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 .
Claim Rejections - 35 USC § 102
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.
Claim 1 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Devlin et al. (US 2021/0028215).
As to claim 1, Devlin discloses: an apparatus (fig.5: imaging apparatus; paragraph 58: "FIG. 5 provides a schematic illustrating an aperture-metasurface imaging system incorporating an air gap above the image sensor and the metasurface layer closer to the object plane in accordance with embodiments of the invention") comprising: an aperture substrate having an optical aperture (fig.5: aperture substrate 12c including aperture 20c; paragraphs 86, 87); a lens substrate including a lens structure on a support (fig.5: lens substrate 24c including metasurface 14c; paragraph 100: “the metasurface layers (14c) may be deposited directly on the substrate (24c) or bonded via adhesive "), the lens structure being closer to the aperture substrate than is the support (fig.5: metasurface 14c is closer to aperture layer 12c than lens substrate 24c), and the lens structure being defined throughout a metasurface distributed across a surface of the support (paragraph 99: “metasurface layer (14c) composed of nanostructures (22c)") and comprising meta-atoms configured to change a local amplitude, a local phase, or both, of a light wave at an application wavelength, and the support being transparent to the application wavelength (paragraph 94: “the metasurface layer may act as an arbitrary phase mask”; i.e. amplitude and phase are changed by the nanostructures; paragraph 99: “as shown in FIG. 5, such imaging system embodiments comprise a substrate (24c) transparent at the wavelength of interest"); and a spacer, wherein a first end of the spacer is attached to the aperture substrate, and a second end of the spacer is attached either to the lens substrate or to a protective covering that covers the metasurface (fig.5: spacer structure in region 13c to support aperture substrate 12c over lens substrate 24c; paragraph 103: “FIGS. 3, 5 and 6, these embodiments would require a separate supporting structure to secure the aperture and ensure the aperture distance (tair) remains constant"), and wherein an opening extends through the spacer from the first end to the second end, wherein the opening has an index of refraction equal to or less than 1.0 (fig.5: air gap around 13c; paragraph 80: “airgaps may be disposed between the aperture and metasurface structure"; paragraph 96: “the aperture structure (12b), which is opaque to light at the wavelength of interest and completely transparent to light at that wavelength of interest over a distance, (dap), and metasurface layer (14b) are separated by a first distance (13b) defined by an airgap (tair)").
As to claim 7, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 1. Devlin further disclose wherein the opening contains air (paragraph 80: “airgaps may be disposed between the aperture and metasurface structure").
As to claim 8, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 1. Devlin further discloses wherein the lens structure includes an optically active region surrounded laterally by an optically inactive region, and wherein the second end of the spacer is attached to the optically inactive region of the lens structure (fig.16: the apparatus comprises a lens structure with an optically active and inactive border region).
As to claim 9, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 1. Devlin further discloses an image sensor disposed so that light entering through the optical aperture passes through the lens structure and then is incident on the image sensor (fig.5/16: the apparatus comprises an image sensor 16c/102 such that light entering through aperture 20c is incident on image sensor 16c after interacting with metalens structure 14c).
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 2-6 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Devlin et al. (US 2021/0028215).
As to claim 10, Devlin discloses a method (paragraph 77: “hybrid imaging systems incorporating conventional optical elements and metasurface elements with light sources and/ or detectors, and methods of the manufacture and operation of such optical arrangements are provided", see also discussion of claim 1) comprising: providing a layer defining optical apertures (fig.5; paragraph 87: providing an aperture layer including transparent and opaque portions); providing a second wafer having a lens structure on a surface of the second wafer, wherein the lens structure is defined by a metastructure distributed across a surface of the second wafer and comprising meta-atoms configured to change a local amplitude, a local phase, or both, of a light wave at the application wavelength, the second wafer being transparent to the application wavelength (fig. 13: provision of a lens die 76 with metasurface area 80 according to the previous embodiments, such as fig.5; paragraph 115); providing a spacer wafer, wherein there are openings extending through the spacer wafer from a first side of the spacer wafer to a second side of the spacer, wherein the openings have an index of refraction equal to or less than 1.0 (figs.5, 16: a spacer wafer between aperture layer/wafer is provided; paragraph 103; paragraph 80: “airgaps may be disposed between the aperture and metasurface structure"); and attaching the first side of the spacer wafer to the first wafer and attaching the second side of the spacer wafer either to the second wafer, or to a protective covering that covers the metastructure, to form a wafer stack, wherein the lens structure is closer to the first wafer than is the second wafer, and wherein each of the optical apertures is aligned with a respective one of the openings in the spacer wafer (fig.16: the aperture layer, the first spacer, the lens layer, the second spacer and the image sensor die are attached to each other to form a wafer stack according to the image apparatus in figure 5; figs. 13, 14 and paragraphs 115,116 describe attachment steps of the lower part of the image apparatus).
