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 .
Drawings
The drawings filed on 10/09/2024 are acceptable.
Claim Objections
Claim 18 is objected to because of the following informalities: “for each nanostructure” should read “for each of a nanostructure”. Appropriate correction is required.
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.
Claims 1-3, 6, 9-10, 12, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (US20220365482A1).
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With respect to Claim 1, Yu discloses an optical metasurface comprising:
a plurality of asymmetric nanostructures (Fig. 15A-- 1522, nanostructure; [0156]) comprising a cross-section defined at least by a first dimension (see annotated Fig. 16 D) and a second dimension (see annotated Fig. 16 D), each asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) positioned at a nanostructure location and configured to receive incident light ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface);
wherein the first dimension (see annotated Fig. 16 D) is defined based on an angle of incidence of the incident light at the nanostructure location, and a phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay);
wherein the second dimension (see annotated Fig. 16 D) is defined based on the angle of incidence of the incident light at the nanostructure location, and the phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay); and
wherein the first dimension (see annotated Fig. 16 D) and the second dimension (see annotated Fig. 16 D) of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) are defined to counteract a birefringent property at the angle of incidence (As stated in paragraph [0088] of the instant application, “By defining the first dimension and the second dimension independently, the birefringent effects of the nanostructure at the particular nanostructure location may be counteracted.” Yu teaches an elliptical shaped nanostructure which may have different diameters; thus, they are defined as to counteract a birefringent property at the angle of incidence).
With respect to Claim 2, Yu discloses the optical metasurface of claim 1, and further discloses wherein the plurality of asymmetric nanostructures (Fig. 15A-- 1522, nanostructure; [0156]) are defined to generate a diffractive transmitted light pattern based on the phase retardation values at each of the nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) locations ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay).
With respect to Claim 3, Yu discloses the optical metasurface of claim 1, and further discloses wherein the cross-section of each asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) of the plurality of asymmetric nanostructures (Fig. 15A-- 1522, nanostructure; [0156]) comprises a first axis (see annotated Fig. 16 D) and a second axis (see annotated Fig. 16 D).
With respect to Claim 6, Yu discloses the optical metasurface of claim 1, and further discloses wherein the angle of incidence of the incident light ([0125]: incident light may be between about 0° and about 90°, as distance from the center of the metasurface increases, the angle of the incident light will inherently alter with said distance) is based on a distance between a center of the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]) and the nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) location.
With respect to Claim 9, Yu discloses the optical metasurface of claim 1, and further discloses wherein the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) is further defined by an orientation ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern).
With respect to Claim 10, Yu discloses the optical metasurface of claim 9, and further discloses wherein the orientation ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern) is determined based on an azimuth angle from a base axis ([0156]: the nanostructures may have different tilt angles).
With respect to Claim 12, Yu discloses the optical metasurface of claim 10, and further discloses wherein a plurality of quantized azimuth angle groups are defined (0156]: nanostructures may have different tilt angles in different regions of the metasurfaces), wherein each quantized azimuth angle group is associated with a range of azimuth angles (0156]: nanostructures may have different tilt angles in different regions of the metasurfaces; one of ordinary skill in the art may group nanostructures by tilt angles which fall into different range categories).
With respect to Claim 14, Yu discloses an illumination system comprising:
an optical illumination source (Fig. 23A-- element 2310, light source; [0188]) configured to transmit incident light through (See Fig. 23A) an optical illumination source (Fig. 23A-- element 2310, light source; [0188]); and
the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]) comprising: a plurality of asymmetric nanostructures (Fig. 15A-- 1522, nanostructure; [0156]) comprising a cross-section defined at least by a first dimension (see annotated Fig. 16 D) and a second dimension (see annotated Fig. 16 D), each asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) positioned at a nanostructure location and configured to receive the incident light ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface);
wherein the first dimension (see annotated Fig. 16 D) is defined based on an angle of incidence of the incident light at the nanostructure location, and a phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay);
wherein the second dimension (see annotated Fig. 16 D) is defined based on the angle of incidence of the incident light at the nanostructure location, and the phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay); and
wherein the first dimension (see annotated Fig. 16 D) and the second dimension (see annotated Fig. 16 D) of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) are defined to counteract a birefringent property at the angle of incidence (As stated in paragraph [0088] of the instant application, “By defining the first dimension and the second dimension independently, the birefringent effects of the nanostructure at the particular nanostructure location may be counteracted.” Yu teaches an elliptical shaped nanostructure which may have different diameters; thus, they are defined as to counteract a birefringent property at the angle of incidence).
With respect to Claim 15, Yu discloses an illumination system of claim 14, wherein the angle of incidence is determined based on a position ([0125]: incident light may be between about 0° and about 90°) of the optical illumination source (Fig. 23A-- element 2310, light source; [0188]) relative to the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]).
