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 .
Response to Amendment
The amendment filed 05/11/2026 has been entered. Claims 1-3, 6-24 are currently pending. Amendments to the Specification and the claims have overcome the objections and 112(b) rejections set forth in the Non-Final Office Action dated 02/26/2026.
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 1-3, 6-8, 12-13, 16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2013/0002520 – of record; “Choi”).
Claim 1: Choi discloses (figs. 2-4 below) “An electromagnetic wave control element (title, “active metamaterial device”) comprising:
a first patterned conductive layer (¶31, lower electrode 30);
an insulating layer (¶34, dielectric layer 24); and
a layer (50) containing a material of which conductivity changes with a voltage (¶31, “The couple layer 50 may include graphene. Electrical conductivity of the graphene may be changed according to the intensity of an electric field induced between the upper electrode 60 and the lower electrode 30.”)”;
wherein the first patterned conductive layer (30) includes two or more linear structures or linear opening portions (see fig. 2)”.
Choi does not explicitly disclose a shortest distance between adjacent linear structures or between adjacent linear opening portions being from 400 μm to 800 μm. Choi does disclose (see figs. 3 & 4) that the first patterned conductive layer (30) can have different structures (¶35, slit structure or net structure) which have different size linear structures and linear opening portions (¶35, The slit-structured lower electrode 30 and upper electrode 60 may have a first line width 34 ranging from about 1 μm to about 3 μm and a distance 36 ranging from about 3 μm to about 5 μm. The net-structured lower electrode 30 and upper electrode 60 may include first unit cells having a second line width 64 ranging from about 2 μm to about 5 μm and a first size 66 ranging from about 40 μm to about 60 μm).
Choi also discloses that the first patterned conductive layer (30) may transmit light having a terahertz frequency range (¶35).
One of ordinary skill in the art would recognize that the transmittance of electromagnetic radiation through the first patterned conductive layer is affected by the size of the gaps in the first patterned conductive layer and the wavelength of the electromagnetic radiation, and that optical transmittance must be balanced with adequate electrical conductivity/resistance such that the voltage of the material layer (50) can be changed.
Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
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It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the element of Choi wherein a shortest distance between adjacent linear structures or between adjacent linear opening portions being from 400 μm to 800 μm. Doing so would provide an electromagnetic wave control element which meets user requirements at desired operational frequencies.
Claim 2. Choi discloses the electromagnetic wave control element according to claim 1.
Choi discloses (fig. 2) “a second patterned conductive layer (¶31, “upper electrode 60”) on a side of the layer (50) containing the material of which the conductivity changes with the voltage, opposite to a side on which the insulating layer (24) is provided.
Claim 3. Choi discloses the electromagnetic wave control element according to claim 1.
Choi does not explicitly disclose “wherein a minimum value of a transmission attenuation rate of the first patterned conductive layer (30) with respect to electromagnetic waves of 0.2 THz to 0.4 THz is -5.0 dB or more (see Examiner’s note below)”.
However, the electromagnetic wave control element of Choi includes an insulating layer, a layer containing a material of which conductivity changes with voltage, and the first patterned conductive layer (30) includes linear structures/opening portions which contain an oxide conductor. Choi teaches that the first patterned conductive layer (30) can have a slit structure or net structure, and the widths of these structures can be varied (¶35). First pattern conductive layer (30) can also transmit light having a terahertz frequency range (¶35).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide a first patterned layer wherein a minimum value of a transmission attenuation rate with respect to e.m. waves of 0.2 THz to 0.4 THz is -5.0 dB or more. This could be achieved by varying properties of the first patterned conductive layer to achieve different transmission attenuation rates. Doing so would provide an electromagnetic wave control element which meets user requirements.
Examiner’s note: According to MPEP 2112.01, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)”.
Claim 6. Choi discloses the electromagnetic wave control element according to claim 1.
Choi discloses “wherein the material (50) of which the conductivity changes with the voltage includes a two-dimensional material (¶31, “layer 50 may include graphene”)”.
Claim 7. Choi discloses the electromagnetic wave control element according to claim 6.
Choi discloses “wherein the two-dimensional material includes carbon (¶45, “layer 50 may include graphene”)”.
Claim 8. Choi discloses the electromagnetic wave control element according to claim 1.
Choi discloses “wherein the material of which the conductivity changes with the voltage contains graphene (¶45, “layer 50 may include graphene”)”.
Claim 12. Choi discloses the electromagnetic wave control element according to claim 1.
Choi discloses “wherein the first patterned conductive layer (30) contains a metal or an oxide conductor (¶35, “The lower electrode 30 and the upper electrode 60 may include an indium tin oxide (ITO) layer”)”.
