Invalidity dossier

US 10866099

Electro-opto-mechanical micro gyroscope

Current assignee: US Department of Navy

Added 9/24/2026, 6:00:01 PM

At a glanceNo PTAB challengesNo litigation on fileOptical Technology

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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Summary of US Patent 10,866,099

Sources: Google Patents full text (https://patents.google.com/patent/[US10866099](/patent/US10866099)/en), plus web searches of Justia, Patents Encyclopedia, Dimensions, and the Patterson Sheridan Federal Circuit weekly summaries. I do not have direct authenticated access to USPTO PatentCenter or the CAFC docket system; my findings below are limited to what public search surfaced.


Bibliographic data

Field Value
Patent number US 10,866,099 B1 (do not conflate with 10,659,885 or 10,820,117, which are unrelated Taction/Apple haptic patents)
Title Electro-opto-mechanical micro gyroscope
Application no. US 16/427,579
Filing date 2019-05-31
Priority date 2019-05-31
Pre-grant publication US 2020/0378762 A1, published 2020-12-03
Grant/issue date 2020-12-15
Inventors Michael Mazilu; Joanna Ptasinski; Alexandru Hening
Assignee (recorded) United States of America as represented by the Secretary of the Navy
Joint ownership (per spec) U.S. Government and University Court of the University of St. Andrews (Scotland), per CRADA No. NSCRADA-SSCPacific-17-291
Claims 17 total (independent claims 1, 8, 14)
Classification G01C 19/5712; also 19/5726, 19/5656, 19/5677, 19/04
Legal status Active; 4th-year maintenance fee paid 2024-03-08; anticipated expiration 2039-05-31

Assignment records: original assignment from Ptasinski and Hening recorded 2019-05-31 (Reel 049328/0861); assignment from Mazilu recorded 2019-07-23, effective 2019-07-16 (Reel 049828/0732).


Abstract (as issued)

A gyroscope and method for navigating using the gyroscope can include a substrate that can define a cavity. The cavity can be placed under a vacuum, and a birefringent microrotor can be located in the cavity. A light source can direct light through the substrate and into the cavity to establish an optical spring effect, which act on the microrotor to establish an initial reference position, as well as to establish rotational and translational motion of said microrotor. A receiver can detect light that has passed through said cavity. Changes in light patterns that can be detected at the receiver can be indicative of a change in position of the microrotor. The change and rate of change in position of the microrotor can be used for inertial navigation.


Plain-language overview of the independent claims

Claim 1 — Gyroscope (apparatus). Four elements must all be present:

  1. a substrate that defines a cavity;
  2. a birefringent microrotor located in the cavity, and made of vaterite material (this material limitation is express in the claim, not merely a dependent-claim or embodiment feature);
  3. a light source directing light into the cavity to create an optical spring on the microrotor that produces both rotational and translational motion; and
  4. a receiver that detects light that has passed through the cavity.

Claim 8 — Method for inertial navigation. Four recited steps:

  • A) establish a cavity in a substrate;
  • B) place a birefringent microrotor made of vaterite material in the cavity;
  • C) create an optical spring effect that (i) establishes an initial reference position, and (ii) establishes an initial configuration of rotational motion and translational motion; and
  • D) monitor changes in that initial reference position and initial configuration.

Claim 14 — Gyroscope (apparatus, means-plus-function hybrid). Recites:

  • a birefringent microrotor comprised of vaterite material;
  • the microrotor disposed within a microcavity defined by a substrate;
  • an optical spring operating on the microrotor to create a backpressure effect, which traps the microrotor at an initial reference position and causes an initial reference rotational motion and reference translational motion; and
  • a "means for monitoring" changes in position, rotational motion, and translational motion (a §112(f)-style means term, supported in the spec by the VCSEL + QPD arrangement, and in FIG. 5 by a separate trapping light source 32).

Dependent-claim highlights: claims 2 (inlet/outlet + vacuum pump), 3 (cavity ≤ 30 µm), 4 (microrotor ≤ 10 µm), 5 (substrate from SiO₂, PDMS, or SU8 2000 epoxy), 6 (VCSEL in the ultrashort-pulsed-laser regime), 7 (quadrant photodiode receiver); mirroring dependents in the method set (9–13) and apparatus set (15–17).

Operative principle (spec): The cavity is evacuated; light (a VCSEL) is focused through the transmissive substrate into the spherical microcavity; radiation pressure provides an optical spring that levitates/centers the vaterite microparticle and transfers angular momentum to spin it (spec cites induced rotation up to ~10⁶ rpm). When the host platform accelerates, the rotor displaces slightly from the cavity's geometric center, changing the birefringence-derived light pattern at the receiver; the magnitude and rate of that change serve as the inertial-navigation signal.


Litigation / CAFC 2026 docket check

No 2026 CAFC docket activity for US 10,866,099 was found. My targeted searches for the patent number in a litigation/appeal context returned no case, no appeal, and no PTAB proceeding. I flag this as a negative search result with limited confidence rather than a verified absence, because I could not query the CAFC docket or PTAB APIs directly.

Two caution notes on literal identifier interpretation (per your strict rule):

  • A search for "10866099" surfaced UK Companies House number 10866099 — CARHAM LIMITED (The Gazette, London issue 900791). That is a company registration number, not the U.S. patent, and I have not merged it into this analysis.
  • 2026 patent-litigation news returned instead concerns US 10,659,885 and US 10,820,117 (Taction Technology v. Apple, S.D. Cal. haptics/Taptic Engine verdict, ~$5.72B jury award reported Sept. 2026). These are different patent numbers for a wholly unrelated technology and are not to be associated with US 10,866,099.

Confidence notes

  • Title, inventors, assignee, dates, abstract, and claim text: high confidence — taken from the authoritative full patent text.
  • The St. Andrews joint-ownership statement: high confidence that it appears in the specification, but the recorded assignee of record on Google Patents lists only the U.S. Navy; the joint-ownership/licensing statement is the applicant's own recital, not an assignment record.
  • Absence of CAFC/appeal activity: moderate confidence only; I recommend verification against the CAFC docket (case number search) and USPTO Patent Public Search / PTAB APIs before relying on it.

Generated 9/29/2026, 5:21:00 AM

Cases on file (0)

Specific litigation cases in our database that name US patent 10866099. The free-form analysis below may also discuss cases beyond this list.

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Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

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Litigation Search Report — U.S. Patent No. 10,866,099

Bottom line: I found no known litigation involving U.S. Patent No. 10,866,099 ("Electro-opto-mechanical micro gyroscope"). No district court cases, no Court of Appeals for the Federal Circuit appeals, no ITC Section 337 investigations, and no PTAB post-grant proceedings (IPR/PGR) referencing this patent were identified.

What was searched

I ran targeted queries against web-indexed sources that surface patent litigation and post-grant proceedings, including results indexed from the Unified Patents litigation portal, PTAB/PTACTS petition filings, CourtListener/RECAP (district court and CAFC dockets), and general litigation news sources, using the exact patent number and the patent title.

Why no litigation result is not surprising

The patent's own front matter and legal events explain why it is an unlikely litigation subject:

  • Assignee: "UNITED STATES OF AMERICA AS REPRESENTED BY THE SECRETARY OF THE NAVY," with joint ownership rights held by "The University Court of the University of St. Andrews (Scotland)" under CRADA No. NSCRADA-SSCPacific-17-291 (see the Federally-Sponsored Research and Development statement in the specification).
  • Filing date: 2019-05-31; grant date: 2020-12-15; anticipated expiration: 2039-05-31. The patent is currently Active (4th-year maintenance fee paid 2024-03-08, large entity).
  • The only post-grant activity of record is the routine assignment and maintenance-fee events; there is no litigation docket, no IPR/PGR, and no adverse proceeding listed in the Google Patents "Litigation"/"Families Citing" data (the citing family members are unrelated later patents/applications in different technologies).

Government-owned patents are typically enforced only through licensing or, where applicable, 28 U.S.C. § 1498 (which channels government-involving infringement into the Court of Federal Claims rather than ordinary district-court actions), further reducing the likelihood of the sort of district-court docket entries this search would surface.

Important caveat on irrelevant "hits"

Some searches returned the string "10866099," but these are not the patent and must not be conflated with it:

  • CARHAM LIMITED, Company Number 10866099 — a UK companies-house registration number (The Gazette, London issue 900791), wholly unrelated to U.S. Patent 10,866,099.
  • Other results referenced different patents (e.g., U.S. 10,370,099, 11,034,441, 10,659,885, 10,820,117) and unrelated litigations (Wisk v. Archer; Seakeeper v. Dometic; Taction v. Apple). None involve U.S. 10,866,099.

Per your instruction not to auto-correct identifiers, I have kept the number literal: 10,866,099 — and I isolated only results matching that exact patent.

Answer to your question

  • Plaintiff(s): None identified.
  • Defendant(s): None identified.
  • Jurisdiction: N/A.
  • Case number: N/A.
  • Filing date: N/A.
  • Outcome / current status: N/A — No litigation is known.

