Prosecution Insights
Last updated: July 17, 2026
Application No. 17/704,458

CONFORMABLE ELECTRODES WITH LOW CONSPICUITY

Final Rejection §103
Filed
Mar 25, 2022
Priority
Apr 29, 2021 — provisional 63/181,370
Examiner
WASHINGTON, TAMARA Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Meta Platforms Technologies LLC
OA Round
4 (Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
476 granted / 584 resolved
+13.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
67.2%
+27.2% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 584 resolved cases

Office Action

§103
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/05/2025 has been entered. Information Disclosure Statement Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 10/25/2025. An initialed copy is attached to this Office Action. Response to Amendment The amendment to Claim(s) 1, 18 and 20, filed 12/18/2025, is acknowledged and accepted. Response to Arguments Applicant’s arguments, see Pages 7-11, filed 12/18/2025, with respect to the rejection(s) of Claim(s) 1-20 under 35 USC § 103 have been considered but are moot because the Applicant is arguing newly amended claims, filed 12/18/2025, not the Final Rejection filed 12/18/18/2025. Newly amended claims are examined below. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-7, 9-11, 15, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al., (hereafter Shim) (US 2020/0225474 A1), of record, in further view of Rogers et al., (hereafter Rogers) (US 2015/0380355 A1), of record, O'Malley et al., (hereafter O'Malley) (WO 2019/226733 A1), Choi et al., (hereafter Choi) (US 2016/0235341 A1), of record, and Frosien et al., (Frosien hereafter) (US 2018/0158642 A1). With respect to Claim 1, Shim teaches an apparatus (100, Figure 1A) comprising: a display (151, Figure 1A); an optical configuration configured to provide an image (¶[0042]) of the display (151, Figure 1A); and a controller (180, Figure 1A), wherein: the optical configuration comprises a lens (131, Figure 3c) having a lens surface (131a, Figure 3c); the lens surface supports an electrical component (131b, Figure 3c) and at least one electrode (131e, Figure 3c); and the controller (180, Figure 1A) is in electrical communication with the electrical component (131b, Figure 3c) through the electrode (131e, Figure 3c). Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Shim in view of Rogers fail to teach an electrical component and at least one electrode are directly disposed on the lens surface. O'Malley teaches an electrowetting device (title and abstract) comprising an electrical component (52, Figure 9B) and at least one electrode (22a, 22b, 22c, 22d, Figure 8A; see also ¶[0052] and ¶[0063]) are directly disposed (electrodes may at least partially or completely surround the raised portion 40 of a liquid lens 10, ¶[0052]) on the lens surface (surface of 10, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers having the apparatus with the teachings of O'Malley having the direct contact of an electrical device and an electrode for the purpose of electrically addressing optical computer interconnects. Shim in view of Rogers and O'Malley fail to teach the controller is in electrical communication with the electrical component, such that the electrical component is configured to transmit and receive data through the electrode. Choi teaches an electronic device and method for measuring information (title and abstract) wherein the controller (280, Figure 2) is in electrical communication with the electrical component (220, Figure 2), such that the electrical component (220, Figure 2) is configured to transmit and receive data (biometric information, ¶[0085]) through the at least one electrode (one of the electrodes in the electrode array, ¶[0085]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers and O'Malley having the apparatus with the teachings of Choi having the controller in electrical communication with the electrical component, such that the electrical component is configured to transmit and receive data through the electrode for the purpose of analyzing the data received for gathering a result. Shim in view of Rogers, O'Malley and Choi fail to teach an electrical component and at least one electrode are located within an aperture of the lens. Frosien teaches a charged particle beam device (Figure 1 and ¶[0023]) comprising an electrical component (112, Figure 1) and at least one electrode (199, Figure 1) are located within an aperture of the lens (113 is a multi-aperture lens plate, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers, O'Malley and Choi having the apparatus with the teachings of Frosien having an electrical component and at least one electrode located within an aperture of the lens for the purpose of controlling the amount of voltage between elements, ¶[0023]. With respect to Claim 2, Shim teaches the apparatus of claim 1 and the electrode (131e, Figure 3c). Shim fails to teach wherein the serpentine electrode has an approximately sinusoidal shape. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]) and has an approximately sinusoidal shape (Fractal-based geometries/ serpentine geometries, (see Figures 3 and 19; see also ¶[0114]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. With respect to Claim 3, Shim teaches the apparatus of claim 1 and the electrode. Shim fails to teach wherein the serpentine electrode comprises at least one of a metal, a transparent conductive oxide, graphene, or an electrically conductive polymer. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]), wherein the serpentine electrode comprises at least one of a metal, a transparent conductive oxide, (stretchable electrode array is substantially transparent, ¶[0039]), graphene (¶[0153]), or an electrically conductive polymer. Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes comprises at least one of a metal, a transparent conductive oxide, graphene, or an electrically conductive polymer for the purpose of With respect to Claim 4, the apparatus of claim 1, wherein: the lens surface (131a, Figure 3c) supports a first electrode (1st of the pair of 131e, Figure 3c) and a second electrode (2nd of the pair of 131e, Figure 3c); the electrical component (131b, Figure 3c) has a first terminal in electrical communication with the first electrode (1st of the pair of 131e, Figure 3c); and the electrical component (131b, Figure 3c) has a second terminal in electrical communication with the second electrode (2nd of the pair of 131e, Figure 3c). Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. With respect to Claim 5, Shim further teaches wherein the apparatus is configured so that the image (¶[0042]) of the display (151, Figure 1A) is formed from light (light from 155e and 155f, Figure 6A) from the display (151, Figure 1A) that passes through the lens surface (131a, Figure 3c). With respect to Claim 6, Shim further teaches wherein the electrical component (131b, Figure 3c) comprises a light source (155e and 155f, Figure 6A). With respect to Claim 7, Shim further teaches wherein the controller (180, Figure 1A) is configured to energize (155e and 155f are turned on and the controller 180, ¶[0088]]) the light source (155e and 155f, Figure 6A) using an electrical signal (¶[0098]) provided through the at least one electrode (131e, Figure 3c). Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Shim in view of Rogers fail to teach an electrical signal through the at least one electrode to energize the light source. Kress teaches a Head Mounted Display ("HMD") including a display module, an optical combiner, control circuitry, and a lens (abstract) wherein an electrical signal (voltage, ¶[0027]) through the at least one electrode (247, Figure 2A) to energize the light source (display light, ¶[0027]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers having the apparatus with the teachings of Kress having an electrical signal through the at least one electrode to energize the light source for the purpose of effecting the refractive index encountered by display light, (¶[0027]). With respect to Claim 9, Shim further teaches wherein: the apparatus comprises an eye-tracking subsystem (control method on the basis of a gesture, ¶[0109]), the eye-tracking subsystem comprises the light source (155e and 155f, Figure 6A) and a sensor (140, Figure 1A; see also ¶[0038]-[0039]); and the sensor (140, Figure 1A) is configured to provide a sensor signal (information g1,¶[0110]) to the controller (180, Figure 1A). With respect to Claim 10, Shim further teaches wherein the controller (180, Figure 1A) is further configured to determine a gaze direction (pupil recognition sensor and gesture sensory, ¶[0109]) based on the sensor signal (information g1,¶[0110]). With respect to Claim 11, Shim teaches the apparatus of claim 1, wherein: the lens (131, Figure 3c) is an adjustable lens (131 has a first material, 131a, which is deformed to be convex and flat, ¶[0071]-[0072]) comprising an elastic membrane (131a, which is deformed to be convex and flat, ¶[0071]-[0072]; Examiner has interpreted “the ability to be deformed” to mean elastic); and the electrode (131e, Figure 3c) is supported by the elastic membrane (131a, which is deformed to be convex and flat, ¶[0071]-[0072]). Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. With respect to Claim 15, Shim further teaches wherein: the image (¶[0042]) of the display (151, Figure 1A) is formed by light emitted by the display (151, Figure 1A) that passes through the lens surface (131a, Figure 3c). With respect to Claim 16, Shim further teaches wherein: the apparatus comprises a head-mounted device (101, Figure 1A); and the image (¶[0042]) of the display (151, Figure 1A) is viewable by a user (user input unit, 123, Figure 1A, implies user) of the apparatus (100, Figure 1A) when the user wears the head-mounted device (101, Figure 1A). With respect to Claim 21, Shim teaches the apparatus of claim 1 and one electrode (131e, Figure 3c). Shim fails to teach a serpentine electrode and wherein serpentine electrode has a sinusoidal shape having serpentine oscillations of varying pitch and varying amplitude. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]) a sinusoidal shape having serpentine oscillations of varying pitch and varying amplitude (see Serpentine Patterns in Figure 19). