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 1/10/2025 was considered by the examiner.
Claim Objections
Claim 11 is objected to because of the following informalities: the phrase “… the resonator result …” is assumed to be a typographical error and should have been written “… the resonator results …”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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, 5-6, and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowen et al. (US 2018/0224606, of record).
Regarding Claim 1, Bowen discloses a resonator (Fig. 1-Fig. 6, Paragraphs 0041-0051), comprising:
an actuator (Fig. 1, electrodes 11 and 12, Paragraphs 0041 and 0043),
a resonant structure configured to oscillate, deforming periodically at a resonant frequency (Fig. 1, central portion 52, Paragraph 0047), by the actuator,
a peripheral light guide extending around the resonant structure and configured to oscillate, deforming periodically, by being driven by the resonant structure (Fig. 1, outer portion 53, Paragraph 0047), wherein:
the resonant structure is thicker than the peripheral light guide (Fig. 3, Fig. 16, and Fig. 19, outer portion 53, as shown),
the peripheral light guide is held at a distance from the resonant structure by at least one anchor (Fig. 5, anchor 54, Paragraph 0047),
an intermediate space extends between the peripheral light guide and the resonant structure, the intermediate space being filled by a gas or a liquid or a vacuum (Fig. 5, slot 51, Paragraph 0047).
Regarding Claim 5, Bowen discloses as is set forth above and further discloses wherein the resonant structure is arranged opposite at least one actuating electrode, the actuating electrode being spaced from the resonant structure by an airgap, the actuating electrode, forming the actuator, being configured to generate oscillation of the resonant structure by capacitive effect (Fig. 1-Fig. 4, Paragraphs 0048-0051, capacitive force is generated).
Regarding Claim 6, Bowen discloses as is set forth above and further discloses wherein the actuating electrode extends in the intermediate space (Fig. 5, Paragraph 0047).
Regarding Claim 8, Bowen discloses as is set forth above and further discloses wherein the resonant structure and the peripheral waveguide are formed of the same material (Fig. 5, Paragraph 0047).
Regarding Claim 9, Bowen discloses as is set forth above and further discloses wherein the resonant structure has a cylindrical shape, with a circular or polygonal base, or an annular shape (Fig. 5, Paragraph 0047).
Regarding Claim 10, Bowen discloses as is set forth above and further discloses in wherein the resonant frequency is above 1 MHz (Paragraph 0045, 18 MHz).
Regarding Claim 11, Bowen discloses as is set forth above and further discloses an optomechanical oscillator including: a light source (Fig. 6, tunable laser 60, Paragraph 0052) configured to emit a light beam and to propagate the light beam along a resonator, the resonator being configured so that the periodic oscillation of the resonator results in periodic modulation of a light power of the light beam (Fig. 6, tunable laser 60, Paragraph 0052, lines 3-12), wherein the resonator is the resonator according to claim 1 (see rejection of claim 1 above).
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (US 2018/0224606, of record) in view of Virot et al. (US 2019/0101488, of record).
Regarding Claim 4, Bowen discloses as is set forth above but doesn’t specifically disclose wherein the thickness of the resonant structure is between 1 μm and 50 μm.
However, Virot, in the same field of endeavor, teaches wherein the thickness of the resonant structure is between 1 μm and 50 μm (Paragraph 0048, lines 18-20, the thickness of the movable portion is 5 μm), for the purpose of insuring a particular thickness to width ratio.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the resonator of Bowen with the wherein the thickness of the resonant structure is between 1 μm and 50 μm, of Virot, for the purpose of insuring a particular thickness to width ratio.
Regarding Claim 7, Bowen discloses as is set forth above but doesn’t specifically disclose wherein: the resonant structure includes a piezoelectric material, the resonator comprises two actuating electrodes, on respective opposite sides of the resonant structure, the actuating electrodes forming the actuator.
However, Virot, in the same field of endeavor, teaches wherein: the resonant structure includes a piezoelectric material (Paragraph 0051, piezoelectric actuation), the resonator comprises two actuating electrodes (Paragraph 0051, electrodes 11 and 12), on respective opposite sides of the resonant structure (Paragraph 0051, resonator), the actuating electrodes forming the actuator (Paragraph 0051, piezoelectric actuation), for the purpose of insuring high precision movements of an actuator.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the resonator of Bowen with the wherein: the resonant structure includes a piezoelectric material, the resonator comprises two actuating electrodes, on respective opposite sides of the resonant structure, the actuating electrodes forming the actuator, of Virot, for the purpose of insuring high precision movements of an actuator.
Allowable Subject Matter
Claims 2-3 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.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to claim 2, none of the prior art either alone or in combination disclose or teach a resonator including, as the distinguishing feature(s) in combination with the other limitations, wherein: the thickness of the peripheral light guide is between 100 nm and 600 nm; the thickness of the resonant structure is at least twice or at least three times greater than the thickness of the peripheral light guide.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhou et al. (US 7,542,188), Zhou et al. (US 2005/0156481), White et al. (US 7,589,529), Wine et al. (US 6,256,131), Bhave et al. (US 9,036,951), Bhave et al. (US 2012/0294564), and Baumann et al. (US 2005/0074209) are cited to show similar resonators and actuators but do not disclose the allowable subject matter as detailed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (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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/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
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