Confidence note: I could not directly query the live Unified Patents litigation portal or PACER (no hit with the exact number returned usable litigation records), so this finding is based on indexed results and the patent's own public records rather than a page-by-page confirmation of those databases. If you need a definitive negative, I would recommend running the exact patent number ("10866099") through the Unified Patents litigation case list, Docket Navigator, and PACER's nationwide party/case search, and confirming there are no § 1498 actions in the U.S. Court of Federal Claims — but based on all evidence available, there is no known litigation as of the current date.

Generated 9/29/2026, 5:20:54 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

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Proceedings overview

Total AIA trial proceedings on file for US 10,866,099: 0. The structured "PTAB proceedings on file" block (USPTO Open Data Portal ingest) lists no IPR, PGR, or CBM for this patent, and my web searches — including targeted queries on the patent number, the inventors (Mazilu / Ptasinski / Hening), and the title — surfaced no PTAB petition, institution decision, FWD, or Federal Circuit appeal anywhere in the chain. Breakdown by status is therefore: active 0 / claims invalidated 0 / claims sustained 0 / settled 0 / institution denied 0. Bottom line for a defendant: all 17 claims (1–17) are untested and fully live — there is no claim-cancellation ammunition and no § 315(e)(2) estoppel to exploit. The defensive value of this patent's PTAB history is zero; any invalidity attack has to be built from scratch.

Verification note. I did not find any proceeding, but the ODP ingest is a snapshot and a recently filed petition may not yet be indexed. The authoritative free checks are USPTO PTAB E2E (https://ptacts.uspto.gov/ptabweb/) and the PTAB Decisions/API at https://developer.uspto.gov/ptab-api/. My searches returned no hit for this patent number in any PTAB docket. I am not aware of any proceeding and I am not going to invent a proceeding number to fill the template.

No proceedings to report

Because there is nothing to brief at the proceeding level, the per-proceeding template (Judge panel, Petition grounds, Institution decision, FWD at claim-level, Settlement, Appeal) is inapplicable. To be explicit about what was checked and what was not found:

Check Result
ODP "PTAB proceedings on file" block Empty — 0 AIA trials
Web search: patent number + IPR/PGR/CBM No PTAB hit (matches returned were unrelated patents ending in "099," e.g. U.S. 6,651,099 and U.S. 9,106,099 — different patents, do not conflate)
Web search: inventors / title + PTAB No hit
Web search: Unified Patents / RPX / defensive aggregator + this patent No hit (search step budget exhausted before the second query returned)
District court litigation mentioning the patent No assertion found

Two cautions about the search results above: (1) hits referencing "the '099 Patent" in petitions and FWD text belong to U.S. 6,651,099 (Packeteer/Network-1) and U.S. 9,106,099 (Embertec) — neither is this patent; and (2) the third-party publication CN116448086B ("optically suspended microsphere rotor gyroscope based on optical axis attitude angle detection," 中国人民解放军国防科技大学) and CN104034322A/C (Zhejiang University) appear in the Google Patents "Similar Documents"/citation landscape as later or foreign art, not as PTAB proceedings.

Strategic summary

Claim status. Nothing about U.S. 10,866,099 has been narrowed at the PTAB. All three independent claims — claim 1 (gyroscope: substrate defining a cavity + birefringent vaterite microrotor + light source establishing an optical spring to produce rotational and translational motion + receiver), claim 8 (method for inertial navigation, steps A–D), and claim 14 (gyroscope with an optical-spring "backpressure effect" trapping the microrotor at an initial reference position) — remain in force, together with their dependents: 2–7, 9–13, and 15–17. There is no CANCELED / SUSTAINED / UNTESTED split to work with; every limitation the patent owner would assert is UNTESTED.

Estoppel landscape. With zero IPRs, 35 U.S.C. § 315(e)(2) estoppel is a non-issue — no petitioner and no privy is barred from anything. Every invalidity ground is available, including § 102/§ 103 combinations built on the references the examiner already considered (U.S. 4,997,521; U.S. 6,638,895; U.S. 6,615,681; U.S. 6,546,798; U.S. 2015/0000402; CN104034322A) plus the non-patent literature of record. Practically, the most interesting art for a § 103 attack is the patent owner's own/adjacent academic record cited in the IDS: Arita, Mazilu & Dholakia, "Laser-Induced Rotation and Cooling of a Trapped Microgyroscope in Vacuum," Nature Communications 4, 2374 (2013); Kippenberg & Vahala, Cavity Optomechanics: Back-Action at the Mesoscale, Science 321, 1172 (2008); and Kleckner & Bouwmeester, Nature 444, 75 (2006). That 2013 Arita paper is the single most obvious starting point for invalidating the "optical spring acting on a rotating trapped particle" concept, and the fact it is of record does not immunize it (§ 325(d) is discretionary, not a bar). A defendant should also think hard about § 101 (an optical-trap gyroscope framed largely in functional/result terms) and § 112 (claims 3/4/12/13/15/16 recite "d=30 μm or less" while the specification says "d≤30 μm," and claim 14's "means for monitoring" invites a § 112(f) construction fight), since those grounds are unavailable in an IPR and must be litigated in court.

Pattern signals. No petitioner has filed on this patent — not once, let alone repeatedly. No patent-owner appeal activity at the Federal Circuit because there has been no adverse PTAB ruling. No defensive aggregator (Unified Patents, RPX, LOT) appears in the chain. The likely explanation is structural rather than merit-based: this is a U.S. Government-owned patent (assignee: United States of America as represented by the Secretary of the Navy), with the specification expressly recording joint ownership by the U.S. Government and the University Court of the University of St. Andrews under CRADA NSCRADA-SSCPacific-17-291. Government and university owners historically do not run monetization campaigns, so the usual IPR trigger — an aggressive assertion campaign generating multiple defendants — has never materialized. Note also the 28 U.S.C. § 1498 overlay: if the accused use is by or for the United States, the exclusive remedy is an action in the Court of Federal Claims, and an IPR may be a poor fit. The maintenance fee was paid on 2024-03-08 (4th year, large entity), so the patent is alive through the 2039-05-31 anticipated expiration.

Recommended next steps

  1. Treat the "no PTAB activity" result as a signal, not an exoneration. Well-asserted patents eventually attract IPRs. This one hasn't been asserted, which means the claims have never been stress-tested. Do not assume they are strong.
  2. Commission a fresh prior-art search centered on the 2013 Arita/Mazilu/Dholakia Nature Communications paper (optically trapped, laser-rotated micro-gyroscope in vacuum) and the broader optically-levitated-rotor literature. That is the most promising § 103 spine. Confirm what the examiner actually relied on in the IDS before building the ground.
  3. Verify the ODP result yourself before relying on it. Pull the patent's trial list directly at PTAB E2E (https://ptacts.uspto.gov/ptabweb/) and the PTAB API (https://developer.uspto.gov/ptab-api/) with document filters on 10866099 / application 16/427,579. Also check CourtListener RECAP (https://www.courtlistener.com/) for any district-court or Federal Circuit docket naming the patent.
  4. If you intend to file an IPR, budget for the fact that there is no prior petition to copy from. Start the § 315(b) one-year clock analysis from the date you are served with a complaint, and expect § 325(d) arguments over the of-record NPL (Arita 2013, Kippenberg & Vahala 2008, Kleckner 2006) — you will need to show the Board why its prior consideration does not warrant discretionary denial, e.g., new § 103 combinations or art not previously evaluated.
  5. In court, lead with the non-IPR grounds. Because there is no IPR, § 101 and § 112 are fully available to you and cannot be raised at the PTAB — keep them in the district-court case rather than stipulating them away. Also probe the VR-1 inventor-side CRADA/joint-ownership chain (Navy + St Andrews) for standing, co-owner consent, and § 1498 / government-contractor issues.
  6. No FWD exists to link or quote. If you need a claim-level disposition document, there isn't one — the only public prosecution record is the patent itself (https://patents.google.com/patent/US10866099/en) and its pre-grant publication US 2020/0378762 A1 (2020-12-03).

Generated 9/29/2026, 5:21:05 AM

Ownership chain (2)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 2019-05-29 · recorded 2019-05-31 · reel 049328/0861 · Assignment

    Joanna Ptasinski; Alexandru HeningUnited States of America as represented by the Secretary of the Navy

  2. 2019-07-16 · recorded 2019-07-23 · reel 049828/0732 · Assignment

    Michael MaziluUnited States of America as represented by the Secretary of the Navy

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

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I'll verify the assignment record against live sources before reconstructing the chain.