Claim 13. Choi discloses the electromagnetic wave control element according to claim 2.
Choi discloses “wherein the second patterned conductive layer (60) contains a metal or an oxide conductor (¶35, “The lower electrode 30 and the upper electrode 60 may include an indium tin oxide (ITO) layer”)”.
Claim 16. Choi discloses the electromagnetic wave control element according to claim 1
Choi discloses (fig. 2) “further comprising: a substrate (dielectric 22) on a side of the first patterned conductive layer (30) opposite to a side on which the insulating layer (24) is provided.
Claim 18: Choi discloses the electromagnetic wave control element according to claim 16.
Choi discloses “wherein a transmittance of light having a wavelength of 550 nm through the substrate is 5% or more (¶20 “the dielectric layer may include polyimide”)”.
The transmittance of polyimide at 550 nm is more than 5% as evidenced by para. [0017] of US 2010/0048861, “The polyimide film may have transmittance of 88% or more at 550 nm”.
Claim 19: Choi discloses the electromagnetic wave control element according to claim 16.
Choi discloses “wherein the substrate (22) contains at least one selected from the group consisting of an inorganic compound and a resin (¶34, “The dielectric layers 20 may include first to fourth dielectric layers 22, 24, 26 and 28 and the gap-fill dielectric layer 25. The dielectric layers 20 may include a polymer having excellent transparency and flexibility, such as polyimide, polymethyl methacrylate, polycarbonate, cycloolefin copolymer, or polyethylene terephthalate. Also, the dielectric layers 20 may include at least one metal dielectric or inorganic dielectric of an aluminum oxide layer, a silicon oxide layer, a titanium oxide layer, or a magnesium fluoride layer.”)”.
Claim 20. Choi discloses (fig. 2) “A manufacturing method of an electromagnetic wave control element (title, “active metamaterial device”), the manufacturing method comprising:
a step of forming a first patterned conductive layer (¶31, lower electrode 30) on a substrate (22);
a step of forming an insulating layer (¶34, dielectric layers 24 and 25) on the first patterned conductive layer (30); and a step of forming a layer containing a material of which conductivity changes with a voltage (¶31, “The couple layer 50 may include graphene. Electrical conductivity of the graphene may be changed according to the intensity of an electric field induced between the upper electrode 60 and the lower electrode 30.”) on the insulating layer (24 and 25),
wherein the first patterned conductive layer includes two or more linear structures or linear opening portions (see figs. 3 & 4)”.
Choi does not explicitly disclose a shortest distance between adjacent linear structures or between adjacent linear opening portions being from 400 μm to 800 μm.
Choi does disclose (see figs. 3 & 4) that the first patterned conductive layer (30) can have different structures (¶35, slit structure or net structure) which have different size linear structures and linear opening portions (¶35, The slit-structured lower electrode 30 and upper electrode 60 may have a first line width 34 ranging from about 1 μm to about 3 μm and a distance 36 ranging from about 3 μm to about 5 μm. The net-structured lower electrode 30 and upper electrode 60 may include first unit cells having a second line width 64 ranging from about 2 μm to about 5 μm and a first size 66 ranging from about 40 μm to about 60 μm. That is, the shortest distance between adjacent linear structures or between adjacent linear opening portions can be about 58 μm).
One of ordinary skill in the art would recognize that the transmittance of electromagnetic radiation through the first patterned conductive layer is affected by the size of the gaps in the first patterned conductive layer and the wavelength of the electromagnetic radiation, and that optical transmittance must be balanced with adequate electrical conductivity/resistance.
Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Choi wherein a shortest distance between adjacent linear structures or between adjacent linear opening portions being from 400 μm to 800 μm. Doing so would provide an electromagnetic wave control element which meets user requirements at desired operational frequencies.
Claim 21: Choi discloses the electromagnetic wave control element according to claim 1, wherein the first patterned conductive layer (30) includes a linear structure (figs. 3 & 4) having a width of from 20 μm to 400 μm (a width of first terminal 32 of fig. 4 is more than 20 μm but less 400 μm – compare to length 66 which can be between 40 and 60 μm).
Claim 22: Choi discloses the manufacturing method of an electromagnetic wave control element according to claim 20, wherein the first patterned conductive layer (30) includes a linear structure (figs. 3 & 4) having a width of from 20 μm to 400 μm (a width of first terminal 32 of fig. 4 is more than 20 μm but less 400 μm – compare to length 66 which can be between 40 and 60 μm).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Lee et al. (US 2020/0301224 – of record; “Lee”).
Claim 9. Choi discloses the electromagnetic wave control element according to claim 1.
Choi does not disclose “wherein the material of which the conductivity changes with the voltage includes a material having a band gap of 3.0 eV or more”.
