the plurality of nanostructures are set on at least one side of the substrate, and are arranged in a periodicity (Fig. 1A);
wherein, a thermal refractive index coefficient of the plurality of nanostructures is less than a reference thermal refractive index coefficient (Figs. 6-8; paras. [0001, 0007-0008, 0032, 0044, 0048]).
Regarding claim 2, Sunne discloses wherein the metalens comprises: the reference thermal refractive index coefficient is greater than or equal to 0.01×10−6/K, and is less than or equal to 3000×10−6/K (Figs. 6-8; paras. [0001, 0044, 0046]).
Regarding claim 4, Sunne discloses wherein the metalens comprises:
the plurality of nanostructures (140, 145) are arranged in a plurality of unit cells (Figs. 1A-1B),
the plurality of nanostructures are in dense-packed patterns to form the unit cells (Figs. 1A-1B), and
the vertice or center of the dense-packed pattern is set with the nanostructure (Figs. 1A-1B).
Regarding claim 7, Sunne discloses an athermal metalens (Figs. 1-4), wherein the metalens comprises:
a substrate (110) and a plurality of nanostructures (140, 145);
the plurality of nanostructures are set on one side of the substrate at least and arranged in periodicity (Fig. 1A);
wherein each nanostructure is composed of at least two materials (), and the product of the thermal refractive index coefficient of the at least two materials is less than 0 (Figs. 6-8; paras. [0034-0035, 0040-0041, 0044, 0048]).
Regarding claim 8, Sunne discloses wherein the metalens comprises: the reference thermal refractive index coefficient is greater than or equal to 0.01×10−6/K, and is less than or equal to 3000×10−6/K (Figs. 6-8; paras. [0001, 0044, 0046]).
Regarding claim 9, Sunne discloses wherein when the nanostructure is composed of at least two materials (140, 145), the nanostructure is made of two different materials along the direction of the height axis (e.g., height axis in direction of plane in Fig. 1B).
Regarding claim 10, Sunne discloses wherein when the nanostructure is composed of at least two materials (140, 145), the nanostructure is made of two different materials along the direction perpendicular to the height axis (e.g., height axis in direction normal to plane in Fig. 1B).
Regarding claim 11, Sunne discloses wherein the metalens comprises:
the plurality of nanostructures are arranged in a plurality of unit cells (Figs. 1A-1B),
the plurality of nanostructures are dense-packed pattern to form the unit cell (Figs. 1A-1B), and
the vertice or center of the dense-packed pattern is set with the nanostructure (Figs. 1A-1B).
Claim Rejections - 35 USC § 103
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.
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.
Claims 3, 5, 6, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sunne et al. (US 2013/0342921), as applied to claims 1 and 7 above, and further in view of Diwan et al. (US 2021/0063623).
Regarding claims 3 and 13, Sunne fails to explicitly disclose wherein the metalens comprises: a filler material, and the filler material is used to fill the gaps between the nanostructures.
However, Diwan discloses an athermal metalens (Figs. 1-7; para. [0032]), wherein the metalens comprises:
a filler material (13; para. [0025]), and the filler material is used to fill the gaps between the nanostructures (12) (Figs. 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the metalens comprises: a filler material, and the filler material is used to fill the gaps between the nanostructures, as in Diwan into the athermal metalens of Sunne to support the nanostructures for stability.
Regarding claims 5, 6 and 12, Sunne fails to explicitly disclose wherein the extinction coefficient of the plurality of nanostructures is less than 10−2, and wherein the extinction coefficient of the substrate is less than 10−4.
However, Diwan discloses wherein the extinction coefficient of the plurality of nanostructures (12) is less than 10−2 (paras. [0006, 0030]), and
wherein the extinction coefficient of the substrate (11) is less than 10−4 (paras. [0006, 0029]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the extinction coefficient of the plurality of nanostructures is less than 10−2, and wherein the extinction coefficient of the substrate is less than 10−4, as in Diwan into the athermal metalens of Sunne to have reduced separation of layers during temperature changes (Diwan, paras. [0005-0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The reference of Rodrigues et al. (US 2022/0334413) discloses a metalens comprising a plurality of nanostructures having a thermal coefficient (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CALEY can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
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