With respect to Claim 18, Yu discloses a method of manufacturing an optical metasurface, the method comprising:
determining a phase map ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern, Fig. 17a) for the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]), wherein the phase map defines a diffractive transmitted light pattern ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern);
for each nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) location on the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]):
determining an angle of incidence of incident light ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface) at the nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) location;
determining a phase retardation value ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface) at the nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) location based on the phase map ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern, Fig. 17a);
defining an asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) based on the phase retardation value ([0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface), comprising a cross-section defined at least by a first dimension (see annotated Fig. 16 D) and a second dimension (see annotated Fig. 16 D),
wherein the first dimension (see annotated Fig. 16 D) is defined based on an angle of incidence of the incident light at the nanostructure location, and a phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay);
wherein the second dimension (see annotated Fig. 16 D) is defined based on the angle of incidence of the incident light at the nanostructure location, and the phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay); and
wherein the first dimension (see annotated Fig. 16 D) and the second dimension (see annotated Fig. 16 D) of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) are defined to counteract a birefringent property at the angle of incidence (As stated in paragraph [0088] of the instant application, “By defining the first dimension and the second dimension independently, the birefringent effects of the nanostructure at the particular nanostructure location may be counteracted.” Yu teaches an elliptical shaped nanostructure which may have different diameters; thus, they are defined as to counteract a birefringent property at the angle of incidence).
With respect to Claim 19, Yu discloses the optical metasurface of claim 18, and Yu discloses further comprising:
determining an azimuth angle of the nanostructure location from a base axis ([0156]: the nanostructures may have different tilt angles); and determining an orientation of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) based on the azimuth angle ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern).
With respect to Claim 20, Yu discloses the optical metasurface of claim 18, and Yu discloses further comprising adding the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) and associated nanostructure location to an optical metasurface map ([0159]: the nanostructures may be arranged along one direction, two directions, or according to a certain pattern, Fig. 17a).
Claim Rejections - 35 USC § 103
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 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US20220365482A1).
With respect to Claim 7, Yu discloses the optical metasurface of claim 6, and further discloses the first dimension (see annotated Fig. 16 D) and the second dimension (see annotated Fig. 16 D). However, Yu does not explicitly disclose wherein a difference between the first dimension and the second dimension increases as the distance from the center of the optical metasurface of the nanostructure location increases.
The prior art and the instant claim differ by the shape of the first and second dimensions of the nanostructures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to increase the first and second dimensions of the nanostructures as the distance from the center of the optical metasurface of the nanostructure location increases, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because Yu discloses that the nanostructures may have different diameters ([0156]).
With respect to Claim 11, Yu discloses the optical metasurface of claim 10, and further discloses the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]). However, Yu does not explicitly disclose wherein an orientation angle of the asymmetric nanostructure is equal to the azimuth angle.
The prior art and the instant claim differ by the shape of the nanostructure orientation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the orientation angle of the asymmetric nanostructure equal to the azimuth angle, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), MPEP §2144.04(IV)(B). In the instant case, the change in shape does not appear to be significant to the function because Yu discloses that the nanostructures may have different tilt angles ([0156]).
Claims 4-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US20220365482A1) in view of Hail (US 20240168358 A1).
With respect to Claim 4, Yu discloses the optical metasurface of claim 3, and further discloses wherein the first axis (see annotated Fig. 16 D) is defined ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay) based on the angle of incidence of the incident light at the nanostructure location of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]), and the phase retardation value associated with the nanostructure location ([0070]: the target phase of an achromatic device as a function of the location (e.g., the coordinates) on the achromatic device may be determined for multiple wavelengths).
However, Yu does not explicitly disclose wherein the first axis is defined based on a first polarization state of the incident light,
wherein the first polarization state of the incident light is aligned with the first axis of the asymmetric nanostructure.
Yu and Hail are related as both pertaining to the field of optical metasurfaces. Hail does disclose a plurality of asymmetric nanostructures (Fig. 1—element 101, nanostructures; [0090]) which may be shaped such that they induce a polarization selective response (See [0084]; nanostructures may be shaped as elliptical cylinders). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical metasurface of Yu with the polarization selective nanostructures of Hail in order to create an optical metasurface which is able to abruptly manipulate polarization of light in order to attain a high quality factor (Hail, [0005]).
With respect to Claim 5, Yu and Hail disclose the optical metasurface of claim 4, and Yu further discloses wherein the second axis (see annotated Fig. 16 D) is defined ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay) based on the angle of incidence of the incident light at the nanostructure location of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]), and the phase retardation value associated with the nanostructure location ([0070]: the target phase of an achromatic device as a function of the location (e.g., the coordinates) on the achromatic device may be determined for multiple wavelengths).
However, Yu does not explicitly disclose wherein the first axis is defined based on a second polarization state of the incident light,
wherein the second polarization state of the incident light is aligned with the first axis of the asymmetric nanostructure.
Yu and Hail are related as both pertaining to the field of optical metasurfaces. Hail does disclose a plurality of asymmetric nanostructures (Fig. 1—element 101, nanostructures; [0090]) which may be shaped such that they induce a polarization selective response (See [0084]; nanostructures may be shaped as elliptical cylinders). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical metasurface of Yu with the polarization selective nanostructures of Hail in order to create an optical metasurface which is able to abruptly manipulate polarization of light in order to attain a high quality factor (Hail, [0005]).
