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 Arguments
This Office Action is in response to the amended application filed on June 9, 2026. The Remarks of December June 9, 2026 have been fully considered and are addressed as follows.
The Remarks regarding the objections to the Specification are considered and the respective amendments are accepted. There are no further objections to the Specification.
The Remarks regarding the objections to the Claims are considered and the respective amendments to claims 7 and 15 are accepted. The objections to these claims are withdrawn.
The Remarks regarding the 112 rejections of the Claims are considered. Regarding claim 2, the applicant’s amendment to the subject matter to the original claim 2 overcome the original 112 rejections and these rejections are withdrawn.
The Remarks regarding the 103 rejections of the Claims are considered. The amendment to claim 1 overcomes the 103 rejection and the original 103 rejections are withdrawn.
The applicant’s amendment to claim 1 necessitates new grounds of rejection based on a new Prior Art reference. In light of this, the arguments regarding the failure of the cited Prior Art references to teach or suggest the amended claim 1 are moot.
Claim Objections
Claims 1, 3-11, 15-16, and 20-24 are objected to because of the following informalities:
Claim 1: “the pluralities of metal microstructure” (line 13) and “the plurality of metal microstructure” (line 14) should be amended to “the pluralities of metal microstructures” and “the plurality of metal microstructures”, respectively;
Claim 1 (lines 16-17): “at least one metal microstructure of at least one structure layer of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer” should be amended to “at least one metal microstructure of at least one of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer”;
Claim 3 (line 4): “the metal microstructure of another structure layer” should be amended to “one metal microstructure of another structure layer”.
Claims 4-11, 15-16, and 20-24 are objected to because of their dependence on claim 1.
Appropriate correction is required.
Claims 23 and 24 are objected to because they include reference characters which are not enclosed within parentheses.
Claim 23 (line 2): “an arrangement period c” should be amended to “an arrangement period (c)”.
Claim 23 (line 3): “an amount of shift b” should be amended to “an amount of shift (b)”.
Claim 24 (line 3): “an amount of shift a” should be amended to “an amount of shift (a)”.
Claim 24 (line 6): “an amount of shift b” should be amended to “an amount of shift (b)”.
Claim 24 (line 7): “a thickness d” should be amended to “a thickness (d)”.
Claim 24 (lines 7-8): “an arrangement period c” should be amended to “an arrangement period (c)”.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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, 3-9, 11, 15-16, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Soukoulis et al. (US 20070215843 A1, hereinafter Soukoulis) in view of Hu et al. (“Numerical Study of a Novel Tunable Ferrite-wire Chessboard Structure LHM Compared with the Multi-layer Structure LHM”, 2009 Asia Pacific Microwave Conference (Page(s): 1216-1219), hereinafter Hu) and Smith et al. (US 6791432 B2, hereinafter Smith).
Regarding claim 1, Soukoulis (Figs. 1-2 and 3A-B) discloses a metasurface structure (the structure in Fig. 2 comprising of the unit cell (20) in Fig. 1; the examiner notes that materials with negative index of refraction as the ones disclosed in Soukoulis are metamaterials and that metasurfaces belong to the family of metamaterials) that acts on electromagnetic waves having a frequency of 10 THz or less (Figs. 3A-B show the transmission and the reflection of electromagnetic waves incident on the metasurface structure in a 12-16 GHz frequency range – for example, Fig. 3 shows the metasurface structure affecting the electromagnetic waves resulting in a low transmission coefficient from 12 GHz to approximately 13.7 GHz and a high transmission coefficient from approximately 13.7 GHz to 16 GHz) is obtained by laminating (using Rogers 5880 laminate – see [0039], lines 17-23) a first structure layer (the shaded wires with solid-line outlines disposed on one side of the laminate in Fig. 1) and a second structure layer (the wires with dash-line outlines disposed on the opposite side of the laminate in Fig. 1) to be spaced from each other,
the first structure layer being obtained by disposing a plurality of first metal microstructures (the shaded wires with solid-line outlines disposed on one side of the laminate in Fig. 1) in an in-plane direction,
the second structure layer being obtained by disposing a plurality of second metal microstructures (the wires with dash-line outlines disposed on the opposite side of the laminate in Fig. 1) in the in-plane direction.
