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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/25/2024 and 08/01/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
[1] Claim 6 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 706.03(k).
[2] Claim 6 is further objected to because of the following informalities:
In claim 6 line 2, “the nanopattern” should be “the nanopattern layer” based on claim 1.
Appropriate correction is required.
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.
Claim 12 is 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.
Claim 12 recites “The optical device of claim 26”. However, there is no “claim 26” in the present application. Thereby as being indefinite, claim 12 fails to particular point out and distinctly claim the subject matter. For examination purposes, the examiner considers claim 1 as the claim upon which claim 12 depends.
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 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.
Claims 1-6 and 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20180224574, hereinafter “Lee”) in view of Yang et al. (US 20200409164, hereinafter “Yang”).
Regarding claim 1, Lee discloses an optical device (Fig. 9C; see Para. [0037]) comprising:
a substrate (300); and
a nanopattern layer (NSA; Para. [0057] “a nano-structure array NSA including a plurality of nano-structures NS that are arranged on the support layer SU, and may further include a cover layer 13 configured so as to cover the nano-structures NS”) on the substrate and configured to form a refractive index distribution to exhibit a certain phase delay profile with respect to light in a visible spectrum (Paras. [0046] “phase delay due to the nano-structures NS” and [0099] “A nano-structure NS … may be formed in the visible region … a high refractive index is achieved in the visible wavelength band”),
the nanopattern layer comprising a crystalline compound (Para. [0090] “a crystallized nano-material layer 310 … includes a polycrystalline III-V compound semiconductor layer”) having a refractive index greater than 3 with reference to the light in the visible spectrum (Para. [0096] “the crystallized nano-material layer 310 had a refractive index n greater than 3.780 (n>3.780)”) and having a height of 2 microns or less from a surface of the substrate (Para. [0070] “the thickness ‘t’ of the nano-structure NS may range from about 20 nm to about 300 nm”),
wherein the nanopattern layer includes,
a high refractive index pattern (NS) comprising the crystalline compound (Para. [0096]);
a low refractive index pattern (cover layer 340) comprising a material having a refractive index less than that of the crystalline compound (Para. [0057] “the refractive index of the cover layer 13 may be less than the refractive index of the nano-structure NS”), and
a residual layer (330; Para. [0094]) on a boundary surface between the high refractive index pattern and the low refractive index pattern.
Lee does not explicitly disclose the residual layer comprising a protective material having a resistance to a wet-etching process.
However, Yang teaches using a residual layer (207 in Fig. 2; Paras. [0046]-[0049]) comprising a protective material having a resistance to a wet-etching process, to further fabricate various sub-micron patterns (Para. [0048]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the residual layer as disclosed by Lee with the teachings of Yang, to have the residual layer comprising a protective material having a resistance to a wet-etching process, for the purpose of utilizing a residual layer to further fabricate various grating patterns as needed (Yang: Para. [0048]).
Regarding claim 2, Lee as modified by Yang discloses the limitations of claim 1 above, and Lee further discloses wherein the crystalline compound comprises:
a Group III-V semiconductor compound that is in one or both of monocrystalline phase and polycrystalline phase (Para. [0090]).
Regarding claim 3, Lee as modified by Yang discloses the limitations of claim 1 above, and Lee further discloses wherein the nanopattern layer comprises a selective epitaxial layer of the crystalline compound (Paras. [0070], [0075] and [0081]).
Regarding claim 4, Lee as modified by Yang discloses the limitations of claim 1 above.
In the Figure 9C embodiment, Lee does not explicitly disclose the residual layer comprises a material different from first materials of the high refractive index pattern and second materials of the low refractive index pattern.
However, Lee and Yang teach providing a residual layer comprises a material different from first materials of the high refractive index pattern and second materials of the low refractive index pattern (see Paras. [0068] and [0093] of Lee teaching semiconductor materials for 310 and Si3N4 for 340, and see Para. [0058] of Yang teaching SiO2 for the etch mask).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the residual layer as disclosed by Lee with the teachings of Yang, wherein the residual layer comprises a material different from first materials of the high refractive index pattern and second materials of the low refractive index pattern, for the purpose of utilizing a residual layer to further fabricate various grating patterns as needed (Yang: Para. [0048]).
Regarding claim 5, Lee as modified by Yang discloses the limitations of claim 1 above.
Lee does not explicitly disclose the residual layer includes at least one of SiNx, Al2O3, HfO2, ZrO2, or SiO2.
However, Yang teaches using a residual layer (207 in Fig. 2) including at least one of SiNx, Al2O3, HfO2, ZrO2, or SiO2 (Para. [0058]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the residual layer as disclosed by Lee with the teachings of Yang, wherein the residual layer includes at least one of SiNx, Al2O3, HfO2, ZrO2, or SiO2, for the purpose of utilizing a residual layer to further fabricate various grating patterns as needed (Yang: Para. [0048]).
