DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claims 2 and 12 are objected to because of the following informalities:
Regarding Claim 2, line 3-4, change “Fabry-Perot/plasmon” to --Fabry-Perot or plasmonic--.
Regarding Claim 12, line 1, change “a environment” to --an environment--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1-2, 4, 7-9, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Pub. No. 2011/0037981 A1 by Zhu et al. (hereinafter Zhu).
Regarding Claim 1, Zhu teaches apparatus for controlling phase and amplitude of light (Fig. 5, Abstract, Par. [0046, 0085, 0117]), the apparatus comprising (Fig. 1-10):
an electrochemical cell (Fig. 5 @ WCSPR, Par. [0040, 0092, 0102]); and
an optical metasurface (Fig. 5 @ 25, 26, 27, form the metasurface, Par. [0092]) including at least one metasurface feature having an optical resonance (Abstract, Par. [0001, 0003, 0007, 0085, 0092]), wherein the at least one metasurface feature includes a first metal structure (Fig. 5 @ 27, Par. [0092]) and a second metal structure (Fig. 5 @ 25, Par. [0092]) sandwiching a polymer (Fig. 5 @ 26, Par. [0068, 0070, 0092, 0123]);
wherein the optical metasurface (Fig. 5 @ 25, 26, 27, form the metasurface, Par. [0092]) is disposed within the electrochemical cell (Fig. 5 @ WCSPR, Par. [0040, 0092, 0102]);
wherein a thickness (Par. [0021]) of the polymer (Fig. 5 @ 26, Par. [0068, 0070, 0092, 0123]) between the first metal structure (Fig. 5 @ 27, Par. [0092]) and the second metal structure (Fig. 5 @ 25, Par. [0092]) is electrochemically tunable by applying a voltage (Fig. 10, Par. [0067-0068, 0091, 0110, 0116]) to the electrochemical cell (Fig. 5 @ WCSPR, Par. [0040, 0092, 0102]), thereby altering one or more optical properties of the optical resonance (Abstract, Par. [0001, 0003, 0007, 0085, 0092]) to control a phase response and an amplitude response of the optical metasurface (Fig. 5, Abstract, Par. [0046, 0085, 0117]).
Regarding Claim 2, Zhu teaches the optical resonance is selected from the group consisting of:
Fabry-Perot resonances, plasmonic resonances and coupled Fabry- Perot/plasmon resonances (Par. [0001-0003, 0013).
Regarding Claim 4, Zhu teaches the apparatus is configured to operate in reflection (Fig. 5, Par. [0091-0092, 0095]).
Regarding Claim 7, Zhu teaches the metasurface feature is asymmetric (Fig. 5 @ 33, Par. [0092]: glass. Glass substrate on one side and not the other side making it asymmetric), whereby polarization-dependence of the optical properties is provided (Par. [0112]: the polarized light emitted from the polarized light generator to be incident on the sensor chip, adjusting the incident angle of the incident polarized light to allow parameters of emergent light on the detector to be at a characteristic position of the resonance peak thus teaches the limitation).
Regarding Claim 8, Zhu teaches the at least one metasurface feature is configured as a 2D array of four or more metasurface features (Fig. 8, Par. [0118]: The intersecting sections 4 of the strip electrodes of the first metal layer and that of the second metal layer form small WCSPR sections, that is, small working points of pixels are formed. The modulating voltage applied to this section may be controlled separately by setting the voltage drop between electrodes in the upper/lower layer. The reflected light signals on respective working points are received and detected by a light detector array, such as a CCD array thus teaches the limitation).
Regarding Claim 9, Zhu teaches the apparatus is configured to provide tunable beam steering in response to the voltage (Fig. 8, Par. [0118]: The intersecting sections 4 of the strip electrodes of the first metal layer and that of the second metal layer form small WCSPR sections, that is, small working points of pixels are formed. The modulating voltage applied to this section may be controlled separately by setting the voltage drop between electrodes in the upper/lower layer. The reflected light signals on respective working points are received and detected by a light detector array, such as a CCD array, wherein tunable beam steering provided by the voltage modulation).