Ownership Analysis — US 10,866,099 B1 (“Electro-opto-mechanical micro gyroscope”)

Sources consulted: the full patent text at https://patents.google.com/patent/US10866099/en (including its Google Patents Legal Events / Patent Citations / family tables), Justia Patents record at https://patents.justia.com/patent/[10866099](/patent/10866099), Justia assignee page https://patents.justia.com/assignee/united-states-of-america-as-represented-by-teh-secretary-of-the-navy, and Dimensions record https://app.dimensions.ai/details/publication/pub.1030817322.

Methodological caveat up front: the USPTO Patent Assignment Center (https://assignmentcenter.uspto.gov/) is a JavaScript application that cannot be queried directly from here. The reel/frame numbers, conveyance types, assignors/assignees and dates below are taken from the Legal Events table reproduced in the Google Patents record for this patent, which mirrors the underlying Assignment Center entries. The “correspondent of record” field is not exposed in any source I could retrieve — I will flag that gap explicitly rather than guess at an attorney name.


Inventors

Inventor Recorded role Employer at time of filing (as determinable)
Michael Mazilu Assignor under reel 049828/0732 (executed 2019-07-16) University of St Andrews, School of Physics and Astronomy (Scotland) — consistent with his position as a co-investigator on the joint US Navy / St Andrews CRADA named in the patent’s Federally-Sponsored Research statement, and with St Andrews being listed as a co-applicant on the pre-grant publication (US20200378762A1). Do not treat this as certain; the assignment record itself names no employer.
Joanna Ptasinski Assignor under reel 049328/0861 (executed 2019-05-29) US Navy side — Naval Information Warfare Center (NIWC) Pacific, San Diego. She is a repeat Navy-assigned inventor (e.g., earlier Navy-owned optical/photonic patents such as US 7,336,882, same “Office of Patent Counsel, SSC Pacific, Code 20012” correspondence address).
Alexandru Hening Assignor under reel 049328/0861 (executed 2019-05-28) US Navy side — NIWC Pacific per the assignment instrument. (There is an unrelated academic of the same name; I am not asserting any connection to that individual.)

Unusual patterns:

  • Split assignment dates. Two inventors signed on 2019-05-28/29 (recorded the same day the application was filed, 2019-05-31); the third, Mazilu, did not execute until 2019-07-16 (recorded 2019-07-23) — roughly six weeks after filing. This is the expected signature of a government co-development arrangement where one inventor is employed by a foreign university and had to clear rights separately. It is not a fire-sale precursor pattern.
  • Co-ownership not papered at the USPTO. The specification states the US Government and “The University Court of the University of St. Andrews (Scotland)” hold joint ownership rights under CRADA No. NSCRADA-SSCPacific-17-291, and the pre-grant publication lists both as applicants — yet no assignment to or from St Andrews appears in the recorded chain. That is a genuine record gap (possible unrecorded co-owner interest), but it is the opposite of an NPE tell: it is a university/government joint-development artifact.
  • No departures detectable. Assignment instruments show no inventor re-assignment, quitclaim, or release, so the “all inventors left within 12 months” precursor cannot be assessed from this data — and there is no evidence of it.

Original assignee

United States of America, as represented by the Secretary of the Navy (assignee of record from issuance through today; stated on the face of the patent and in both recorded assignments).

  • Entity type / business: Sovereign / federal agency. This is a government patent, not a commercial-product patent.
  • Product embodying the claims: The patent describes a proof-of-concept device — an optically levitated vaterite microrotor in a vacuum microcavity with VCSEL interrogation and QPD readout, intended for GPS-denied inertial navigation. The specification frames it as an object of the invention and a research platform, not as a fielded product. No evidence surfaced of a commercial product shipping under these claims. (Stating this plainly: I found no product.)
  • Current status: Active and operating. Legal status Active; maintenance fee for the 4th year paid 2024-03-08 (large-entity). Anticipated expiration 2039-05-31. The assignee has not been acquired, dissolved, or put into bankruptcy.
  • Ownership complication: Joint ownership rights asserted for the University Court of the University of St. Andrews per the CRADA statement in the specification. No corresponding USPTO record.

Assignment timeline

Two recorded assignments. Both are pre-issuance, inventor-to-employer assignments. There are no post-issuance assignments of any kind.

2019-05-28 / 2019-05-29 (executed) / recorded 2019-05-31 — Reel 049328/0861

  • Conveyance: Assignment
  • Assignor: Joanna Ptasinski (signed 2019-05-29); Alexandru Hening (signed 2019-05-28)
  • Assignee: United States of America as represented by the Secretary of the Navy (recorded owner address: Virginia)
  • Correspondent: Not exposed in any retrievable source. The Assignment Center correspondent field is the key tell this analysis would normally hinge on; I could not retrieve it, and I will not invent an attorney or firm name. The instrument is the standard Navy in-house form (ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:PTASINSKI, JOANNA;HENING, ALEXANDRU;SIGNING DATES FROM 20190528 TO 20190529;REEL/FRAME:049328/0861), which in practice is filed by Navy Office of Counsel rather than an outside patent attorney.
  • Context: Employment/obligation assignment of rights to the employer-agency — the original, routine recording. Recorded the same day the application was filed.

2019-07-16 (effective date) / recorded 2019-07-23 — Reel 049828/0732

  • Conveyance: Assignment
  • Assignor: Michael Mazilu (sole assignor)
  • Assignee: United States of America as represented by the Secretary of the Navy (recorded owner address: Virginia)
  • Correspondent: Not exposed in any retrievable source (see note above). Instrument text: ASSIGNMENT OF ASSIGNOR;ASSIGNOR:MAZILU, MICHAEL;REEL/FRAME:049828/0732, effective date 2019-07-16.
  • Context: Original inventor-to-government assignment, executed ~6 weeks post-filing to complete the chain of title for the university-side inventor. Routine; not a transfer between operating entities.

Post-issuance (2020-12-15 onward): Nothing. No assignment, security agreement, license recordation, merger, or change-of-name. The 2024-03-08 entry is a maintenance-fee payment event (M1551), not an assignment.

Finding: The Assignment Center contains records for this patent, but only the original inventor-to-employer assignments. Ownership has never moved.


Timeline diagram

timeline
    title Ownership of US 10866099
    2019 : Filed by US Navy
         : Ptasinski and Hening assign to Navy
         : Mazilu assigns to Navy
    2020 : Patent issued
    2024 : Maintenance fee paid

NPE / troll-pattern signals

  1. Shell-entity transfer — Not present. No transfer out of the US Government at any point. Assignee is a federal agency with a recorded owner address in Virginia, not a registered-agent service address. No “IP / Holdings / Ventures” entity anywhere in the chain (reels 049328/0861 and 049828/0732 both name the Secretary of the Navy).

  2. Known asserter in the chain — Not present. Neither the current assignee nor any recorded assignee matches Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, or Spangenberg entities. The US Navy is not on any NPE assertion directory.

  3. Repeat correspondent across the chain — Unclear / not assessable. The correspondent of record is not exposed in the Google Patents Legal Events table, in Justia, or in Dimensions, and I could not query Assignment Center directly. This is the one signal I cannot evaluate. Note that the assignee recurs across both reels (same Navy, same recorded owner address) — but a recurring assignee is not the same tell as a recurring attorney, and I decline to treat it as one.

  4. Cascading transfers — Not present. Two assignments total, both in 2019, both inventor→employer, both to the same assignee. No chained LLCs, no <24-month cascade.

  5. Pre-litigation transfer — Not present. No infringement suit naming this patent was found in any search (including the Fifties-era free-rotor gyroscope litigation that surfaced in results, which is unrelated prior art discussion, not this patent). No litigation, so no pre-suit transfer window exists. Additionally, the last assignment predates issuance by ~17 months.

  6. Bankruptcy fire-sale — Not present. The assignee is the United States Government; no Chapter 7/11 involving the assignee or any assignor. No Kodak/Nortel/Polaroid-style sale.

  7. Privateering — Not present. No transfer to an asserting NPE on behalf of an operating company. The patent has never left government ownership.

  8. Defensive aggregator (anti-NPE) — Not present in the strict sense. The chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. However, the substantive effect is similar: the patent is held by a sovereign that does not assert patents against commercial competitors. It is a government-held patent, not a neutralized-and-aggregated one.


Verdict

Insufficient data — with the substantive note that no NPE signal is present.

Justification: per the rubric, a patent whose only USPTO records are the original assignments falls into “insufficient data,” and that is exactly the case here. Reel 049328/0861 (recorded 2019-05-31; Ptasinski + Hening → US Navy) and reel 049828/0732 (recorded 2019-07-23; Mazilu → US Navy) are both inventor-to-employer recordings, both pre-dating issuance on 2020-12-15, and no post-issuance assignment, security interest, or litigation exists. Ownership has been continuously and stably held by the United States Government (Secretary of the Navy) since 2019, with joint rights asserted in the specification for the University Court of the University of St. Andrews under CRADA No. NSCRADA-SSCPacific-17-291 — a government/university co-development arrangement, i.e., the structural antithesis of an NPE chain. The one signal I could not test is #3 (repeat correspondent), because the correspondent field is not exposed in any source available to me; I flag that as an open item rather than an affirmative or negative finding.