Regarding claim 6, Lee as modified by Yang discloses the limitations of claim 1 above, and Lee further discloses wherein the nanopattern comprises:
a high refractive index pattern (NS) comprising the crystalline compound (Para. [0096]);
and a low refractive index pattern (cover layer 340) comprising a material having a refractive index less than that of the crystalline compound (Para. [0057] “the refractive index of the cover layer 13 may be less than the refractive index of the nano-structure NS”).
Regarding claim 8, Lee as modified by Yang discloses the limitations of claim 6 above, and Lee further discloses wherein the high refractive index pattern comprises a plurality of nanopillars (Fig. 9C; Para. [0051]), and
the low refractive index pattern surrounds the plurality of nanopillars (Fig. 9C).
Regarding claim 9, Lee as modified by Yang discloses the limitations of claim 6 above, and Lee further discloses wherein the low refractive pattern defines a plurality of pillar-shaped holes (Fig. 9C).
Regarding claim 10, Lee as modified by Yang discloses the limitations of claim 6 above, and Lee further discloses wherein the low refractive index pattern includes at least one of SiO2, MgF2, or Si3N4 (see Para. [0093] teaching Si3N4 for 340).
Regarding claim 11, Lee as modified by Yang discloses the limitations of claim 1 above, and Lee further discloses wherein a difference between the refractive index of the high refractive index pattern and the low refractive index pattern is greater than or equal to 1 (see Paras. [0070] and [0093]. For example, choose, AlSb and glass which have the refractive index of 4.259 and 1.519, respectively, at 550 nm).
Regarding claim 12, Lee as modified by Yang discloses the limitations of claim 1 above (see 112(b) rejections above), and Lee further discloses wherein the difference between the refractive index of the high refractive index pattern and the low refractive index pattern is greater than or equal to 2.5 (see Paras. [0070] and [0093]. For example, choose, AlSb and glass which have the refractive index of 4.259 and 1.519, respectively, at 550 nm).
Regarding claim 13, Lee as modified by Yang discloses the limitations of claim 1 above, and Lee further discloses wherein the nanopillars have a width ranging from 10 nm to 500 nm (Para. [0070]).
Regarding claim 14, Lee as modified by Yang discloses the limitations of claim 1 above.
In the Figure 9C embodiment, Lee does not disclose the nanopattern layer has a multi-layered structure.
In the Figure 5 embodiment and discussion, however, Lee teaches a nanopattern layer has a multi-layered structure (Para. [0058]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Figure 9C configuration as disclosed by Lee, wherein the nanopattern layer has a multi-layered structure, for the purpose of obtaining desired optical properties as needed using a meta-optical device (Lee: Para. [0005]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Yang, and in further view of Heck et al. (US 20190044003, hereinafter “Heck”).
Regarding claim 7, Lee as modified by Yang discloses the limitations of claim 6 above.
Lee does not explicitly disclose the low refractive index pattern comprises a plurality of nanopillars, and
the high refractive index pattern surrounds the plurality of nanopillars.
However, Heck teaches both cases (Fig. 3), where a high refractive index pattern comprises a plurality of nanopillars wherein a low refractive index pattern surrounds the plurality of nanopillars (310 surrounded by a low refractive index pattern such as air; Para. [0052]); and a low refractive index pattern comprises a plurality of nanopillars wherein a high refractive index pattern surrounds a plurality of nanopillars (a low refractive index material surrounded by silicon blocks).
Since Lee already describes the case wherein the high refractive index pattern comprises a plurality of nanopillars, and the low refractive index pattern surrounds the plurality of nanopillars (Figure 4), it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the optical device as disclosed by Lee with the teachings of Heck, wherein the low refractive index pattern comprises a plurality of nanopillars, and the high refractive index pattern surrounds the plurality of nanopillars., for the purpose of changing a phase displacement of a metasurface as required (Heck: Paras. [0053], [0055]).
Claims 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Yang, and in further view of Park et al. (US 20210103075, hereinafter “Park”).
Regarding claim 15, Lee as modified by Yang discloses the limitations of claim 14 above, and Lee further discloses wherein the multi-layered nanopattern structure includes,
the nanopattern layer (NS1), and
a second nanopattern layer (NS2).
Lee does not explicitly disclose a bottom surface of the second nanopattern layer is coplanar with a top surface of the nanopattern layer.
However, Park teaches providing a multi-layered nanopattern structure (Fig. 4C), wherein a bottom surface of a second nanopattern layer is coplanar with a top surface of a first nanopattern layer (see the bottom surface of ne2 and the top surface of ne1).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the multi-layered nanopattern structure as disclosed by Lee with the teachings of Park, wherein a bottom surface of the second nanopattern layer is coplanar with a top surface of the nanopattern layer, for the purpose of implementing a metasurface having a desired transmission phase distribution (Park: Para. [0094]).
Regarding claim 16, Lee as modified by Yang and Park discloses the limitations of claim 15 above.
Lee does not explicitly disclose the second nanopattern layer includes,
a second high refractive index pattern, and
a second low refractive index pattern.