Soukoulis does not disclose a third structure layer, and a fourth structure layer to be spaced from each other, the third structure layer being obtained by disposing a plurality of third metal microstructures in the in-plane direction, and the fourth structure layer being obtained by disposing a plurality of fourth metal microstructures in the in-plane direction.
However, Soukoulis ([0042], lines 1-4) teaches a periodic multi-layer metasurface structure built using the structure disclosed in Figs. 1-2 as a building block.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis by adding a third structure layer, and a fourth structure layer to be spaced from each other, the third structure layer being obtained by disposing a plurality of third metal microstructures in the in-plane direction, and the fourth structure layer being obtained by disposing a plurality of fourth metal microstructures in the in-plane direction. This modification would provide a metasurface structure with more well-defined frequency response (see Figs. 4A-F, [0043]) which would improve the overall performance of the metasurface structure in terms of transmitting and reflecting incident electromagnetic waves.
The modified Soukoulis does not teach the limitations wherein in at least one of the first structure layer, the second structure layer, the third structure layer, or the fourth structure layer, at least one of the pluralities of metal microstructure is disposed to be shifted from the plurality of metal microstructure of another structure layer in the in-plane direction, and wherein at least one metal microstructure of at least one structure layer of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer partially overlaps with one metal microstructure of another structure layer when viewed from the lamination direction.
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Hu (Fig. 2) teaches a metasurface structure comprising a first structure layer, a second structure layer, a third structure layer, and a fourth structure layer, each of the structure layers obtained by disposing a plurality of metal microstructures on the respective layers (regarding the first structure layer, the second structure layer, the third structure layer, the fourth structure layer, and the metal microstructures, see annotated Fig. 2 in Hu below), wherein in at least one of the first structure layer, the second structure layer, the third structure layer, or the fourth structure layer, at least one metal microstructure is disposed to be shifted from the metal microstructure of another structure layer in the in-plane direction.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that in at least one of the first structure layer, the second structure layer, the third structure layer, or the fourth structure layer, at least one metal microstructure is disposed to be shifted from the metal microstructure of another structure layer in the in-plane direction as taught by Hu. This modification would provide a metasurface structure with wider bandwidth and better transmission property than a metasurface structure in which the metal microstructures in all layers are aligned (see Hu, Introduction, last paragraph).
The modified Soukoulis does not teach the limitation wherein at least one metal microstructure of at least one structure layer of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer partially overlaps with one metal microstructure of another structure layer when viewed from the lamination direction.
Smith (Fig. 1) teaches a metasurface structure comprising a first structure layer, a second structure layer, a third structure layer, and a fourth structure layer, each of the structure layers obtained by disposing a plurality of metal microstructures on the respective layers (regarding the first structure layer, the second structure layer, the third structure layer, the fourth structure layer, and the metal microstructures, see annotated Fig. 1 in Smith below), wherein at least one metal microstructure (10) of at least one structure layer of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer partially overlaps with one metal microstructure (12) of another structure layer when viewed from the lamination direction.
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that at least one metal microstructure of at least one structure layer of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer partially overlaps with one metal microstructure of another structure layer when viewed from the lamination direction as taught by Smith. This modification would provide a metasurface structure that can behave as an effective medium for electromagnetic scattering when the wavelength is much longer than both the element dimension and lattice spacing, wherein the metasurface structure has an effective permittivity and permeability which are simultaneously negative over a common set of frequencies (see Smith, Abstract).
Regarding claim 3, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not teach the limitation wherein in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, at least one metal microstructure is disposed to be shifted from the metal microstructure of another structure layer in the in-plane direction.
Hu (Fig. 2) teaches a metasurface structure comprising a first structure layer, a second structure layer, a third structure layer, and a fourth structure layer, each of the structure layers obtained by disposing a plurality of metal microstructures on the respective layers (regarding the first structure layer, the second structure layer, the third structure layer, the fourth structure layer, and the metal microstructures, see annotated Fig. 2 in Hu above), wherein in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, at least one metal microstructure is disposed to be shifted from the metal microstructure of another structure layer in the in-plane direction.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, at least one metal microstructure is disposed to be shifted from the metal microstructure of another structure layer in the in-plane direction. This modification would provide a metasurface structure with wider bandwidth and better transmission property than a metasurface structure wherein the metal microstructures in all layers are aligned (see Hu, Introduction, last paragraph).
