Prosecution Insights
Last updated: April 17, 2026
Application No. 17/902,023

OPTICAL ELEMENT

Final Rejection §102§103
Filed
Sep 02, 2022
Examiner
WRIGHT, ANDREW RUSSELL
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
unknown
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
11 granted / 20 resolved
-13.0% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
55
Total Applications
across all art units

Statute-Specific Performance

§103
68.0%
+28.0% vs TC avg
§102
16.3%
-23.7% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 20 resolved cases

Office Action

§102 §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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement Acknowledgement is made of receipt of Information Disclosure Statement (PTO-1449) filed 09/26/2022. An initialed copy is attached to this Office Action. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-2, 7, 10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruck (US 20200341216 A1) (fig. 4). Regarding claim 1, Bruck discloses in at least figure 4, An optical element (two dimensional grating coupler 400 fig. 4) comprising a plurality (there is a plurality of gratings 403 fig. 4) of perturbing centers (gratings 403 fig. 4 allow for scattering paragraph [0049] similar to perturbing centers described ad scattering light in different directions in the current application page 4 lines 3-4) arranged in a scattering plane (silicon layer 401 creates a plane in the x and y directions as shown below in fig. 4 to allow for scattering paragraph [0049]) of the optical element (two dimensional grating coupler 400 fig. 4) and configured to effect out-of-plane diffraction (surface emitting elements of grating couplers diffract guide light out of the plane of the circuit paragraph [0023]) of an optical wave (light flow fig. 4) propagating in the scattering plane (silicon layer 401 creates a plane in the x and y directions as shown below in fig. 4 to allow for scattering paragraph [0049]) to a diffraction direction (out of plane direction paragraph [0023]) having at least two different direction components (vertical and horizontal directions fig. 4), one of the direction components (vertical direction fig. 4) being directed perpendicular (the vertical direction fig. 4 is the out of the plane direction paragraph [0023]) to the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]), caricaturized in that, the optical element (two dimensional grating coupler 400 fig. 4) comprises at least two oriented groups (group 1 with y direction orientation and group 2 with x direction orientation as shown below in examiner annotated fig. 4) of oriented perturbing centers (gratings 403 are oriented in the x and y directions as shown below in fig. 4), wherein a group-individual orientation (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction as shown below in fig. 4) is assigned to each oriented group (groups 1 and 2 as shown below in fig. 4), wherein the perturbing centers (gratings 403 fig. 4) of each oriented group (groups 1 and 2 as shown below in fig. 4) are oriented in accordance with the same (all of group 1 gratings are aligned in the y direction and all of group 2 gratings are aligned in the x direction as shown below in fig. 4) group-individual orientation (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction fig. 4), and wherein the group-individual orientations (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction fig. 4) are angled relatively to one another (the orientations of groups 1 and 2 are angled at 90° relative to each other fig. 4), adjacent (grating A in group 1 and grating B in group 2 are adjacent as shown below in fig. 3) perturbing centers (gratings 403 fig. 4) belonging to different groups (group 1 and group 2 as shown below in fig. 4) having different orientations (group 1 has a y and group 2 has an x orientation that are different as shown below in fig. 4). PNG media_image1.png 758 897 media_image1.png Greyscale Regarding claim 2, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the angle (90° fig. 4) between adjacent (the groups 1 and 2 are adjacent fig. 4) group-individual orientations (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction as shown below in fig. 4) equals 180° (180°/2 = 90°) divided by the number (there are two group orientations fig. 4) of group-individual orientations (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction as shown below in fig. 4). PNG media_image2.png 604 715 media_image2.png Greyscale Regarding claim 7, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the perturbing centers (gratings 403 fig. 4) of the oriented groups (groups 1 and 2 as shown below in fig. 4) rotationally asymmetric (the gratings 403 are rotationally asymmetric rectangles in both groups fig. 4). PNG media_image3.png 583 690 media_image3.png Greyscale Regarding claim 10, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the perturbing centers (gratings 403 fig. 4) of the oriented groups (groups 1 and 2 as shown below in fig. 4) are elongated along (the gratings 403 are rectangles elongated in the y direction for