Verification links:

Generated 9/29/2026, 5:21:10 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research each cited reference to provide accurate citations and anticipation analysis. Let me run targeted searches.

Let me gather details on the remaining cited references.

Prior-Art Analysis — U.S. Patent No. 10,866,099 B1

Analyst note on the search instruction. I interpreted the identifier literally as 10866099 (not 10,866,099-with-alternatives). The live results returned US 10,866,099 B1, "Electro-opto-mechanical micro gyroscope," assigned to the U.S. Department of the Navy (joint with the University Court of the University of St. Andrews per the CRADA statement), inventors Michael Mazilu, Joanna Ptasinski, and Alexandru Hening, filed 2019-05-31, granted 2020-12-15. That matches the patent text supplied, so no auto-correction was needed. All analysis below is confined to that exact patent and its listed citations; I did not substitute similar numbers (e.g., 10,370,099 / 11,034,441 / 10,659,885 / 10,820,117).

Important framing caveat. The references below are the six patent citations and fourteen non-patent citations listed on the face of US 10,866,099 (i.e., references the examiner/applicant considered). Google Patents flags them with "* Cited by examiner / † Cited by third party," and the list is identical in the "Citations (6)" and "Patent Citations (6)" tables. I could not independently open the USPTO PatentCenter Image File Wrapper (IFW) in this session, so the § 102 mapping below is my technical analysis of each reference against the issued claims, not a reproduction of the examiner's stated rejections. Where I am uncertain whether an element is disclosed, I say so.


A. The issued claims being tested (reference key)

  • Claim 1 — gyroscope: substrate defining a cavity; birefringent microrotor made of vaterite in the cavity; light source directing light into the cavity to establish an optical spring acting on the microrotor to establish rotational and translational motion; receiver detecting light that passed through the cavity.
  • Claims 2–7 — dependents: inlet/outlet + vacuum pump (2); cavity d ≤ 30 µm (3); microrotor d ≤ 10 µm (4); substrate = SiO₂/PDMS/SU8 2000 (5); light source = VCSEL in USPL regime (6); receiver = QPD (7).
  • Claim 8 — method for inertial navigation: A) cavity in substrate; B) place birefringent vaterite microrotor; C) create optical spring effect → initial reference position + initial rotational & translational motion; D) monitor changes.
  • Claims 9–13 — dependents: C & D via same light source (9); VCSEL (10); QPD (11); cavity d < 30 µm (12); microrotor d < 10 µm (13).
  • Claim 14 — gyroscope: birefringent vaterite microrotor in microcavity defined by substrate; optical spring producing a backpressure effect trapping microrotor at initial reference position and causing reference rotational + translational motion; means for monitoring.
  • Claims 15–17 — dependents: cavity d ≤ 30 µm (15); microrotor d ≤ 10 µm (16); optical spring comprises VCSEL (17).

B. Patent citations — full citations, dates, descriptions

# Reference Filed / Priority Published / Granted Assignee Subject
1 CN 104034322 A (also CN 104034322 B) CN appl. 201410274332.9, filed 2014-06-19 A published 2014-09-10; B granted 2016-11-30 浙江大学 (Zhejiang University) "光学悬浮转子微陀螺测量角速度的装置" — Optically levitated rotor micro-gyro device for measuring angular velocity
2 US 6,546,798 B1 filed 2001-03-14 granted 2003-04-15 U.S. Navy "Micro-electro-mechanical systems resonant optical gyroscope"
3 US 6,615,681 B1 filed 2001-07-26; prov. 2000-07-28 granted 2003-09-09 Charles Stark Draper Laboratory "Hybrid wafer gyroscope"
4 US 4,997,521 A appl. 07/342,952 filed 1989-04-25; priority 1987-05-20 granted 1991-03-05 MIT "Electrostatic micromotor"
5 US 6,638,895 B1 filed 1999-10-27 (appl. 09/696,050) granted 2003-10-28 University of Chicago "Method for fabricating high aspect ratio structures in perovskite material"
6 US 2015/0000402 A1 filed 2013-06-28 published 2015-01-01 STMicroelectronics S.R.L. "Oscillation frequency measuring system and method for a MEMS sensor"

(Dates above are the ones returned by Google Patents/OSTI/justia for each reference; they are consistent with the front-page data in the patent under review. Minor discrepancies, e.g., US 4,997,521's priority vs. filing, reflect continuation/provisional lineage and should be confirmed against the IFW if a formal invalidity position is built on them.)


C. § 102 analysis, reference by reference

1. CN 104034322 A / B — the closest art (Zhejiang University)

What it discloses (verified from the Chinese text and its English abstract/description): A device comprising a laser (激光器), an intensity modulator, a three-dimensional vortex optical-trap system (三维涡旋光阱系统) made of three mutually orthogonal pairs of opposed single-mode fibers with quarter-wave plates, a base, a parallel-light source, a birefringent quartz micro-sphere rotor (双折射石英微球 / 微球转子), a photoelectric image detector (光电图像探测器), a processor, and a 3-D trap stabilization system. The microsphere is optically levitated (optical levitation / 光悬浮) at the rotor-axis center; circularly polarized vortex light transfers orbital angular momentum to the birefringent microsphere to spin it (rotational motion), while the trap holds it in position (translational confinement). The photodetector collects light transmitted through the microsphere, and changing spot shape/intensity is used to derive angular velocity; feedback light intensity restores the rotor.

§ 102 mapping:

  • Claim 1 — anticipation is close but incomplete. CN 104034322 discloses (a) a support structure/"base" holding a trapped rotor (substrate + cavity/region), (b) a birefringent micro-rotor, (c) a laser/light source that traps the rotor and imparts rotation (optical trap ≈ optical spring; rotational + translational motion), and (d) a photodetector receiving light that passed through the rotor (receiver). The two limitations CN 104034322 does not disclose are the "vaterite" material (it uses quartz) and, arguably, characterization as a "cavity" in a "substrate." Because § 102 requires a single reference to disclose every limitation, claim 1 is not literally anticipated; CN 104034322 is instead the strongest § 103 combination anchor.
  • Claim 8 — same result: steps A–D are substantially shown (cavity/trap region, birefringent micro-rotor, optical trapping to set rotation + position, monitoring changes), but step B's "vaterite" limitation is absent. Not literally anticipated.
  • Claim 14 — the "trapping at an initial reference position" plus "reference rotational and translational motion" is directly disclosed (optical levitation at the axis center + spin-up), but the vaterite limitation is again missing. Not literally anticipated.
  • Claims 3, 4, 12, 13, 15, 16 (size limits) — CN 104034322 recites a microsphere radius of 2–500 µm, i.e., a diameter up to 1,000 µm, which overlaps and encompasses the claimed d ≤ 30 µm (cavity) and d ≤ 10 µm (microrotor) ranges. A range that overlaps the claimed range is not by itself an anticipation of a narrower claimed range, but this is a strong § 103 obviousness point and a possible § 102 attack if a specific species within the claimed sub-range is disclosed.
  • Claim 6 / 10 / 17 (VCSEL / USPL) — not disclosed; CN 104034322 uses a generic laser + intensity modulator and fiber-delivered vortex beams. No § 102.
  • Claim 7 / 11 (QPD) — CN 104034322 uses a photoelectric image detector (an imaging detector), not a quadrant photodiode. This is a different detector type, so no literal § 102 anticipation on claims 7/11, though it supports obviousness.

Bottom line: CN 104034322 is highly material prior art and the best § 103 reference, but due to the "vaterite" and detector-type limitations it does not by itself literally anticipate claims 1, 8, or 14.


2. US 6,546,798 B1 — Navy MEMS resonant optical gyroscope

What it discloses: A MEMS gyroscope in which a movable upper mirror of a Fabry-Perot-type resonant optical cavity is displaced by angular rotation; photodiodes integrated under the bottom mirror detect the change in optical transmission (resonance) caused by angular displacement. It expressly contrasts itself with capacitive/piezo pickoffs ("the invention utilizes optical resonance to detect angular displacement as opposed to capacitive pick-offs or piezo-electric sensors") and notes monolithic integration with a MEMS accelerometer and CMOS.

§ 102 mapping:

  • Shares only the "optical detection of a MEMS-scale rotation" genus and a photodetector receiver. It has no freely levitated birefringent microrotor, no optical spring, no angular-momentum transfer, no vaterite. It therefore does not anticipate any of claims 1–17. This is § 102 background/general-art at best; it is relevant as evidence that optical readout of MEMS rotation was known, feeding a § 103 motivation-to-combine argument on the "receiver detecting light through the cavity" element (claims 1, 7, 8/D, 11, 14).
  • Its significance is heightened by the same-assignee relationship (U.S. Navy), which supports a § 103 "same field of endeavor / common ownership" framing rather than anticipation.