Lee teaches an active metamaterial with a conductivity variable material layer (abstract). This layer may comprise an oxide semiconductor (¶31, “The conductivity variable material layer 202 may be formed of graphene, silicon, oxide semiconductor, or dielectric-metal transition material, but may not be limited thereto and may be formed of conductivity variable materials including other semiconductor materials.”). Oxide semiconductors are known to have a band gap of 3.0 eV or more (as evidenced by NPL Shi “Wide Bandgap Oxide Semiconductors: from Materials Physics to Optoelectronic Devices”, p.1, col. 1 “Oxide semiconductors have bandgap larger than 3 eV, enabling transparency in the visible spectrum”);
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Lee to modify the electromagnetic wave control element of Choi, wherein the material of which the conductivity changes with the voltage includes a material having a band gap of 3.0 eV or more. Doing so provides a transparent electromagnetic wave control element which can be used in enhanced wireless communications in, for example, smart windows.
Claim 10. Choi discloses the electromagnetic wave control element according to claim 1.
Choi does not disclose “wherein the material of which the conductivity changes with the voltage includes an oxide semiconductor”.
Lee teaches an active metamaterial with a conductivity variable material layer (abstract). This layer may comprise an oxide semiconductor (¶31).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Lee to modify the electromagnetic wave control element of Choi, wherein the material of which the conductivity changes with the voltage includes an oxide semiconductor. Doing so is simply the substitution of one known element with another to yield predictable results, as oxide semiconductors have high optical transparency (as evidenced by abstract of NPL Shi, “wide bandgap oxide semiconductors combine properties of electrical conductivity and optical transparency”).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Lee, and further in view of Shi et al. (NPL “Wide Bandgap Oxide Semiconductors: from Materials Physics to Optoelectronic Devices” – of record, Pub. 2021; “Shi”).
Claim 11. The modified Choi teaches the electromagnetic wave control element according to claim 10.
The modified Choi teaches that the material includes an oxide semiconductor (¶31).
Choi does not disclose “wherein the oxide semiconductor has at least one selected from the group consisting of In and Zn”.
Shi teaches materials for use in transparent devices. Such materials can be wide bandgap oxide semiconductors such as ZnO and In2O3 (p. 1, col. 1). Shi therefore teaches wherein the oxide semiconductor has at least one selected from the group consisting of In and Zn.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Shi to modify the electromagnetic wave control element of Choi in view of Lee, wherein the oxide semiconductor has at least one selected from the group consisting of In and Zn. Doing so provides a material that combines the properties of visible-light transparency and high conductivity in a single material (p. 1, col. 1 of Shi).
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Chanda et al. (US 2017/0322457 – of record; “Chanda”).
Claim 14: Choi discloses the electromagnetic wave control element according to claim 1.
Choi discloses “wherein the first patterned conductive layer (30) includes a metal or an oxide conductor (¶35, “The lower electrode 30 and the upper electrode 60 may include a transparent electrode transmitting light having a terahertz frequency range. The lower electrode 30 and the upper electrode 60 may include an indium tin oxide (ITO) layer.”)”.
However, Choi does not disclose a metal wire or an oxide conductor wire.
Chanda teaches that an electrode can comprise indium tin oxide, silver nanowires, or carbon nanotubes (¶11). That is, Chandra teaches that the first patterned conductive layer can contain a metal wire.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electromagnetic wave control element of Choi such that the first patterned conductive layer includes a metal wire, as taught by Chandra. Silver nanowires have high electrical conductivity, excellent optical transparency and high mechanical flexibility.
Claim 15. Choi discloses the electromagnetic wave control element according to claim 2.
Choi discloses “wherein the second patterned conductive layer (60) includes a metal or an oxide conductor (¶35, “The lower electrode 30 and the upper electrode 60 may include a transparent electrode transmitting light having a terahertz frequency range. The lower electrode 30 and the upper electrode 60 may include an indium tin oxide (ITO) layer.”)”.
However, Choi does not disclose a metal wire or an oxide conductor wire.
Chanda teaches that an electrode can comprise indium tin oxide, silver nanowires, or carbon nanotubes (¶11). That is, Chandra teaches that the second patterned conductive layer can contain a metal wire.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electromagnetic wave control element of Choi such that the second patterned conductive layer includes a metal wire, as taught by Chandra. Silver nanowires have high electrical conductivity, excellent optical transparency and high mechanical flexibility.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Okuda et al. (US 2024/0088549 – of record; “Okuda”).
Claim 17. Choi discloses the electromagnetic wave control element according to claim 16.
Choi does not disclose “wherein a dielectric loss tangent of the substrate at a frequency of 28 GHz is 0.05 or less”.