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Claim(s) 8, and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shim (US 2020/0225474 A1), of record, in view of Rogers (US 2015/0380355 A1), of record, O'Malley (WO 2019/226733 A1), of record, Choi (US 2016/0235341 A1), of record, and Frosien (US 2018/0158642 A1), as applied to Claims 6 and 11 above, and in further view of Yamada et al., (hereafter Yamada) (US 2021/0063786 A1), of record. With respect to Claim 8, Shim in view of Rogers, O'Malley, Choi and Frosien (Modified Shim, hereafter) teach the apparatus of claim 6 and the light source (155e and 155f, Figure 6A, of Shim). Modified Shim fails to teach wherein the light source comprises a laser. Yamada teach an optical device (Figure 13) wherein the light source comprises a laser (¶[0104]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Modified Shim having the apparatus with the teachings of Yamada having the laser light source for the purpose of creating a focal change in the lens' hydrophilicity, so it doesn't change the surface of the lens (well-known in the art). With respect to Claim 12, Shim in view of O'Malley, Choi and Frosien teach the apparatus of claim 11, the electrical component (131b, Figure 3c, of Shim); the controller (180, Figure 1A, of Shim) is configured to adjust an optical power (focal length, ¶[0052], of Shim) of the lens (131, Figure 3c, of Shim) by providing an electrical signal (¶[0098], of Shim) through the electrode (131e, Figure 3c, of Shim). Shim in view of O'Malley, Choi and Frosien fail to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of O'Malley, Choi and Frosien having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Modified Shim fails to teach an electroactive element. Yamada teaches a lens that is shifted by expansion or contraction (Figures 1A and 1B) comprising an electroactive element (polymer layer 11, Figures 1A and 1B; see also ¶[0048]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Modified Shim having the apparatus with the teachings of Yamada having the electroactive element for the purpose of elasticity of a material when an electrical signal is applied, ¶[0048]. With respect to Claim 13, Modified Shim teach the apparatus of claim 12 and the controller (180, Figure 1A, of Shim). Modified Shim fail to teach a control signal applied to the electroactive element, the control signal inducing an electrostriction in the electroactive element. Yamada teaches a lens that is shifted by expansion or contraction (Figures 1A and 1B) comprising an electroactive element (polymer layer 11, Figures 1A and 1B; see also ¶[0048]); a control signal (voltage, ¶[0047]) applied to the electroactive element (polymer layer 11, Figures 1A and 1B), the control signal (voltage, ¶[0047]) inducing an electrostriction (¶[0048] and [0062]) in the electroactive element (polymer layer 11, Figures 1A and 1B). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Modified Shim having the apparatus with the teachings of Yamada having a control signal applied to the electroactive element, the control signal inducing an electrostriction in the electroactive element for the purpose of focus adjustment, ¶[0011]. With respect to Claim 14, Modified Shim teach the apparatus of claim 12 and the elastic membrane (131a, which is deformed to be convex and flat, ¶[0071]-[0072], of Shim). Modified Shim fail to teach wherein the electroactive element comprises an electroactive polymer layer. Yamada teaches a lens that is shifted by expansion or contraction (Figures 1A and 1B) comprising an electroactive element (polymer layer 11, Figures 1A and 1B; see also ¶[0048]) comprises an electroactive polymer layer (polymer layer 11, Figures 1A and 1B; see also ¶[0048]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Modified Shim having the apparatus with the teachings of Yamada having the electroactive element comprises an electroactive polymer layer and, therefore, disposing the polymer layer on the elastic membrane, for the purpose of focus adjustment, ¶[0011]. Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al., (hereafter Shim) (US 2020/0225474 A1), of record, in further view of Rogers et al., (hereafter Rogers) (US 2015/0380355 A1), of record, O'Malley (WO 2019/226733 A1), of record, and in further view of Frosien (US 2018/0158642 A1). With respect to Claim 18, Shim teaches a method, comprising: forming at least one electrode (131e, Figure 3c); locating a light source (155e and 155f, Figure 6A), the light source (155e and 155f, Figure 6A) being in electrical communication with the at least one electrode (131e, Figure 3c). Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Shim in view of Rogers fail to teach the light source is configured to transmit and receive data through the at least one serpentine electrode. O'Malley teaches an electrowetting device (title and abstract) comprising the light source (30, Figure 4) configured to transmit and receive data (see ¶[0054]) through the at least one electrode (22a, 22b, 22c, 22d, Figure 8A; see also ¶[0052] and ¶[0063]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers having the apparatus with the teachings of O'Malley having the light source configured to transmit and receive data through the at least one electrode for the purpose of electrically addressing optical computer interconnects. Shim in view of Rogers, and O'Malley fail to teach forming at least one serpentine electrode within an aperture of a lens; locating a light source within an aperture of the lens. Frosien teaches a charged particle beam device (Figure 1 and ¶[0023]) comprising forming at least one electrode (199, Figure 1) within an aperture of the lens (113 is a multi-aperture lens plate, Figure 1); locating a light source (111, Figure 1) within an aperture of the lens (113 is a multi-aperture lens plate, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers, O'Malley