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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/13/2025 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
1: Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over USPN 12,072,508 B2 Lundeen et al in view of US 2023/0292016 A1 Zhu et al.
2: As for Claim 1, Lundeen et al depicts in Figures 2C, 3A-3F and 8B Apparatus comprising: a nonlocal optical metasurface (Figure 3F); an image sensor array including a 2D array of imaging elements (see Figure 2C); and a digital imaging processor (not depicted but inherent for the capturing and displaying of the image from the camera) configured to receive data from the image sensor array; wherein the nonlocal optical meta surface is configured to receive incident light from a scene being viewed (see Figure 2C), and wherein the nonlocal optical meta surface is configured to provide transmitted light to the image sensor array (image sensor); wherein the nonlocal optical meta surface is configured to provide a lateral translation (W) of the transmitted light relative to the incident light (Column 16, Line 64- Column 17, Line 44 and depicts in Figures 1, 3F and 12); wherein the lateral translation (W depicted in Figure 1)) is configured to enable a reduced propagation distance between the nonlocal optical meta surface and the image sensor array (See Figure 8B and teaches in Column 22, Liens 36-67); Lundeen et al teaches a digital camera with a metalens that performs a lateral translation and discussed performing processing algorithms. However, does not teach wherein the digital image processor is configured to compensate for imaging artifacts due to the reduced propagation distance and/or the lateral translation.
Zhu et al teaches in Paragraphs [0008 and 0052] an imaging system with a metalens and teaches that it is advantageous to perform image processing on the captured image to compensate for distortion caused by the metalens including distortion related to a point spread function in order to improve image quality.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform the image processing of Zhu et al to correct for metalens distortion in the camera system of Lundeen et al in order to improve image quality.
3: As for Claim 2, Lundeen et al teaches on Column 16, Lines 1-51 and Column 17, Lines 45-Column 18, Line 3 wherein the lateral translation (W depicted in Figure 1) depends on one or more optical parameters selected from the group consisting of: frequency, polarization and angle of incidence.
4: As for Claim 3, Lundeen et al teaches on Column 12, Lines 40-58 and Column 26, Lines 40-55 wherein the reduced propagation distance is 10% or less of a corresponding conventional propagation distance (different compression factors can be set).
5: As for Claim 4, Lundeen et al in view of Zhu et al as taught in Claim 1 teaches a processor for storing values related to a metalens and correcting for lens distortion, aberrations and PSF in order to improve image quality. Therefore, the combination teaches wherein the nonlocal metasurface is designed to provide a metasurface design, and wherein the image processor is designed using the metasurface design as a fixed input.
6: As for Claim 5, Lundeen et al in view of Zhu et al as taught in Claim 1 teaches a processor for storing values related to a metalens and correcting for lens distortion, aberrations and PSF in order to improve image quality. Therefore, the combination teaches wherein the nonlocal metasurface and the image processor are jointly designed.
7: As for Claim 6, Lundeen et al depicts in Figure 2C wherein the apparatus is configured as an imager (camera with image sensor).
8: As for Claim 7, Zhu et al further teaches in Paragraphs [0008 and 0052] wherein the image processor is configured to optimize an imaging figure of merit (PSF of image).
9: As for Claim 8, Zhu et al further teaches in Paragraphs [0008 and 0052] wherein the imaging figure of merit is selected from the group consisting of: mean- squared error, peak signal to noise, point spread function, and any combination thereof.
10: As for Claim 9, Lundeen et al depicts in Figure 2C wherein the apparatus is configured as a sensor (camera with image sensor).
11: As for Claim 10, Zhu et al further teaches in Paragraphs [0008 and 0052] wherein the image processor configured to optimize a sensor figure of merit (PSF).
12: As for Claim 11, Lundeen et al teaches on Column 30, Lines 48-67 wherein the apparatus is configured as an image recognizer (the captured image is formed and recognized as an image in the image sensor).
13: As for Claim 12, Zhu et al further teaches in Paragraphs [0008 and 0052] wherein the image processor is configured to optimize an image recognition figure of merit (PSF).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0147305 A1 Sofronov et al see Figure 4 and Paragraph [0024].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M HANNETT whose telephone number is (571)272-7309. The examiner can normally be reached 8:00 AM-5:00 PM Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M HANNETT/Primary Examiner, Art Unit 2639
JMH
September 3, 2026
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