3. US 6,615,681 B1 — Hybrid wafer gyroscope (Draper)

What it discloses: A miniature spinning-rotor gyroscope combining a micromachined silicon rotor subassembly (rotor + gimbal + flexures etched from a wafer) with conventional bearings, electromagnetic motor, capacitive pickoffs/torquers, and a feedback control loop. It is a spinning-mass mechanical gyroscope, explicitly in the "hybrid wafer" family, with claimed stability to ~0.005°/h.

§ 102 mapping:

  • Discloses a spinning rotor gyroscope with rotational motion, but the rotor is mechanically borne and driven electromagnetically, the pickoffs are capacitive, and there is no optical spring, no optical trapping, no birefringence, no vaterite, no light source through a cavity. It does not anticipate any claim. Relevant only as general gyroscope background and as § 103 art showing that a spinning micro-rotor with monitored displacement was known.

4. US 4,997,521 A — Electrostatic micromotor (MIT)

What it discloses: A monolithically micromachined electrostatic micromotor with a free-standing rotor in a stator, micron air gaps, sacrificial-layer release, and self-aligned bearings. Critically, the specification states the micromotor "can be used as a gyroscope," and separately as an optical modulator (rotating rotor with alternating opaque/transparent regions modulating a light beam through a diaphragm).

§ 102 mapping:

  • Discloses a micromachined rotating rotor and even a stated gyroscope application and an optical-modulation application (light through a rotating rotor). But it discloses no birefringent material, no vaterite, no optical spring/optical trapping, no light source establishing rotor motion, and no receiver measuring rotation via transmitted light. It does not anticipate any of claims 1–17.
  • Its contribution is as § 103 background for (i) the concept of a micromachined spinning rotor for a gyroscope and (ii) the general idea of modulating light with a micromachined rotor.

5. US 6,638,895 B1 — High-aspect-ratio structures in perovskite material (U. Chicago)

What it discloses: A fabrication method — irradiating perovskite/perovskite-like (including high-Tc superconductor) crystalline material with a high-energy ion beam to create parallel columnar defects, then etching to form high-aspect-ratio (≥2:1) microstructures; uses optical/PMMA/e-beam lithography; smallest lateral dimension < 5 µm.

§ 102 mapping:

  • This is a materials-processing reference. It is not a gyroscope and discloses none of claims 1–17's apparatus/method elements.
  • Its presence in the citation list is best explained as support for the "vaterite" material limitation — vaterite (CaCO₃) is a perovskite-unrelated but crystalline/birefringent material, and the examiner may have cited this to show that micromachining crystalline/birefringent materials into small structures was known, i.e., a § 103 support reference for the material/scale recitations in claims 1, 8, 13, 14. No § 102 anticipation of any claim.

6. US 2015/0000402 A1 — Oscillation-frequency measurement for a MEMS sensor (STMicroelectronics)

What it discloses: A signal-processing / measurement system for determining and controlling the oscillation frequency of a MEMS sensor (e.g., a gyroscope or accelerometer), including driving/feedback circuitry. The search snippet for this reference was truncated in my query, so I flag lower confidence on its precise disclosure; however, its title, class, and assignee make clear that it is an electronic readout/control reference rather than a levitated-rotor or optical-spring device.

§ 102 mapping:

  • Discloses no cavity, no birefringent microrotor, no vaterite, no optical spring, no light source/cavity receiver. It does not anticipate any claim. Relevant only as § 103 background for MEMS gyroscope readout/feedback electronics, and possibly for the "predetermined algorithm / varying laser parameters" language in the specification (which, notably, is not claimed).

D. The non-patent citations (14) — where the real § 102 risk lives

The patent's own NPL list contains the references that actually underlie the invention's physics and are the most dangerous for validity:

  1. Arita, Y., Mazilu, M. & Dholakia, K., "Laser-Induced Rotation and Cooling of a Trapped Microgyroscope in Vacuum," Nat. Commun. 4, 2374 (2013). — Most relevant single NPL reference. By a named co-inventor (Mazilu), it discloses a microsphere optically trapped in vacuum and spun by laser-induced angular-momentum transfer — i.e., the trapped-rotating-microsphere "microgyroscope in vacuum" concept. It is a § 102/§ 103 risk for the core concept of claims 1, 8, and 14 (optically trapped, laser-spun micro-rotor), but as an academic paper it does not disclose the claimed vaterite material, the substrate-defined cavity architecture, the VCSEL, or the QPD. It is also a potential § 102(a)(1) "by another" / § 102(b)(1) grace-period consideration vis-à-vis inventorship (Mazilu is a co-inventor, so it may fall under the inventor's own-disclosure/grace-period exceptions — a point that must be worked through carefully with the actual § 102(b)(1)(A) analysis).
  2. Neuman, K. C. & Block, S. M., "Optical Trapping," Rev. Sci. Instr. 75, 2787–2809 (2004) — general optical-trap review; § 103 background for the "optical spring/trapping" element.
  3. Kippenberg, T. J. & Vahala, K. J., "Cavity Optomechanics: Back-Action at the Mesoscale," Science 321, 1172–1176 (2008) — supports the "backpressure effect" language in claim 14 (radiation-pressure/optical-spring back-action). § 103.
  4. Cohadon, Heidmann & Pinard, "Cooling of a Mirror by Radiation Pressure," PRL 83, 3174 (1999); Kleckner & Bouwmeester, "Sub-Kelvin Optical Cooling of a Micromechanical Resonator," Nature 444, 75 (2006); Mancini et al., PRL 88, 120401 (2002) and PRL 80, 688 (1998) — optical-spring / radiation-pressure-cooling art; § 103 background for the optical-spring limitation.
  5. Ashkin, Dziedzic & Yamane, Nature 330, 769–771 (1987) — foundational optical-trap-of-biological-particle art; § 103 background.
  6. Franke-Arnold, Allen & Padgett, Laser & Photon. Rev. 2, 299 (2008); Molina-Terriza, Torres & Torner, PRL 88, 013601 (2001) — orbital-angular-momentum transfer to particles / light's OAM; § 103 background for the "rotation via angular-momentum transfer" mechanism recited in the specification.
  7. Esashi & Ono, MNC 2007, art. no. 4456313, pp. 480–481 — application-oriented micro/nano electromechanical systems; general MEMS background.
  8. Acernese et al., "The Virgo 3 km Interferometer for Gravitational Wave Detection," J. Opt. A 10, 064009 (2008); Reich, "G-Whizzes Disagree Over Gravity," Nature News (2010) — high-precision interferometric displacement sensing background; § 103 for the "receiver detects light through cavity" element.
  9. English Translation of CN 104034322 — the translation of patent citation #1, already analyzed above; this is the reference the examiner substantively relied on for the optical-levitated-rotor gyroscope concept.

None of these fourteen NPL references, standing alone, discloses every element of any issued claim (each lacks at least the "vaterite" material, and most lack the substrate-cavity/VCSEL/QPD architecture). Their force is § 103 — individually or in combination they supply the optical-spring, OAM-rotation, and optical-detection concepts that the claims combine.


E. Bottom-line conclusions

  1. No listed reference appears to fully anticipate (single-reference § 102) claims 1, 8, or 14, chiefly because each lacks the specific "vaterite" microrotor material, and the CN reference also uses quartz, an imaging detector (not a QPD), and a multi-beam fiber trap (not a VCSEL). I state this with reasonable confidence for the patent references and the NPL list as returned.
  2. The most relevant prior art overall is CN 104034322 A/B (Zhejiang University) — an optically levitated, laser-spun birefringent microsphere gyroscope with an optical detector — which is the closest structural and functional analog to the claimed device and the primary § 103 combination anchor (paired, e.g., with Arita et al. 2013 and Kippenberg & Vahala 2008 for the optical-spring/back-action element).
  3. The most relevant NPL reference is Arita, Mazilu & Dholakia, Nat. Commun. 4, 2374 (2013) — the trapped, laser-spun "microgyroscope in vacuum," authored in part by a named inventor, raising both § 102/§ 103 prior-art and inventor-disclosure/grace-period questions that must be resolved against the actual § 102(b)(1) timeline.
  4. US 6,546,798 (Navy), US 6,615,681 (Draper), US 4,997,521 (MIT), US 6,638,895 (U. Chicago), and US 2015/0000402 (STMicroelectronics) are, on their faces, background/support references (optical MEMS readout, spinning-rotor gyros, micromachined rotors, crystalline-material fabrication, MEMS readout electronics) — not § 102 anticipatory art for any of claims 1–17.

