Prosecution Insights
Last updated: April 19, 2026
Application No. 17/478,674

PHASE STRUCTURE ON SURFACE-RELIEF GRATING-BASED WAVEGUIDE DISPLAY

Non-Final OA §DP
Filed
Sep 17, 2021
Examiner
LAMB II, CHRISTOPHER A
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Meta Platforms Technologies, LLC
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
334 granted / 471 resolved
+2.9% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
39 currently pending
Career history
510
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 471 resolved cases

Office Action

§DP
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 10/20/2025 has been entered. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No.US 11,885,967. Although the claims at issue are not identical, they are not patentably distinct from each other because: Regarding Claim 1, US Patent ‘967 teaches a waveguide display comprising (Column 42; Line 44): a substrate transparent to visible light (Column 42; Line 46); a first surface-relief grating on the substrate and configured to couple visible display light into or out of the substrate, wherein the first surface-relief grating is characterized by a polarization-dependent diffraction efficiency (Column 42; Lines 48-56); and a phase structure on the substrate and configured to change a polarization state of the visible display light that is guided by the substrate and is reflected back to the substrate at the phase structure, after or before the visible display light reaches the first surface-relief gratings wherein the phase structure comprises a subwavelength structure and an overcoat layer (Column 42; Lines 57-65), and wherein a difference between a refractive index of the substrate and an effective refractive index of the phase structure including the subwavelength structure and the overcoat layer is less than 0.35 (Column 43; Lines 15-19). Regarding Claim 17, US Patent ‘967 teaches a waveguide display comprising (Column 44; Line 1): a substrate transparent to visible light (Column 42; Line 46) a first surface-relief grating on a first surface of the substrate and configured to couple visible display light into the substrate such that the visible display light propagates within the substrate through total internal reflection, wherein the first surface-relief grating is characterized by a polarization-dependent diffraction efficiency (Column 42; Lines 48-56); and a phase structure on a second surface of the substrate opposing the first surface, the phase structure configured to change a polarization state of the visible display light that is coupled into and guided by the substrate and is reflected back to the substrate at the phase structure (Column 42; Lines 57-65), wherein the phase structure includes a subwavelength structure and an overcoat layer, and wherein a difference between a refractive index of the substrate and an effective refractive index of the phase structure including the subwavelength structure and the overcoat layer is less than 0.35 (Column 43; Lines 15-19). Claims 2-4, 6-7, 9, 12-16, 18 and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. US 11,885,967 in view of Woltman et al (US 2017/0131546; hereinafter referred to as Woltman). Regarding Claim 2, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure comprises a waveplate. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) comprises a waveplate (see Paragraph [0066]-[0067]; wherein the LCP coating 702 is capable of inducing spatially-dependent polarization changes and is thereby inherently considered a waveplate). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure comprises a waveplate, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 3, US Patent ‘967 as modified by Woltman discloses the limitations of claim 2 as detailed above. Woltman further discloses the waveplate (Figure 7; LCP Coating 702) is characterized by a waveplate thickness between zero and one wavelength (see Paragraph [0071]; wherein it is disclosed that the thickness of the LCP coating 702 is within a range of about 100 nm to 1500 nm). Regarding Claim 4, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure comprises a layer of a birefringent material. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) comprises a layer of a birefringent material (see Paragraph [0067]; wherein it is disclosed that the LCP coating 702 is an optically anisotropic and birefringent material). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure comprises a layer of a birefringent material, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 6, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the subwavelength structure is etched in the substrate. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the subwavelength structure is etched in the substrate (see Paragraph [0073]; wherein it is disclosed that LCP coating 702 can be patterned with a defined orientation throughout the coating. Patterning of the molecules can occur in any dimension of the LCP coating, and could also be uniform or completely random. The thickness of the LCP coating could vary from very thin (˜100 nm) to very thick (>1 μm), as mentioned above. The LCP coating can be patterned using photoalignment layers or other liquid crystal alignment techniques, such as, but is not limited to, rubbed polyimides, physical relief structures on a glass surface, monolayer coatings, etc). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the subwavelength structure is etched in the substrate, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 7, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the subwavelength structure is etched in a material layer formed on the substrate. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the subwavelength structure is etched in a material layer formed on the substrate (see Paragraph [0073]; wherein it is disclosed that LCP coating 702 can be patterned with a defined orientation throughout the coating. Patterning of the molecules can occur in any dimension of the LCP coating, and could also be uniform or completely random. The thickness of the LCP coating could vary from very thin (˜100 nm) to very thick (>1 μm), as mentioned above. The LCP coating can be patterned using photoalignment layers or other liquid crystal alignment techniques, such as, but is not limited to, rubbed polyimides, physical relief structures on a glass surface, monolayer coatings, etc). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the subwavelength structure is etched in a material layer formed on the substrate, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 9, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose a second surface-relief grating on the phase structure, wherein the phase structure is between the substrate and the second surface-relief grating. Woltman discloses a second surface-relief grating (Figure 7; Output Coupler 116) on the phase structure (Figure 7; LCP Coating 702), the second surface-relief grating (Figure 7; Output Coupler 116) is between the substrate (Figure 7; Substrate 106) and the phase structure (see Paragraph [0069]; wherein it is disclosed that the output coupler 116 may be disposed within the substrate 106 such that the output coupler 116 is between the LCP coating 702 and major planar surface 110 of substrate 106). US Patent ‘967 as modified by Woltman does not expressly disclose that the phase structure is between the substrate and the second surface-relief grating. However, Paragraphs [0069]-[0070] of Woltman describe extreme flexibility in the relative location and size of the LCP coating 702 with respect to the location of components 112, 114 and 116 such that one of ordinary skill in the art would have found it obvious to try the claimed arrangement of components. Additionally, the Applicant has not stated that any long standing or stated problem in the art is solved by providing the phase structure between the substrate and the second surface-relief grating. Therefore, absent any showing of criticality, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 to provide the phase structure between the substrate and the second surface-relief grating or the second surface-relief grating between the substrate and the phase structure as it appears the invention would perform equally well (functionally equivalent) with either configuration. Regarding Claim 12, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose a second surface-relief grating between the substrate and the phase structure. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein a second surface-relief grating (Figure 7; Output Coupler 116) between the substrate (Figure 7; Substrate 106) and the phase structure (see Paragraph [0069]; wherein it is disclosed that the output coupler 116 may be disposed within the substrate 106 such that the output coupler 116 is between the LCP coating 702 and major planar surface 110 of substrate 106). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 to include a second surface-relief grating between the substrate and the phase structure, as taught by Woltman, because doing so would ensure a substantially uniform intensity distribution in the light that exits a waveguide (see Woltman Paragraph [0061]). Regarding Claim 13, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose the first surface-relief grating is on a first surface of the substrate and is configured to couple the visible display light into the substrate; and the phase structure is on a second surface of the substrate opposing the first surface and is configured to change the polarization state of the visible display light coupled into the substrate. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is on a first surface (Figure 7; Major Planar Surface 110) of the substrate (see Figure 7; wherein the input-coupler 112 is on the major planar surface 110) and is configured to couple the visible display light into the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide); and the phase structure (Figure 7; LCP Coating 702) is on a second surface (Figure 7; Major Planar Surface 108) of the substrate (Figure 7; Substrate 106) opposing the first surface (Figure 7; Major Planar Surface 110) and is configured to change the polarization state of the visible display light coupled into the substrate (see Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the first surface-relief grating is on a first surface of the substrate and is configured to couple the visible display light into the substrate; and the phase structure is on a second surface of the substrate opposing the first surface and is configured to change the polarization state of the visible display light coupled into the substrate, as taught by Woltman, because doing so would help provide a heterogeneous polarity distribution of light traveling within and eventually exiting the waveguide (see Woltman Paragraph [0072]). Regarding Claim 14, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure is in selected regions of the substrate. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) is in selected regions of the substrate (see Paragraph [0070]; wherein it is disclosed that the LCP coating 702 can cover a portion of a major planar surface that spatially overlaps (in the x and y directions) the entire input-coupler 112 (or overlaps just a portion of the input-coupler 112), a portion of a major planar surface that spatially overlaps the entire intermediate-component 114 (or overlaps just a portion of the intermediate-component 114), and/or a portion of a major planar surface that spatially overlaps the entire output-coupler 116 (or overlaps just a portion of the output-coupler 116)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure is in selected regions of the substrate, as taught by Woltman, because doing so would help provide a heterogeneous polarity distribution of light traveling within and eventually exiting the waveguide (see Woltman Paragraph [0072]). Regarding Claim 15, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure is characterized by a spatially varying phase retardation across different regions of the phase structure. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) is characterized by a spatially varying phase retardation across different regions of the phase structure (see Paragraph [0073]; wherein it is disclosed that the patterning of the molecules can occur in any dimension of the LCP coating, and could also be uniform or completely random. The thickness of the LCP coating could vary from very thin (˜100 nm) to very thick (>1 μm), as mentioned above. The LCP coating can be patterned using photoalignment layers or other liquid crystal alignment techniques, such as, but is not limited to, rubbed polyimides, physical relief structures on a glass surface, monolayer coatings, etc. The properties of the LCP coating that can be tuned include, but are not limited, the coating thickness, extraordinary and ordinary indices of refraction, liquid crystal angles, periodicity in any dimension of patterning, directionality of patterning relative to surface relief gratings, sharpness of features between patterned and non-patterned area of liquid crystal, etc). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure is characterized by a spatially varying phase retardation across different regions of the phase structure, as taught by Woltman, because doing so would help provide a heterogeneous polarity distribution of light traveling within and eventually exiting the waveguide (see Woltman Paragraph [0072]). Regarding Claim 16, US Patent ‘967 teaches the limitations of claim 1 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure is configured to convert s-polarized light to p-polarized light, convert p-polarized light to s-polarized light, convert linearly polarized light to circularly polarized light, or convert circularly polarized light to linearly polarized light. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on the substrate (Figure 7; Substrate 106) and configured to couple visible display light into or out of the substrate (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on the substrate (Figure 7; Substrate 106) and configured to change a polarization state of the visible display light that is guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure, after or before the visible display light reaches the first surface-relief grating (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) is configured to convert s-polarized light to p-polarized light, convert p-polarized light to s-polarized light, convert linearly polarized light to circularly polarized light, or convert circularly polarized light to linearly polarized light (see Paragraphs [0058] and [0067]; wherein it is disclosed that the when light propagates through the LCP coating the polarization state is changed and two beams of light that would otherwise destructively interfere (without the LCP coating) will no longer destructively interfere, because the polarization of a beam following one path is rotated by 90 degrees relative to a beam following the other path). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure is configured to convert s-polarized light to p-polarized light, convert p-polarized light to s-polarized light, convert linearly polarized light to circularly polarized light, or convert circularly polarized light to linearly polarized light, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 18, US Patent ‘967 teaches the limitations of claim 17 as detailed above. US Patent ‘967 does not expressly disclose that the phase structure includes: a layer of a birefringent material; or a subwavelength structure formed in an isotropic material or the birefringent material. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on a first surface (Figure 7; Major Planar Surface 110) of the substrate (Figure 7; Substrate 106) and configured to couple visible display light into the substrate (Figure 7; Substrate 106) such that the visible display light propagates within the substrate (Figure 7; Substrate 106) through total internal reflection (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on a second surface (Figure 7; Major Planar Surface 108) of the substrate (Figure 7; Substrate 106) opposing the first surface (see Figure 7), the phase structure (Figure 7; LCP Coating 702) configured to change a polarization state of the visible display light that is coupled into and guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein the phase structure (Figure 7; LCP Coating 702) includes: a layer of a birefringent material; or a subwavelength structure formed in an isotropic material or the birefringent material (see Paragraph [0067]; wherein it is disclosed that the LCP coating 702 is an optically anisotropic and birefringent material). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the waveguide display of US Patent ‘967 such that the phase structure includes: a layer of a birefringent material; or a subwavelength structure formed in an isotropic material or the birefringent material, as taught by Woltman, because doing so would provide more heterogeneous polarization while also providing a more uniform pupil distribution (see Woltman Paragraphs [0066]-[0067]). Regarding Claim 20, US Patent ‘967 teaches the limitations of claim 17 as detailed above. US Patent ‘967 does not expressly disclose a second surface-relief grating on the phase structure, wherein the phase structure is between the substrate and the second surface-relief grating or the second surface-relief grating is between the substrate and the phase structure. Woltman discloses a waveguide display (Figure 7; Waveguide 700) comprising: a substrate (Figure 7; Substrate 106) transparent to visible light (see Paragraphs [0019]-[0020]); a first surface-relief grating (Figure 7; Input-Coupler 112) on a first surface (Figure 7; Major Planar Surface 110) of the substrate (Figure 7; Substrate 106) and configured to couple visible display light into the substrate (Figure 7; Substrate 106) such that the visible display light propagates within the substrate (Figure 7; Substrate 106) through total internal reflection (see Figure 7 and Paragraph [0019]; wherein it is disclosed that the input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide), wherein the first surface-relief grating (Figure 7; Input-Coupler 112) is characterized by a polarization-dependent diffraction efficiency (see Paragraph [0027] and [0051]; wherein it is disclosed that the input-coupler 112 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Similarly, the output-coupler 116 can alternatively be implemented as a prism, a reflective polarizer or can be mirror based. Depending upon the specific configuration and implementation, any one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be reflective, diffractive or refractive, or a combination thereof, and can be implemented, e.g., as a linear grating type of coupler, a holographic grating type of coupler, a prism or another type of optical coupler and that the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency); and a phase structure (Figure 7; LCP Coating 702) on a second surface (Figure 7; Major Planar Surface 108) of the substrate (Figure 7; Substrate 106) opposing the first surface (see Figure 7), the phase structure (Figure 7; LCP Coating 702) configured to change a polarization state of the visible display light that is coupled into and guided by the substrate (Figure 7; Substrate 106) and is reflected back to the substrate (Figure 7; Substrate 106) at the phase structure (see Figure 7 and Paragraph [0066]; wherein it is disclosed that the LCP coating 702 will induce spatially-dependent polarization changes in beams of light that are incident on the LCP coating 702 while traveling through the bulk-substrate 106 of the waveguide 100 by means of TIR), wherein a second surface- relief grating (Figure 7; Output Coupler 116) on the phase structure (Figure 7; LCP Coating 702), wherein the phase structure is between the substrate and the second surface-relief grating or the second surface-relief grating (Figure
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Prosecution Timeline

Sep 17, 2021
Application Filed
Sep 05, 2024
Non-Final Rejection — §DP
Nov 25, 2024
Interview Requested
Dec 04, 2024
Applicant Interview (Telephonic)
Dec 12, 2024
Response Filed
Dec 15, 2024
Examiner Interview Summary
Mar 21, 2025
Final Rejection — §DP
Jul 25, 2025
Response after Non-Final Action
Oct 20, 2025
Request for Continued Examination
Oct 29, 2025
Response after Non-Final Action
Nov 15, 2025
Non-Final Rejection — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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2y 9m
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