group 1 and the x direction for group 2 fig. 4) the respective group-individual orientation (the gratings 403 in group 1 are oriented in the y direction and the gratings 403 in group 2 are oriented in the x direction fig. 4). Regarding claim 12, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the optical element (two dimensional grating coupler 400 fig. 4) further comprises at least one unoriented group (in other embodiments of the square-shaped elements in figure 4, the gratings may utilize any symmetric shape such as circles paragraph [0049]) of unoriented perturbing centers (gratings 403 fig. 4 with a circular shape paragraph [0049] would be unoriented perturbing centers as described as symmetrical and preferably circular in current application pg. 6 lines 29-31). Regarding claim 13, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the optical element (two dimensional grating coupler 400 fig. 4) comprises at least one group (in other embodiments of the square-shaped elements in figure 4, the gratings may utilize any symmetric shape such as circles paragraph [0049]) of circular perturbing centers (gratings 403 fig. 4 may have a circular shape paragraph [0049]). Regarding claim 14, Bruck discloses all the limitations of claim 1 and further discloses, characterized in that the optical element (two dimensional grating coupler 400 fig. 4) comprises a first group (group 1 as shown below in fig. 4) of perturbing centers (gratings 403 fig. 4) and a second group (group 2 as shown below in fig. 4) of perturbing centers (gratings 403 fig. 4), wherein the perturbing centers (gratings 403 fig. 4) of the first group (group 1 as shown below in fig. 4) are oriented along a first orientation (group 1 is oriented in the y direction as shown below fig. 4), wherein the perturbing centers (gratings 403 fig. 4) of the second group (group 2 as shown below in fig. 4) are oriented along a second orientation (group 2 is oriented in the x direction as shown below in fig. 4), and wherein the first orientation (y direction fig. 4) and the second orientation (x direction fig. 4) are angled by 90° (the orientations of the x and y directions are angled by 90° fig. 4). PNG media_image3.png 583 690 media_image3.png Greyscale Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 3-4, 6, 8-9, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1) (fig. 4) as applied to claim 1 above and in further view of Bruck (US 20200341216 A1) (fig. 2). Regarding claim 3, Bruck discloses all the limitations of claim 2 and further discloses in figure 4, characterized in that a first access side (first access side as shown below in fig. 4) of the optical element (two dimensional grating coupler 400 fig. 4) provides a first access port (first access port as shown below in fig. 4) for inputting and/or outputting radiation (light flows from the first access side fig. 4) along a first direction (y direction as shown below in fig. 4) that lies in (the y direction is in the scattering plane fig. 4) the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]), and a second access port (second access port as shown below in fig. 4) for inputting and/or outputting radiation (light flows from the second access port fig. 2) along a second direction (x direction as shown below in fig. 4) that differs (the x direction is different from the y direction as shown below in fig. 4) from the first direction (y direction as shown below in fig. 4) and also lies in (the x direction is in the scattering plane fig. 4) the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]). PNG media_image4.png 512 541 media_image4.png Greyscale Bruck does not explicitly disclose in figure 4, wherein the arrangement of the perturbing centers in said scattering plane is axially symmetric with respect to the first and second direction. However Bruck discloses in figure 2, wherein the arrangement of the perturbing centers (gratings 203b and 203c fig. 2) in said scattering plane (silicon layer 201 creates a plane in the x and y directions as shown below in fig. 2 to allow for scattering paragraph [0049]) is axially symmetric (the arrangement of gratings 203b and 203c is axially symmetric fig. 2) with respect to the first (y direction as shown below in fig. 2) and second direction (x direction as shown below in fig. 2). PNG media_image5.png 538 417 media_image5.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 4, Bruck figure 4 discloses all the limitations of claim 2 and further discloses, characterized in that the optical element (two dimensional grating coupler 400 fig. 4) a first access port (first access port as shown below in fig. 4) for inputting and/or outputting radiation (light flows from the first access side fig. 2) along a first direction (y direction fig. 4) that lies in the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]) and a second access port (second access port as shown below in fig. 4) for inputting and/or outputting radiation (light flows from the second access port fig. 2) along a second direction (horizontal direction fig. 4) that is angled by an angle between 80° and 90° (the first and second