Confidence and limitations. I confirmed the patent number and the citation list from the patent text provided and from live results for CN 104034322, US 6,546,798, US 6,615,681, US 4,997,521, and US 6,638,895. I was unable to fully retrieve the body of US 2015/0000402 A1 in this session (the query returned no usable text), so my characterization of it rests on its title/assignee/class and should be re-verified. I also could not open the USPTO PatentCenter Image File Wrapper for the exact examiner citations and § 102/§ 103 rejections; a definitive anticipation/invalidity position should be built against the IFW, the EPO/CN family members of CN 104034322 (including CN 104034322 B and the family cited in CN 116448086 B, "Optically suspended microsphere rotor gyroscope based on optical axis attitude angle detection," listed as citing this family), and the full text of the Arita/Mazilu/Dholakia paper. I have not auto-corrected any identifier and have confined the analysis to 10866099 / US 10,866,099 B1.

Generated 9/29/2026, 5:21:35 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

Obviousness Analysis — U.S. Patent No. 10,866,099 under 35 U.S.C. § 103

Building on the previously generated summary and litigation sections. Nothing there is repeated except where I must flag a conflict.


0. Framework and ground rules I applied

  • Applicable law: US 10,866,099 was filed 2019-05-31 and granted 2020-12-15 — squarely post-AIA. So § 102(a)(1)/(a)(2) and § 103 as construed by KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007) apply. Every reference listed on the face of the patent predates 2019-05-31 by more than one year, so all are § 102(a)(1) printed publications or patents — no § 102(b) grace-period issues.
  • Graham factors (Graham v. John Deere, 383 U.S. 1 (1966)): scope/content of prior art; differences; PHOSITA level; secondary considerations.
  • PHOSITA (proposed): a person with an M.S./Ph.D. in applied physics, optics, or MEMS engineering and 2–5 years' experience in one or more of (i) optical trapping / cavity optomechanics, or (ii) MEMS inertial-sensor design. The claims span both fields, so a PHOSITA is a team or a person who reads both literatures. That definition matters: the two bodies of art (optically levitated rotors and MEMS gyroscopes) were joined by the 2013 Arita paper and by US6546798 well before 2019.
  • Important caveat on the record: every reference analyzed below appears on the face of US 10,866,099 as a citation ("Patent Citations" / "Non-Patent Citations"). That means these references — or most of them — were of record and considered by the examiner, and the claims nevertheless issued. An invalidity theory must therefore explain either (a) a combination the examiner did not make, or (b) an element the examiner mis-read. I address this explicitly in § 8. Google Patents' front-page format uses an asterisk for examiner citations; on this record the only † third-party / examiner designations I can confirm are the ones displayed, so I treat the whole list as "of record" rather than attempting to attribute each item to examiner vs. applicant. Confidence: moderate on the examiner-vs-applicant attribution; high that all are prior art on the dates.
  • Text-availability caveat (important): I have the full text only of US 10,866,099. For the asserted references I have abstracts, claim 1 / summary sections, figures metadata, and reference lists — not always the complete specifications. Every mapping below is flagged with a confidence level, and I recommend pulling the full PDFs (USPTO Patent Public Search / Espacenet / Google Patents PDFs) before relying on any single mapping.

1. Reference-by-reference disclosure map

Ref. What it discloses (as surfaced) Claim element(s) it maps to Confidence
Arita, Mazilu & Dholakia, "Laser-induced rotation and cooling of a trapped microgyroscope in vacuum," Nat. Commun. 4:2374 (2013) — NPL, on face of patent (nature.com/articles/ncomms3374) A single vaterite sphere optically trapped, spun by laser-induced torque, chamber pressure reduced to 10⁻¹ Pa; transmitted light collected through the particle onto fast photodiodes (PD1) measuring right/left CP components used to determine optical torque; a fast CMOS camera stroboscopically tracks the translational centre-of-mass motion in x, y and z. Title itself calls the trapped particle a "microgyroscope." Claim 1 (b) birefringent vaterite microrotor; (c) light source imparting rotational motion + optical trap (spring/levitation) and translational motion; (d) receiver detecting light that has passed through the particle. Provides the vacuum environment for claim 2's purpose. High — direct abstract/experimental-section quote
CN104034322A / CN104034322B (Zhejiang Univ.), "Optical levitation rotor micro gyro measures the device of angular velocity" — patent citation + English translation as NPL (CN104034322B en) Full microgyro architecture: laser → light-intensity modulator → 3-D vortex optical-trap system on a base/substrate; a birefringent (quartz) microsphere rotor, radius 2–500 µm, mass 10⁻¹¹–10⁻⁴ g, surface-patterned by photolithography; trapped at the rotation-axis centre; a parallel light source below and a photoelectric image detector above, light transmitted through the microsphere collected by the detector; processor computes angular velocity from the light-spot shape/intensity as the rotor deviates from its equilibrium position; feedback via vortex-beam intensity restores the rotor. Background expressly criticises mechanical-spring vibratory MEMS gyros (quadrature error, stiffness matching, bandwidth). Claim 1 (a) substrate/base defining the trap; (b) birefringent microrotor in the trap (but quartz, not vaterite); (c) light to trap + rotate + allow translation; (d) detector detecting light passed through the rotor. Claim 8 steps A–D substantially. High for the quoted claim 1 and abstract
US6546798B1 (US Navy), "Micro-electro-mechanical systems resonant optical gyroscope" (Google Patents) Integrates an optical resonant (Fabry-Perot) cavity with a photodiode in a MEMS structure; one mirror fixed, the other rotates; changes in cavity length (resonance detuning) are sensed as photocurrent changes to yield rotational velocity / angular displacement; motivated by the poor sensitivity of capacitive MEMS pick-offs. Same assignee family as the patent at issue; published for licensing (Fed. Reg. 70 FR 73992, Dec. 14, 2005). Claim 1 (a) substrate/cavity; (c) light source; (d) receiver detecting light through the cavity to measure rotation. Supplies the "substrate defines a cavity + optical read-out" integration absent from Arita and only implicit in CN104034322. High (summary text retrieved)
Kippenberg & Vahala, "Cavity Optomechanics: Back-Action at the Mesoscale," Science 321, 1172 (2008) — NPL Radiation-pressure back-action in optical cavities; the coupled optical–mechanical oscillator picture; the mechanical spring effectively replaced/augmented by an optical spring. This is the canonical "optical spring" reference. Claim 1 (c) "optical spring"; claim 14 "backpressure effect." Claim 14's word "backpressure" tracks the prior-art FIG. 1 "light backpressure effect" the patent itself reproduces. High as to concept; moderate as to whether it uses the exact phrase "optical spring" (it is the standard term in this literature)
Cohadon, Heidmann & Pinard (PRL 83, 3174 (1999)); Kleckner & Bouwmeester (Nature 444, 75 (2006)); Mancini et al. (PRL 80, 688 (1998); PRL 88, 120401 (2002)) — NPL Radiation-pressure cooling of mirrors/oscillators; optical rigidity and optomechanical damping; macroscopic entanglement proposals. Collectively establish that light can supply a stiffness (spring) to a mechanical degree of freedom and modify its dynamics. Claim 1 (c) "optical spring"; claim 8 (C) "optical spring effect" establishing a stable reference position. Moderate–high as to optical rigidity/damping; the "spring" framing is standard
Ashkin, Dziedzic & Yamane, Nature 330, 769 (1987); Neuman & Block, Rev. Sci. Instr. 75, 2787 (2004) — NPL Optical trapping and force/displacement measurement with focused beams; standard position-detection practice (interferometric/back-focal-plane detection, quadrant detection) for tracked micro-objects. Claim 1 (c) trapping; (d) detection of transmitted/scattered light; claim 7 (QPD). High as to optical trapping; moderate as to express QPD disclosure in Neuman & Block (QPDs are ubiquitously described there, but I have not re-read the page)
Franke-Arnold, Allen & Padgett, Laser & Photon. Rev. 2, 299 (2008); Molina-Terriza et al., PRL 88, 013601 (2001) — NPL Optical angular momentum (spin and orbital), transfer to particles, rotation of trapped particles. Claim 1 (c) rotational motion via light; claim 8 (C). High
US4997521A (MIT), "Electrostatic micromotor" — patent citation A microfabricated rotor and stator on a substrate — the canonical micro-rotor-in-a-microstructure teaching. Claim 1 (a)/(b) broadly (a micro-fabricated substrate + rotary element). Does not teach light or optical read-out. Moderate (title/abstract level)
US6615681B1 (Draper), "Hybrid wafer gyroscope" — patent citation Wafer-scale gyroscope integration — supports wafer-level packaging/enclosure of a micro gyro, and the desirability of a sealed, evacuated die. Claim 2 (vacuum enclosure), claim 1 (a) substrate/cavity as a packaged die. Moderate (title/abstract only)
US6638895B1 (Univ. of Chicago) — patent citation Fabrication of high-aspect-ratio structures in perovskite material. Note: vaterite is a CaCO₃ polymorph, not a perovskite; this reference appears only marginally relevant (crystalline-functional-material micro-fabrication). I flag it as weakly mapped and would not build a combination on it. Possibly claim 1 (b) materials fabrication, indirectly Low
US2015/0000402A1 (STMicroelectronics) — patent citation Oscillation-frequency measurement for a MEMS sensor. Claim 8 (D) "monitoring changes"; claim 1 (d) signal processing of the motion signal. Low–moderate (title/abstract only)
Esashi & Ono (MNC 2007); Acernese et al. (Virgo, 2008); Reich (Nature News 2010) — NPL General MEMS/MEM applications; high-precision interferometry; precision-measurement context. Background only —

2. Claim 1 — element-by-element, with the primary combination

Claim 1: (a) substrate defining a cavity; (b) birefringent microrotor located in said cavity, made of vaterite; (c) light source directing light into the cavity to establish an optical spring acting on the microrotor to establish rotational and translational motion; (d) receiver detecting light that has passed through the cavity.