Devlin does not disclose that the aperture layer is a wafer on which a metal layer is disposed, wherein the first wafer is transparent to an application wavelength. Devlin
describes hybrid aperture/metasurface imaging systems (paragraph 96) and steps for fabricating the systems (paragraphs 110-124). The metasurface and the image sensor in Devlin are provided based on CMOS fabrication techniques, wherein the metasurface elements are formed by CMOS compatible materials, such as alumina, metal etc. (paragraph 91,111). It was a conventional CMOS fabrication technique to implement the aperture layer by means of a wafer with a metal layer having an opening, wherein the wafer is transparent to an application wavelength. 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 Devlin wherein the aperture layer is a wafer on which a metal layer is disposed, wherein the first wafer is transparent to an application wavelength, because conventional CMOS fabrication techniques were known to be cost-effective and reliable.
As to claim 2, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 1. Devlin does not disclose that the aperture substrate comprises a metal layer on a transparent substrate. Devlin further discloses (paragraph 87) apertures (12a to 12d) comprising a first aperture structure portion (18a to 18d) which is opaque to light at the wavelength of interest and a second aperture structure portion (20a to 20d) that is completely transparent to light at the wavelength of interest over a distance (dap). Selecting a metal layer on a transparent substrate for the aperture substrate was a conventional CMOS fabrication technique. Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to modify Devlin wherein the aperture substrate comprises a metal layer on a transparent substrate, because conventional CMOS fabrication techniques were known to be cost-effective and reliable.
As to claim 3, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 2. Devlin further discloses wherein the lens structure faces the optical aperture (fig.5: metasurface layers 14c face the optical aperture 20c).
As to claim 4, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 2. Devlin further discloses wherein the lens structure faces the first support (fig.5: metasurface layers 14c would face the transparent substrate of the aperture substrate 12c).
As to claim 5, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 2. Devlin further discloses wherein the support on which the lens structure is disposed and the first support on which the metal layer is disposed are composed of glass (paragraph 91: "The metasurface substrate may be any low-index material, e.g., polymer, SiO₂, glass").
As to claim 6, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 2. Devlin does not disclose wherein the metal layer defining the optical aperture is composed of a black chrome coating. However, it was well known to use a black chrome coating for this purpose because of its excellent light shielding properties. 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 Devlin wherein the metal layer defining the optical aperture is composed of a black chrome coating because of its excellent light shielding properties.
As to claim 11, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 10. Devlin further discloses separating the wafer stack into individual optical devices (fig.5/16: the wafer stack is separated into individual optical units).
As to claim 12, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 11. Devlin further discloses providing an image sensor so that light entering through the optical aperture of one of the individual optical devices passes through the lens structure and then is incident on the image sensor (fig.5/16: the apparatus comprises an image sensor 16c/102 such that light entering through aperture 20c is incident on image sensor 16c after interacting with metalens structure 14c).
As to claims 13-14, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 10. Devlin further discloses wherein the first wafer, second wafer, and spacer wafer are composed of glass (paragraph 91: "The metasurface substrate may be any low-index material, e.g., polymer, SiO₂, glass").
As to claim 15, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 10. Devlin does not disclose wherein the metal layer defining the optical apertures is composed of a black chrome coating. However, it was well known to use a black chrome coating for this purpose because of its excellent light shielding properties. 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 Devlin wherein the metal layer defining the optical apertures is composed of a black chrome coating because of its excellent light shielding properties.
As to claim 16, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 10. Devlin further discloses wherein the openings contain air (paragraph 80: “airgaps may be disposed between the aperture and metasurface structure").
As to claim 17, Devlin discloses all of the elements of the claimed invention discussed above regarding claim 10. Devlin further discloses wherein the lens structure includes optically active regions each of which is surrounded laterally by a respective optically inactive region, and wherein the method includes attaching the optically inactive regions to the second side of the spacer wafer (fig.16: the apparatus comprises a lens structure with an optically active and inactive border region).
Conclusion
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/DAVID Y CHUNG/Primary Examiner, Art Unit 2871
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