Okuda teaches a transparent substrate for a high frequency device (abstract). Okuda also teaches (¶22) “Since the substrate 10 for a device is used as a high frequency device, it preferably has a property such that the dielectric loss tangent (tan δ) at 28 GHz is 0.01 or less, particularly 0.007 or less.” The substrate 10 comprises an insulating glass substrate and a resin base material (¶21). Okuda further teaches (¶57) “With respect to the dielectric loss tangent of the resin base material 20, in order to cope with an increase of the signal frequency of a high frequency device, the dielectric loss tangent in dielectric loss tangent test is preferably 0.01 or less, more preferably 0,007 or less, further preferably 0.001 or less.”.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Okuda to the electromagnetic wave control element of Choi, wherein a dielectric loss tangent of the substrate at a frequency of 28 GHz is 0.05 or less. Doing so allows for a durable and reliable substrate that can cope with high frequency signals (¶57 of Okuda).
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Huang et al. (CN102883486B; “Huang”).
Claim 23: Choi discloses the electromagnetic wave control element according to claim 2, wherein the second patterned conductive layer (60) includes a linear opening portion (figs. 3 & 4), and is provided on the layer (50) containing a material of which conductivity changes with a voltage.
Choi does not disclose provided directly on the layer containing a material of which conductivity changes with a voltage.
Huang teaches (title) a transparent graphene film (that is, a material of which the conductivity changes with the voltage). Huang also teaches a second patterned conductive layer formed directly on the graphene layer (p. 2, step c, “printing a conductive connecting mesh film on the above graphene film” and fig. 5 below where 4 is the graphene film and 3 is the conductive connecting “web”).
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It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the wave control element of Choi to provide directly on the layer containing a material of which conductivity changes with a voltage, as taught by Huang. Doing so provides a structure with high transparency, good flexibility and low costs (final page of Huang).
Claim 24: Choi discloses the manufacturing method of an electromagnetic wave control element according to claim 20, further comprising a step of forming a second patterned conductive layer (60) on the layer containing the material of which the conductivity changes with the voltage, opposite to a side on which the insulating layer (50) is provided, wherein the second patterned conductive layer includes a linear opening portion (figs. 3 & 4).
Choi does not disclose directly on the layer containing the material of which the conductivity changes with the voltage.
Huang teaches (title) a transparent graphene film (that is, a material of which the conductivity changes with the voltage). Huang also teaches a second patterned conductive layer formed directly on the graphene layer (p. 2, step c, “printing a conductive connecting mesh film on the above graphene film” and fig. 5 where 4 is the graphene film and 3 is the conductive connecting “web”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method of Choi to provide directly on the layer containing a material of which conductivity changes with a voltage, as taught by Huang. Doing so provides a structure with high transparency, good flexibility and low costs (final page of Huang).
Response to Arguments
Applicant’s arguments, filed 05/11/2026, with respect to the rejection of original claims 1-20 (“Remarks”) have been fully considered but are not persuasive.
Applicant states, in p. 11 of Remarks, that “those having ordinary skill would not modify the active metamaterial devices of Choi to have a much larger distance between the adjacent linear structures or between adjacent linear portions, since Choi does not teach any advantage in drastically changing the distance”.
The Examiner disagrees. The Examiner considers that one of ordinary skill in the art would recognize that the transmittance of electromagnetic radiation through the first patterned conductive layer is affected by the size of the gaps in the first patterned conductive layer and the wavelength of the electromagnetic radiation, and that optical transmittance must be balanced with adequate electrical conductivity/resistance such that the voltage of the material layer (50) can be changed. Choi does not teach fixed distances between portions and states in para. [0052] “While the present invention has been particularly shown and described with reference to exemplary embodiments thereof, it will be understood by those of ordinary skill in the art that various changes in form and details may be made therein without departing from the spirit and scope of the present invention as defined by the following claims. Thus, the above-disclosed subject matter is to be considered illustrative, and not restrictive”. The shortest distances between adjacent linear structures or between adjacent linear opening portions are considered to be changes in form/details and a matter of design choice since the Applicant has not disclosed that the shortest distance solves any stated problem.
The Examiner considers that it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electromagnetic wave control element of Choi wherein a shortest distance between adjacent linear structures or between adjacent linear opening portions being from 400 μm to 800 μm so as to provide an electromagnetic wave control element which meets user requirements at desired operational frequencies.
Claims 1-3 and 6-20 therefore remain rejected. New claims 21-24 are also rejected as set out above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA N HAMADYK whose telephone number is (703)756-1672. The examiner can normally be reached 7:30 am - 5:00 pm.
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/ANNA N HAMADYK/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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