However, Park teaches a multi-layered nanopattern structure (Fig. 4C), in which a second nanopattern layer includes, a second high refractive index pattern and a second low refractive index pattern (n2 and n4; Para. [0093] “n2>n4”).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the multi-layered nanopattern structure as disclosed by Lee with the teachings of Park, wherein the second nanopattern layer includes a second high refractive index pattern, and a second low refractive index pattern, for the purpose of implementing a metasurface having a desired transmission phase distribution (Park: Para. [0094]).
Regarding claim 17, Lee as modified by Yang and Park discloses the limitations of claim 16 above.
Lee does not explicitly disclose the second low refractive index pattern defines a plurality of nanoholes.
However, Park teaches a multi-layered nanopattern structure (Fig. 4C), in which a second low refractive index pattern defines a plurality of nanoholes (see holes formed between n3).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the multi-layered nanopattern structure as disclosed by Lee with the teachings of Park, wherein the second low refractive index pattern defines a plurality of nanoholes, for the purpose of implementing a metasurface having a desired transmission phase distribution (Park: Para. [0094]).
Regarding claim 18, Lee as modified by Yang and Park discloses the limitations of claim 17 above.
Lee does not explicitly disclose the second low refractive index pattern does not vertically overlap the low refractive index pattern.
However, Park teaches the second low refractive index pattern does not substantially vertically overlap the low refractive index pattern (Fig. 4C; see Para. [0093] teaching n2>n4 and n1<n3) and where the widths of nanostructures may be different and further adjusted (Para. [0081]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the multi-layered nanopattern structure as disclosed by Lee with the teachings of Park, wherein the second low refractive index pattern does not vertically overlap the low refractive index pattern, for the purpose of implementing a metasurface having a desired transmission phase distribution (Park: Para. [0094]).
Regarding claim 19, Lee discloses a lens assembly (Paras. [0052]-[0053]) comprising an optical device (Fig. 9C; Para. [0037]) comprising:
a substrate (300); and
a nanopattern layer (NSA; Para. [0057] “a nano-structure array NSA including a plurality of nano-structures NS that are arranged on the support layer SU, and may further include a cover layer 13 configured so as to cover the nano-structures NS”) on the substrate and configured to form a refractive index distribution to exhibit a certain phase delay profile with respect to light in a visible spectrum (Paras. [0046] “phase delay due to the nano-structures NS” and [0099] “A nano-structure NS … may be formed in the visible region … a high refractive index is achieved in the visible wavelength band”),
the nanopattern layer comprising a crystalline compound (Para. [0090] “a crystallized nano-material layer 310 … includes a polycrystalline III-V compound semiconductor layer”) having a refractive index greater than 3 with reference to the light in the visible spectrum (Para. [0096] “the crystallized nano-material layer 310 had a refractive index n greater than 3.780 (n>3.780)”) and having a height of 2 microns or less from a surface of the substrate (Para. [0070] “the thickness ‘t’ of the nano-structure NS may range from about 20 nm to about 300 nm”),
wherein the nanopattern layer includes,
a high refractive index pattern (NS) comprising the crystalline compound (Para. [0096]);
a low refractive index pattern (cover layer 340) comprising a material having a refractive index less than that of the crystalline compound (Para. [0057] “the refractive index of the cover layer 13 may be less than the refractive index of the nano-structure NS”), and
a residual layer (330; Para. [0094]) on a boundary surface between the high refractive index pattern and the low refractive index pattern.
Lee does not explicitly disclose the residual layer comprising a protective material having a resistance to a wet-etching process.
However, Yang teaches using a residual layer (207 in Fig. 2; Paras. [0046]-[0049]) comprising a protective material having a resistance to a wet-etching process, to further fabricate various sub-micron patterns (Para. [0048]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the residual layer as disclosed by Lee with the teachings of Yang, to have the residual layer comprising a protective material having a resistance to a wet-etching process, for the purpose of utilizing a residual layer to further fabricate various grating patterns as needed (Yang: Para. [0048]).
Lee further fails to disclose an electronic device comprising:
the lens assembly comprising the optical device; and
an image sensor configured to convert an optical image formed by the lens assembly into an electric signal.
However, Park teaches a known electronic device (Figs. 12-13; Paras. [0132], [0160]) comprises:
a lens assembly (1200) comprising an optical device (Paras. [0133], [0160]); and
an image sensor (1700) configured to convert an optical image formed by the lens assembly into an electric signal (Para. [0025]).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the lens assembly as disclosed by Lee with the teachings of Park, to have an electronic device comprising: the lens assembly comprising the optical device; and an image sensor configured to convert an optical image formed by the lens assembly into an electric signal, for the purpose of utilizing the optical device for electronic devices such as a smart phone and a wearable device (Park: Para. [0162]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
(1) Lenef et al. (US 20220109287 A1) teach a metalens array including a plurality of metalenses, each of the metalenses having one or more optical structure.
(2) Akselrod et al. (US 20190301025 A1) teach a method for fabricating a metallic optical metasurface having an array of hologram elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached on (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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/JONATHAN Y JUNG/Primary Examiner, Art Unit 2871
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