Regarding Claim 12, Zhu teaches a method of sensing a environmental stimulus (Fig. 5 @ 28, Par. [0096, 0107]: voltage modulator, i.e. the stimulus), the method comprising:
disposing a sensor structure (Fig. 5 @ 25, 26, 27, 33, form the sensor structure) in an environment (Fig. 5 @ 28, Par. [0096, 0107]: applied voltage, i.e. the environment), wherein the sensor structure includes an optical metasurface having at least one metasurface (Abstract, Par. [0001, 0003, 0007, 0085, 0092]) feature having an optical resonance (Abstract, Par. [0001, 0003, 0007, 0085, 0092]) that is affected by the environment (Fig. 10, Par. [0067-0068, 0091, 0110, 0116]);
wherein the at least one metasurface feature includes a first metal structure (Fig. 5 @ 27, Par. [0092]) and a second metal structure (Fig. 5 @ 25, Par. [0092]) sandwiching a polymer (Fig. 5 @ 26, Par. [0068, 0070, 0092, 0123]), and wherein the optical resonance (Abstract, Par. [0001, 0003, 0007, 0085, 0092]) is affected by the environment (Fig. 5 @ 28, Par. [0096, 0107]: applied voltage, i.e. the environment) at least via a change of thickness (Fig. 10, Par. [0067-0068, 0091, 0110, 0116]) of the polymer (Fig. 5 @ 26, Par. [0068, 0070, 0092, 0123]);
observing the sensor structure with reflected and/or transmitted light to measure an optical signal from the sensor structure (Fig. 5);
relating the optical signal to a stimulus of interest in the environment (Fig. 10).
Regarding Claim 13, Zhu teaches the stimulus of interest in the environment is selected from the group consisting of:
relative humidity, fluid pH, chemical species sensing, pressure, pressure exerted by a living cell or organism, electric field, and biologically generated electric field (Par. [0043]: electrical field).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of US Patent Pub. No. 2018/0106724 A1 by Wang et al. (hereinafter Wang).
Regarding Claim 3, Zhu teaches the optical metasurface and the thickness of the polymer (See Claim 1 rejection above) but does not explicitly teach a waveguide disposed such that light incident on the optical metasurface can couple to the waveguide at a coupling angle that depends on the thickness of the polymer.
However, Wang, teaches a waveguide disposed such that light incident on the optical metasurface can couple to the waveguide at a coupling angle that depends on the thickness of the structure (Par. [0062-0063]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhu by Wang such that a waveguide disposed such that light incident on the optical metasurface can couple to the waveguide at a coupling angle that depends on the thickness of the polymer is accomplished in order to enhance absorption, reflection and also enhance the sensitivity significantly (Wang, Par. [0063]).
7. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu.
Regarding Claim 5, Zhu teaches the apparatus but does not explicitly teach is configured to operate in transmission.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange parts for different configurations such that the apparatus is configured to operate in transmission for varied sensor geometries, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding Claim 6, Zhu teaches the apparatus but does not explicitly teach is included in a hyperspectral imager.
However, it is considered obvious to try all known solutions when there is a recognized need in the art (hyperspectral imager), there had been a finite number of identified, predictable solutions to the recognized need (standard imager, hyperspectral imager), and when one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. See MPEP § 2143, E. Furthermore, such an arrangement would imply to one of ordinary skill in the art before the effective filing date of the claimed invention to use a hyperspectral imager in order to generate a unique "spectral signature" for every single pixel, enabling precise, non-destructive material identification and analysis.
8. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of CN109724947A by Liu et al. (hereinafter Liu).
Regarding Claim 10, Zhu teaches the electrochemical cell (See Claim 1 rejection above) but does not explicitly teach includes an ion gel electrolyte.
However, Liu teaches an ion gel electrolyte (Page 6-7: ions in the electrolyte).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhu by Liu such that the electrochemical cell includes an ion gel electrolyte is accomplished in order to change the refractive index (Liu, Page 7).
9. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of US Patent Pub. No. 2008/0198376 A1 by Poponin (hereinafter Poponin).
Regarding Claim 11, Zhu teaches the electrochemical cell (See Claim 1 rejection above) but does not explicitly teach is a fluidic cell.
However, Poponin teaches a fluidic cell (Fig. 7, Par. [0129-0130]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhu by Poponin such that the electrochemical cell includes a fluidic cell is accomplished in order for determining an accurate detection limit for analytes in solution, in terms of concentration of analyte molecules in solution measured in units of mole/liter (Poponin, Par. [0130]).
Additional Prior Art
10. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The reference listed teaches of other prior art method/system of transmission configuration.
US Patent Pub. No. 2007/0030489 A1 by Salamon et al (Fig. 2).
Conclusion
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/JAMIL AHMED/Primary Examiner, Art Unit 2877
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