Regarding claim 4, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
Soukoulis (Fig. 1; [0039], lines 17-23) further teaches a dielectric layer (the layer between the shaded wires with solid-line outlines and the wires with dash-line outlines) that is provided in a position between the first structure layer (the shaded wires with solid-line outlines) and the second structure layer (the wires with dash-line outlines).
Regarding claim 5, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not explicitly teach a spacer that is provided in at least one of a position between the first structure layer and the second structure layer, a position between the second structure layer and the third structure layer, or a position between the third structure layer and the fourth structure layer.
However, Soukoulis ([0042], lines 1-4) teaches a periodic multi-layer metasurface structure built using the structure disclosed in Figs. 1-2 as a building block. Furthermore, it is well-known in the art that in order to build a periodic multi-layer structure a spacer is required between adjacent layers to provide separation between them.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis by adding a spacer that is provided in at least one of a position between the first structure layer and the second structure layer, a position between the second structure layer and the third structure layer, or a position between the third structure layer and the fourth structure layer. This modification would provide means for separating adjacent structure layers by the distance needed to achieve the desired transmission and/or reflection properties of the metasurface and for added structural stability.
Regarding claim 6, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
Soukoulis (Fig. 1; [0037], lines 1-5) further teaches the limitation wherein in the first structure layer and the second structure layer at least one metal microstructure is a metal cut wire (short middle wire in Fig. 1).
Regarding claim 7, the modified Soukoulis teaches the metasurface structure of claim 6 as addressed above.
The modified Soukoulis does not teach the limitation wherein in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, all of the metal microstructures are metal cut wires.
However, in another embodiment, Soukoulis (Figs. 5-6, [0045]) teaches a metasurface structure comprising multiple structure layers (the structure layers on the front and back side of the dielectric substrate) having metal microstructures (metal cut wires), wherein in all of the structure layers all of the metal microstructures are metal cut wires.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, all of the metal microstructures are the metal cut wires. This modification would provide a metasurface structure with alternative topology needed to achieve the desired transmission and/or reflection properties over another frequency range of operation of the metasurface (see Figs 9A-B; the examiner notes that, although Figs. 9A-B show the transmission and reflection properties of the metasurface structure of Figs. 7-8, this example serves as an illustration of a change in properties as the geometry of the metal microstructures is changed).
Regarding claim 8, the modified Soukoulis teaches the metasurface structure of claim 6 as addressed above.
Soukoulis (Fig. 1, [0039]) further teaches a length of the metal cut wire is 0.1 to 1.0 time a wavelength of electromagnetic waves having a frequency at which a transmittance is highest (the frequency at which a transmittance is highest is between 15.5 and 16 GHz, which corresponds to a wavelength of 19.35-18.75 mm, and, thus the length of the metal cut wire of 7 mm is 0.1 to 1.0 time a wavelength of electromagnetic waves having a frequency at which a transmittance is highest; regarding the length of the metal cut wire see [0039], lines 25-26).
Regarding claim 9, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not teach the limitation wherein a separation between the first structure layer and the second structure layer, a separation between the second structure layer and the third structure layer, and a separation between the third structure layer and the fourth structure layer are 30 nm to 30 mm.
Hu (Fig. 2) teaches a separation between the first structure layer and the second structure layer, a separation between the second structure layer and the third structure layer, and a separation between the third structure layer and the fourth structure layer are 30 nm to 30 mm (the separation between any two adjacent structure layers is d/2 = 0.3 mm – see Section IV Numerical Simulation Results, first paragraph; regarding the first structure layer, the second structure layer, the third structure layer, the fourth structure layer, and the metal microstructures, see annotated Fig. 2 in Hu above).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that a separation between the first structure layer and the second structure layer, a separation between the second structure layer and the third structure layer, and a separation between the third structure layer and the fourth structure layer are 30 nm to 30 mm. This modification would provide a metasurface structure with wider bandwidth and better transmission property than a metasurface structure wherein the metal microstructures in all layers are aligned (see Hu, Introduction, last paragraph).