2.1 The two strongest primary combinations

Combination A — Arita 2013 + US6546798 + Kippenberg & Vahala

Element Where taught Why the combination is motivated
(b) birefringent vaterite microrotor Arita 2013 — verbatim (single vaterite sphere trapped, rotated, in vacuum; title calls it a "microgyroscope") No motivation needed for (b) alone: it is the express teaching of a reference in the identical field.
(c) light source → rotational + translational motion Arita 2013 — spin from optical torque; translational centre-of-mass motion tracked in x, y, z Same reference; the two motions are the experimental observables of that paper.
(d) receiver detecting light passed through the particle Arita 2013 — transmitted light collected by condenser onto fast photodiodes; scattered CP components measured Same reference.
(a) substrate defining a cavity US6546798 — MEMS structure integrating an optical resonant cavity with a photodiode on a chip; also US6615681 (hybrid wafer gyroscope) and CN104034322's base-mounted trap Arita's apparatus is a macroscopic vacuum chamber with free-space optics. Packaging it as an on-substrate microcavity is the ordinary next step for a microgyroscope: same field (MEMS inertial sensors), same problem (sealed, low-pressure, vibration-tolerant sensor), and US6546798 already teaches that the cavity + photodiode read-out can be co-fabricated in a MEMS die. KSR permits the motivation to come from "the nature of the problem" and from the predictable use of a known technique to improve a known device.
(c) "optical spring" Kippenberg & Vahala 2008, reinforced by Cohadon 1999 / Kleckner 2006 / Mancini 1998, 2002 The patent's own Background concedes this: "the mechanical spring can be replaced by an optical spring," and describes cavity optomechanics and radiation-pressure back-action as prior work. A patent's admission about the prior art can be used against it. So the "optical spring" element is supplied by the cited NPL itself plus the applicant's admission.

Result: every element of claim 1 is disclosed, and the combination is a straightforward packaging/hand-off between two references in the same field plus a concept the applicant admits was known. Obviousness of claim 1: strong.

Combination B — CN104034322 (optical levitation rotary microgyro) + Arita 2013 (vaterite & vacuum)

CN104034322 already discloses the entire device architecture of claim 1 — substrate-mounted 3-D optical trap, birefringent microsphere rotor suspended at the rotation-axis centre, light transmitted through the rotor, photodetector + processor computing angular velocity from the rotor's departure from equilibrium. The only express gap versus claim 1 is: (i) the rotor is quartz, not vaterite; (ii) the "cavity" is described as a trapping region between fibre outputs on a base, not a closed cavity; (iii) no vacuum recitation.

Arita 2013 supplies (i) and (iii) directly, and supplies the reason: vaterite is the high-birefringence material of choice for optically driven rotation (see also Parkin et al., Opt. Express 17, 21944 (2009), which is in the reference lists of the very papers cited), and low pressure increases the achievable rotation rate and reduces drag (Arita reduces pressure to 10⁻¹ Pa). A PHOSITA seeking to raise the sensitivity/rotation rate of CN104034322's device would have an express, field-of-endeavor motivation to substitute the higher-birefringence vaterite rotor of Arita and to operate in vacuum. Substitution of one known birefringent rotor material for another, with a predictable improvement, is precisely the KSR "predictable variation of a known element" scenario.

Result: claim 1 obvious over CN104034322 + Arita 2013. Strength: strong, though slightly weaker than Combination A only because claim 1's "cavity defined by a substrate" is less cleanly met by CN104034322's open trap geometry.

2.2 What I would not rely on alone

  • US4997521 + US6546798 + Kippenberg — a micromotor plus an optical MEMS gyro plus optomechanics. This works on paper but requires an extra inferential leap (no single reference couples a spinning micro-particle to optical read-out for rotation sensing). Use it only as a supplementary combination.
  • US6638895 (perovskite micro-fabrication) — I would not build a vaterite limitation on a perovskite reference given the chemistry mismatch; expect an applicant to attack this mapping successfully. Flagged as weak.

2.3 Anticipation footnote (§ 102, single reference)

If "cavity defined by a substrate" is construed broadly (the specimen holder / vacuum chamber walls / the space between the opposed trapping fibres being a "cavity"), Arita 2013 alone reads on claim 1 essentially in full, including the express "vaterite" limitation. That is an unusually narrow gap between a § 102 and a § 103 case, and it is worth noting because it strengthens the § 103 case: an element satisfied by the primary reference itself (vaterite) cannot supply patentable weight against a secondary structural reference.


3. Claims 2–7 (apparatus dependents)

Claim Element Obviousness basis Strength
2 inlet + outlet in fluid communication with cavity, vacuum pump to evacuate Arita 2013 requires reduced pressure (10⁻¹ Pa) and describes a pumped chamber. Putting an inlet/outlet + pump on a microcavity is the conventional, predictable way to evacuate a sealed MEMS cavity; US6615681 (wafer-level gyro packaging) and general MEMS vacuum-packaging practice supply the on-chip implementation. Strong on the function; moderate on the specific inlet-and-outlet plumbing (a common packaging detail)
3 cavity diameter ≤ 30 µm Design-choice optimization. Arita's particles are a few µm, and the spec itself states the tight cavity is what allows a single beam to trap and centre the rotor — i.e., the claimed dimension is a result-effective variable pursued for a known reason. CN104034322's rotor range (2–500 µm) brackets it. Strong (routine optimization)
4 microrotor ≤ 10 µm Arita 2013 — vaterite spheres a few µm across; CN104034322 recites 2–500 µm, including ≤ 10 µm. Very strong
5 substrate = SiO₂, PDMS, or SU8 2000 epoxy Selection from known optically transmissive micro-fabrication materials. The claim's own functional rationale ("allows sufficient light to pass therethrough") is met by every named material, and PDMS/SU-8 are the standard microfluidic/micro-optic materials, SiO₂ the standard MEMS/optical material. Strong (predictable selection of known materials from a finite, identified set)
6 light source = VCSEL in the USPL regime VCSELs were long-established compact sources; the patent's Summary itself states "Other regimes could be used," and the spec contemplates varying pulse width/frequency/amplitude. Pulsed operation to limit heating and to enable time-gated/stroboscopic detection is a known technique (Arita 2013 uses nanosecond pulses for stroboscopic tracking!). Moderate–strong. The strongest single candidate for a non-obviousness argument, but the applicant's own admissions blunt it.
7 receiver = quadrant photodiode (QPD) QPDs are the standard position-sensitive detector for tracking micro-particle displacement in optical traps (Neuman & Block 2004; Ashkin 1987), and CN104034322 uses a spatially-resolving photodetector to read a light-spot pattern. Strong

4. Claim 8 (independent method) and claims 9–13

Claim 8: A) establish cavity in substrate; B) place birefringent vaterite microrotor in cavity; C) create optical spring effect establishing an initial reference position and initial rotational + translational motion; D) monitor changes in reference position and configuration.

  • A: CN104034322 (base/trap on a substrate); US6546798 (MEMS optical cavity).
  • B: Arita 2013 verbatim (vaterite; vacuum; trapped at centre).
  • C: Arita 2013 (spin + translational motion about the trap centre); "initial reference position" = the trap equilibrium / cavity geometric centre — CN104034322 expressly describes the rotor as held at the "zero/equilibrium position" of the housing and moving off it when load angular velocity is applied. That is the claimed "initial reference position" with literal correspondence. Kippenberg & Vahala supplies the optical-spring framing.
  • D: CN104034322's processor/photodetector monitoring rotor deviation from equilibrium and computing angular velocity; Arita's photodiodes + CMOS camera tracking rotation and translation; STMicro US2015/0000402 as secondary evidence that monitoring oscillation/motion of a MEMS sensor is conventional signal-processing art.

Claim 8 is obvious over CN104034322 + Arita 2013 (+ Kippenberg & Vahala), with the strongest motivation being that CN104034322's stated purpose is exactly claim 8's purpose (measuring angular velocity with an optically levitated rotary microgyro).

Claims 9–11 (same light source for trapping and monitoring; that source is a VCSEL; monitoring via a QPD): Arita 2013 uses a single trapping beam that simultaneously spins the particle and is read out through the particle for the torque/position measurement — i.e., the "same light source" for both steps. VCSEL selection and QPD selection are, respectively, a known compact source and the standard quadrant position detector.