and Choi having the apparatus with the teachings of Frosien having an electrical component and at least one electrode located within an aperture of the lens for the purpose of controlling the amount of voltage between elements, ¶[0023]. With respect to Claim 19, Shim teaches the method of claim 18, wherein: the light source (155e and 155f, Figure 6A) and the electrode (131e, Figure 3c). Shim fails to teach the light source is a laser; and the serpentine electrode has a sinusoidally-shaped electrode portion. Rogers teaches the light source is a laser (¶[0036]); stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]) and has a sinusoidally-shaped electrode portion (see Figures 3 and 19; see also ¶[0114]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shim et al., (hereafter Shim) (US 2020/0225474 A1), of record, in view of Rogers (US 2015/0380355 A1), of record, O'Malley (WO 2019/226733 A1), and Yamada (US 2021/0063786 A1), of record, and in further view of Frosien (US 2018/0158642 A1). With respect to Claim 20, Shim teaches a method comprising: applying an electrical signal (¶[0098]) to an elastic membrane (131a, which is deformed to be convex and flat, ¶[0071]-[0072]; Examiner takes the ability to be deformed as elastic) of an adjustable lens (131 has a first material, 131a, which is deformed to be convex and flat, ¶[0071]-[0072]) using an element (electrode 131e, Figure 3c) on the elastic membrane (131a, which is deformed to be convex and flat, ¶[0071]-[0072]) to adjust an optical power (focal length, ¶[0052]) of the lens (131, Figure 3c) of the adjustable lens (131 has a first material, 131a, which is deformed to be convex and flat, ¶[0071]-[0072]). Shim fails to teach an electroactive element, one serpentine element. Shim fails to teach a serpentine electrode. Rogers teaches stretchable electrodes (Figures 3 and 19) with a serpentine structure (see Figures 3 and 19; see also ¶[0062-0064] and [0155]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim having the apparatus with the teachings of Rogers having the serpentine electrodes for the purpose to enhance overall mechanical or other physical properties, such as stretchability and/or fill factor, ¶[0114]. Shim in view of Rogers fail to teach an electroactive element directly disposed on the lens surface, such that the electroactive element is configured to transmit and receive data through the at least one serpentine element. O'Malley teaches an electrowetting device (title and abstract) comprising an electroactive element (52, Figure 9B) and at least one electrode (22a, 22b, 22c, 22d, Figure 8A; see also ¶[0052] and ¶[0063]) are directly disposed (electrodes may at least partially or completely surround the raised portion 40 of a liquid lens 10, ¶[0052]) on the lens surface (surface of 10, Figure 1), such that the electroactive element (52, Figure 9B) is configured to transmit and receive data (see ¶[0054]) through the at least one serpentine element (22a, 22b, 22c, 22d, Figure 8A; see also ¶[0052] and ¶[0063]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers having the apparatus with the teachings of O'Malley having the direct contact of an electrical device and an electrode for the purpose of electrically addressing optical computer interconnects. Shim in view of Rogers and O'Malley fail to teach an electroactive element comprises an electro-strictive polymer layer. Yamada teaches a lens that is shifted by expansion or contraction (Figures 1A and 1B) comprising an electroactive element (polymer layer 11, Figures 1A and 1B; see also ¶[0048]) comprises an electro-strictive polymer layer (¶[0048] and [0062]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers and O'Malley having the apparatus with the teachings of Yamada having an electroactive element, one serpentine element, wherein the electroactive element comprises an electro-strictive polymer layer and disposing on the elastic membrane, for the purpose of focus adjustment, ¶[0011]. Shim in view of Rogers, O'Malley and Yamada fail to teach an aperture of a lens. Frosien teaches a charged particle beam device (Figure 1 and ¶[0023]) using at least one electrode (199, Figure 1) within an aperture of the lens (113 is a multi-aperture lens plate, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Shim in view of Rogers, O'Malley and Yamada having the apparatus with the teachings of Frosien having an aperture of a lens for the purpose of controlling the amount of voltage between elements, ¶[0023], and modifying Shim in view of Rogers, O'Malley and Yamada wherein the elastic membrane is within the aperture of an adjustable lens using at least one electrode directly disposed on the membrane within the aperture of the adjustable lens. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TYW/Patent Examiner, Art Unit 2872 /STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Show 5 earlier events
Jul 23, 2025
Applicant Interview (Telephonic)
Aug 01, 2025
Examiner Interview Summary
Aug 05, 2025
Request for Continued Examination
Aug 06, 2025
Response after Non-Final Action
Sep 19, 2025
Non-Final Rejection mailed — §103
Nov 26, 2025
Interview Requested
Dec 18, 2025
Response Filed
Apr 10, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
82%
Grant Probability
90%
With Interview (+8.2%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
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