Regarding claim 11, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
Soukoulis (Figs. 1-3) further teaches the metasurface structure is a transmissive refraction plate (Figs. 1-2 disclose a refraction plate structure and Fig. 3 disclose the refraction plate is transmissive in the frequency range of 14-16 GHz).
Regarding claim 15, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not teach the limitation wherein in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, all of the metal microstructures are the metal cut wires.
However, in another embodiment, Soukoulis (Figs. 5-6, [0045]) teaches a metasurface structure comprising multiple structure layers (the structure layers on the front and back side of the dielectric substrate) having metal microstructures (metal cut wires), wherein in all of the structure layers all of the metal microstructures are the metal cut wires.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that in all of the first structure layer, the second structure layer, the third structure layer, and the fourth structure layer, all of the metal microstructures are the metal cut wires. This modification would provide a metasurface structure with alternative topology needed to achieve the desired transmission and/or reflection properties over another frequency range of operation of the metasurface (see Figs 9A-B; the examiner notes that, although Figs. 9A-B show the transmission and reflection properties of the metasurface structure of Figs. 7-8, this example serves as an illustration of a change in properties as the geometry of the metal microstructures is changed).
Regarding claim 16, the modified Soukoulis teaches the metasurface structure of claim 7 as addressed above.
Soukoulis (Fig. 1, [0039]) further teaches a length of the metal cut wire is 0.1 to 1.0 time a wavelength of electromagnetic waves having a frequency at which a transmittance is highest (the frequency at which a transmittance is highest is between 15.5 and 16 GHz, which corresponds to a wavelength of 19.35-18.75 mm, and, thus the length of the metal cut wire of 7 mm is 0.1 to 1.0 time a wavelength of electromagnetic waves having a frequency at which a transmittance is highest; regarding the length of the metal cut wire see [0039], lines 5-6).
Regarding claim 20, the modified Soukoulis teaches the metasurface structure of claim 3 as addressed above.
Soukoulis (Fig. 1; [0039], lines 17-23) further teaches a dielectric layer (the layer between the shaded wires with solid-line outlines and the wires with dash-line outlines) that is provided in a position between the first structure layer (the shaded wires with solid-line outlines) and the second structure layer (the wires with dash-line outlines).
Regarding claim 21, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
Soukoulis, by the virtue of the modification according to the teachings of Smith, further teaches at least one metal microstructure (10 in Fig. 1 in Smith) of the second structure layer partially overlaps with at least one metal microstructure (12 in Fig. 1 in Smith) of the third structure layer when viewed from the lamination direction (regarding the second structure layer and the third structure layer, see annotated Fig. 1 in Smith above).
Regarding claim 22, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not explicitly teach an air layer is provided between the second structure layer and the third structure layer.
However, Soukoulis ([0042], lines 1-4) teaches a periodic multi-layer metasurface structure built using the structure disclosed in Figs. 1-2 as a building block. Furthermore, it is well-known in the art that, when building a periodic multi-layer structure, the layers between different adjacent layers may be air layers.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that an air layer is provided between the second structure layer and the third structure layer. This modification would provide a metasurface structure which is lighter and which has reduced transmission losses compared to metasurface structures wherein a dielectric layer is provided between the second structure layer and the third structure layer.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the modified Soukoulis as applied to claim 1 in view of Suzuki (US 10686255 B2).
Regarding claim 10, the modified Soukoulis teaches the metasurface structure of claim 1 as addressed above.
The modified Soukoulis does not teach that the metasurface structure is a sheet type lens.
Suzuki (Figs. 80A-B) teaches a metasurface structure which is a sheet type lens.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Soukoulis so that the metasurface structure is a sheet type lens as taught by Suzuki. This modification would provide a metasurface structure which has an excellent performance in a terahertz wave band (see Suzuki, col. 2, lines 58-62).
Allowable Subject Matter
Claims 23-24 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN STOYTCHEV STOYTCHEV whose telephone number is (571)272-3467. The examiner can normally be reached Mon-Fri, 8:00-17:00.
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/MARIN STOYTCHEV STOYTCHEV/Examiner, Art Unit 2845
/ALEXANDER H TANINGCO/Supervisory Patent Examiner, Art Unit 2845
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