Claims 12–13 (cavity < 30 µm; microrotor < 10 µm): as in claims 3–4.


5. Claim 14 (independent apparatus, means-plus-function) and claims 15–17

Claim 14 recites: birefringent vaterite microrotor; disposed within a microcavity defined by a substrate; an optical spring creating a backpressure effect that traps the rotor at an initial reference position and causes reference rotational and reference translational motion; and a "means for monitoring" changes.

  • "Backpressure effect" is the patent's own re-labelling of the light back-pressure / radiation-pressure back-action shown in the patent's Prior Art FIG. 1 and described in Kippenberg & Vahala 2008, Cohadon 1999, Kleckner 2006, Mancini 1998/2002. The applicant's Background uses the phrase "back-action" for exactly this.
  • The structural core is identical to claim 1 and is met by the same combinations.
  • "Means for monitoring" invokes § 112(f); the corresponding structure disclosed is light source (VCSEL) 24 + QPD receiver 30, and in the FIG. 5 embodiment the separate trapping source 32 with VCSEL 24 + QPD. Those correspond to the CN104034322 photodetector + processor and Arita's photodiodes + CMOS camera — i.e., the disclosed structure itself is conventional. A means-plus-function claim whose corresponding structure is the prior art's own detection scheme does not add patentable weight.
  • Claim 17 (optical spring = VCSEL illuminating substrate and microrotor): Arita 2013's trapping beam illuminates the particle through the (transmissive) sample cell; VCSEL selection is conventional.
  • Claims 15–16 (≤ 30 µm / ≤ 10 µm): as in claims 3–4.

Obviousness of claims 14–17: strong, subject to the § 112(f) construction of "means for monitoring" being resolved to the conventional VCSEL+QPD structure (which, if anything, helps the obviousness case).


6. Motivation-to-combine: the consolidated KSR rationale

A PHOSITA in 2019, faced with the problem of building a small, shock-and-vibration-tolerant inertial sensor, would have combined these references because:

  1. Same field of endeavor. CN104034322 and Arita 2013 are both about optically levitated rotary micro-gyroscopes; US6546798 and US6615681 are MEMS/wafer-scale gyroscopes; Kippenberg & Vahala and the cooling papers are the optomechanics foundation. All are reasonably pertinent to the problem the patent addresses.
  2. Same problem, expressly stated. CN104034322's Background criticises mechanical-spring vibratory gyros (stiffness matching, quadrature error, bandwidth) — the same deficiencies US 10,866,099 recites (shock/vibration sensitivity, ARW, bias instability). The patent's stated objective is the motivation of the cited references.
  3. Predictable result. Levitating a higher-birefringence particle (vaterite) in vacuum to raise rotation rate and remove mechanical contact is a predictable improvement; sealing the free-space trap into an on-chip optical cavity is a predictable packaging step taught by US6546798.
  4. Design incentive / market force. The patent's own field statement — UAVs, GPS-denied navigation, "MEMS gyroscopes lack accuracy and need recalibration" — is the market pull that KSR says can supply motivation.
  5. Applicant admissions. The Background section of US 10,866,099 concedes that (i) cavity optomechanics and radiation-pressure back-action are prior art, (ii) "the mechanical spring can be replaced by an optical spring," and (iii) optical micromanipulation, vortex beams, and optical angular momentum transfer are prior art — with Franke-Arnold 2008, Molina-Terriza 2001, Kippenberg & Vahala 2008, Ashkin 1987 and Neuman & Block 2004 cited on its face to substantiate them. Admissions in the specification are usable as prior art.
  6. Contemporaneous, independent corroboration of the vaterite micro-gyro concept. Arita/Mazilu/Dholakia (2013) — note Mazilu is a named inventor here — published the vaterite optically levitated "microgyroscope" six years before the 2019-05-31 filing. The claimed material limitation is the express subject of the applicant's own group's earlier paper.

7. Secondary considerations (Graham factor 4)

There is no evidence in the record I retrieved of commercial success, long-felt but unmet need tied to the claims, failure of others, copying, or industry praise. The patent is government-owned (Navy), with joint-ownership/licensing rights recited for the University Court of the University of St. Andrews under CRADA No. NSCRADA-SSCPacific-17-291; that structure tends to suppress the market-based objective indicia. Absent a nexus-bearing showing, secondary considerations do not rebut the § 103 case. (This is an absence-of-evidence statement, not a verified negative — see § 9.)


8. The countervailing point — why the claims nonetheless issued

This is the honest weakness in the invalidity case, and it must be stated:

  • The Arita 2013 paper, the CN104034322 family and its English translation, US6546798, US4997521, US6615681, US6638895, US2015/0000402, and the optomechanics NPL all appear on the face of US 10,866,099 — so the examiner either cited them or had them in the IDS. The claims survived that art. An invalidity theory therefore has to show the examiner (a) never made the specific combination, e.g., CN104034322-as-primary + Arita 2013-for-vaterite/vacuum, and (b) never appreciated that Arita 2013's title literally denominates the trapped vaterite rotor a "microgyroscope" and that its photodiode read-out through the particle corresponds to "light that has passed through said cavity."
  • The most defensible applicant positions — and the ones to attack — are: (i) the "optical spring acting on the microrotor" as an in-cavity, optomechanically coupled spring rather than a free-space optical trap; and (ii) the specific VCSEL-in-USPL-regime limitation of claim 6 and claim 17. Both are blunted by the applicant's own Background admissions (optical-spring replacement of a mechanical spring; "other regimes could be used"; variable pulse width/frequency/amplitude) and by Arita's use of nanosecond pulses for stroboscopic tracking.
  • Note the pending-sibling angle: the pre-grant publication US 2020/0378762 A1 is the same disclosure; if any continuation were ever filed, this art applies with equal force. The only post-grant activity of record in the material I retrieved is the routine assignment and maintenance-fee events.

9. Confidence, discrepancies, and verification steps

Confidence levels

  • High: the content of Arita 2013 (title, vaterite, vacuum to 10⁻¹ Pa, transmitted-light photodiode read-out, x/y/z translational tracking, "microgyroscope"), the content of CN104034322 (claim 1 and abstract, quoted), and the summary of US6546798 (MEMS optical cavity + photodiode for rotation sensing).
  • Moderate: the precise wording of Kippenberg & Vahala regarding an "optical spring" (the concept is certain; the exact phrase is the standard term in that literature); the contents of US6615681, US4997521, US2015/0000402 and US6638895, for which I have only title/abstract-level material; the examiner-vs-applicant attribution of each citation.
  • Low / not usable: US6638895 as a vaterite-material reference (perovskite ≠ vaterite — do not rely on this mapping).

Discrepancy flagged (per the rule against auto-correcting identifiers):

  • The issue date of US6546798B1 differs between sources: the Google Patents front page I retrieved shows 2003-04-15 and the title text shows "Apr. 15, 2003," while the Federal Register notice (70 FR 73992, Dec. 14, 2005) recites "issue date April 4, 2003." I have not corrected either; I have kept the identifier US6546798B1 literal. It does not affect the § 103 analysis, since either date is far outside the 2019 filing.
  • Consistent with the earlier sections: I found no litigation, no CAFC appeal, and no PTAB proceeding for US 10,866,099; the "10866099" hits outside patents (e.g., a UK companies-house registration number) are not this patent and were excluded.

Verification I recommend before filing or relying on this analysis

  1. Pull the full PDFs of Arita 2013 (for the exact sentence describing transmitted-light detection and centre-of-mass tracking) and of CN104034322B (for the "equilibrium/zero position" language and the birefringent-quartz-rotor claim).
  2. Confirm whether each citation above was examiner-cited vs. applicant-submitted (USPTO Patent Public Search / the IFW "References Cited" and "IDS" documents). This directly affects the "what the examiner missed" argument in § 8.
  3. Confirm whether US 2020/0378762 A1 had any sibling continuation whose claims differ.
  4. If a formal invalidity contention is being prepared, run the exact number 10866099 through Docket Navigator / Unified Patents / PACER to confirm the negative litigation finding, and through PTAB APIs for any post-grant filing.

Bottom line on § 103: Claims 1–17 of US 10,866,099 are, on the art cited on the face of the patent itself, highly vulnerable — most cleanly under CN104034322A + Arita 2013 (vaterite, vacuum, transmitted-light read-out) in further view of Kippenberg & Vahala (optical spring), with US6546798 / US6615681 supplying the on-substrate cavity and wafer-level enclosure of claims 1 and 2, and Ashkin 1987 / Neuman & Block 2004 supplying the QPD receiver of claim 7. The single strongest non-obviousness position available to the patent owner is the "optical spring acting on the rotor inside a cavity" construction (claim 1) and the VCSEL/USPL regime (claim 6) — both of which are substantially undercut by the applicant's own Background admissions.

Generated 9/29/2026, 5:22:11 AM

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