With respect to Claim 8, Yu discloses the optical metasurface of claim 1, but does not further disclose wherein the first polarization state of incident light and the second polarization state of incident light are orthogonal.
Yu and Hail are related as both pertaining to the field of optical metasurfaces. Hail does disclose a plurality of asymmetric nanostructures (Fig. 1—element 101, nanostructures; [0090]) wherein the first polarization state of incident light and the second polarization state of incident light are orthogonal ([0147]: incident light may be left or right handed circularly polarized). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical metasurface of Yu with the polarization selective nanostructures of Hail in order to create an optical metasurface which is able to abruptly manipulate polarization of light in order to attain a high quality factor (Hail, [0005]).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US20220365482A1) in view of Yuan (US 20220026193 A1).
With respect to Claim 16, Yu discloses an optical imaging sensor comprising:
an optical metasurface (Fig. 15A—element 1520, metasurface; [0155]) configured to transmit incident light toward an image sensor opposite the optical metasurface (Fig. 15A—element 1520, metasurface; [0155]) from the incident light, the optical metasurface comprising:
a plurality of asymmetric nanostructures (Fig. 15A-- 1522, nanostructure; [0156]) comprising a cross-section defined at least by a first dimension (see annotated Fig. 16 D) and a second dimension (see annotated Fig. 16 D), each asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) positioned at a nanostructure location and configured to receive the incident light ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay);
wherein the first dimension (see annotated Fig. 16 D) is defined based on an angle of incidence of the incident light at the nanostructure location, and a phase retardation value associated with the nanostructure location ([0156]: each nanostructure may have a different diameter; [0153]: may be designed to deflect the incident light by any angle, such as any angle between about 0° and about 90°; [0003]: The metasurface includes a plurality of nanostructures configured to modify respective phases of incident light at a plurality of regions of the metasurface… the plurality of nanostructures is configured to, at each region of the plurality of regions, add a respective phase delay);
wherein the second dimension (see annotated Fig. 16 D) is defined based on the angle of incidence of the incident light at the nanostructure location, and the phase retardation value associated with the nanostructure location; and wherein the first dimension (see annotated Fig. 16 D) and the second dimension (see annotated Fig. 16 D) of the asymmetric nanostructure (Fig. 15A-- 1522, nanostructure; [0156]) are defined to counteract a birefringent property at the angle of incidence (As stated in paragraph [0088] of the instant application, “By defining the first dimension and the second dimension independently, the birefringent effects of the nanostructure at the particular nanostructure location may be counteracted.” Yu teaches an elliptical shaped nanostructure which may have different diameters; thus, they are defined as to counteract a birefringent property at the angle of incidence).
However, Yu does not explicitly disclose an optical metasurface configured to transmit incident light toward an image sensor opposite the optical metasurface from the incident light.
Yu and Yuan are related as both pertaining to the field of optical imaging devices. Yuan does disclose an optical surface (Fig. 1—element 14, polarization-sensitive displacement element; [0119]) configured to transmit incident light toward an image sensor (Fig. 1—element 7, detector; [00174]) opposite the optical surface (Fig. 1—element 14, polarization-sensitive displacement element; [0119]) from the incident light (Fig. 1— light passes through element 14 to reach element 7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical metasurface of Yu with the imaging system of Yuan in order to create a device which is useful for imaging objects that demonstrate birefringence (Yuan, [0195]).
With respect to Claim 17, Yu and Sun disclose the optical imaging sensor of claim 16; however, Yu does not disclose further comprising:
a sensor housing comprising an aperture configured to receive the incident light;
an optical lens positioned between the aperture and the optical metasurface, the optical lens configured to receive the incident light passing through the aperture.
Yu and Yuan are related as both pertaining to the field of optical metasurfaces. Sun does disclose a sensor housing (Fig. 1—element 1, apparatus; [0188]) comprising an aperture (Fig. 1—element 3, spatial modulator; [0091]) configured to receive the incident light;
an optical lens (Fig. 1—element 5, dispersing element; [0114]) positioned between (Fig. 1—light passes through the aperture, through element 5, and then to element 7) the aperture (Fig. 1—element 3, spatial modulator; [0091]) and the optical surface (Fig. 1—element 14, polarization-sensitive displacement element ; [0119]), the optical lens (Fig. 1—element 5, dispersing element; [0114]) configured to receive (Fig. 1—light passes from the aperture through element 5) the incident light passing through the aperture (Fig. 1—element 3, spatial modulator; [0091]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the optical metasurface of Yu with the imaging system of Yuan in order to create a device which is useful for imaging objects that demonstrate birefringence (Yuan, [0195]).
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to Claim 13, Neither Yu nor any other combination of the prior art discloses an optical metasurface of claim 12, comprising sixteen quantized azimuth angle groups each quantized azimuth angle groups associated with a range of azimuth angles of 22.5 degrees, along with all other limitations of claims 1, 9, 10, and 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Malhotra (US 20230393305 A1) discloses aspects of the instant invention, see Fig. 1 and [0076]-[0077].
Sun (US 20230236359 A1) discloses aspects of the instant invention, see Fig. 1 and [0023].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI BOURQUINE whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 8:30 - 4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACKENZI BOURQUINE/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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