axis ports are along the x and y directions angled at 90° fig. 4) to the first direction (y direction fig. 4) and also lies in the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]). Bruck does not disclose in figure 4, wherein the arrangement of the perturbing centers in said scattering plane is axially symmetric with respect to a mirror axis that mirrors the first and second direction with respect to one another. However Bruck discloses in figure 2, wherein the arrangement of the perturbing centers (gratings 203b and 203c fig. 2) in said scattering plane (silicon layer 201 creates a plane in the x and y directions fig. 2 to allow for scattering paragraph [0049]) is axially symmetric (the arrangement of gratings 203b and 203c are axially symmetric about a mirror axis as shown below in fig. 2) with respect to a mirror axis (mirror axis as shown below in fig. 2) that mirrors the first (y direction fig. 2) and second direction (x direction fig. 2) with respect to one another (the x and y directions are connected by the mirror axis at a 45° angle between them as shown below in fig. 2). PNG media_image6.png 482 374 media_image6.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 6, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not disclose in figure 4, characterized in that all of the perturbing centers that belong to the same group are identically shaped and/or sized. However Bruck further discloses in figure 2, characterized in that all of the perturbing centers (grating lines 203B and 203C fig. 2) that belong to the same group (group 1 and group 2 as shown below in fig. 2) are identically shaped and/or sized (the grid lines 203b and 203c are the same shape and size fig. 2). PNG media_image7.png 544 422 media_image7.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 8, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not disclose in figure 4, characterized in that the perturbing centers of the oriented groups are axially symmetric with respect to the group-individual orientation of their group. However Bruck discloses in figure 2, characterized in that the perturbing centers (grating lines 203B and 203C fig. 2) of the oriented groups (groups 1 and 2 as shown below in fig. 2) are axially symmetric (the grating lines 203B and 203C are axially symmetric along the axis of the orientation of their group fig. 2) with respect to the group-individual orientation (the grating lines 203B and 203C are oriented and the x and y directions as shown in fig. 2) of their group (group 1 or group 2 fig. 2). PNG media_image8.png 714 554 media_image8.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 9, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not disclose in figure 4, characterized in that all of the perturbing centers of the oriented groups are identically shaped and/or sized. However Bruck further discloses in figure 2, characterized in that all of the perturbing centers (grating lines 203B and 203C fig. 2) of the oriented groups (group 1 and group 2 as shown below in fig. 2) are identically shaped and/or sized (the grid lines 203b and 203c are the same shape and size fig. 2). PNG media_image9.png 631 489 media_image9.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 17, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not disclose in figure 4, characterized in that the oriented groups overlap in space such that individual perturbing centers (gratings 403 fig. 4) of different groups are interweaved. Bruck further discloses in figure 2, characterized in that the oriented groups (Group 1 with x direction orientation and Group 2 with y direction orientation as shown below in fig. 2) overlap in space (the groups 1 and 2 overlap as shown below in fig. 2) such that individual perturbing centers (grating lines 203B and 203C fig. 2) of different groups (Group 1 includes grating lines 203B and group 2 includes grating lines 203C) are interweaved (Groups 1 and 2 are interweaved as shown below in fig. 2). PNG media_image10.png 554 430 media_image10.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Regarding claim 20, Bruck figure 4 discloses all the limitations of claim 1 and further discloses, characterized in that a first access side (first access side as shown below in fig. 4) of the optical element (two dimensional grating coupler 400 fig. 4) provides a first access port (first access port as shown below in fig. 4) for inputting and/or outputting radiation light flows from the first access side fig. 4) along a first direction (y direction fig. 4) that lies in the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]), and a second access port (second access port as shown below in fig. 4) for inputting and/or outputting radiation (light flows from the second access port fig. 2) along a second direction (x direction fig. 4) that differs from the first direction (the x direction is different from the y direction fig. 4) and also lies in (the x direction is in the scattering plane fig. 4) the scattering plane (silicon layer 401 creates a plane in the x and y directions fig. 4 to allow for scattering paragraph [0049]). PNG media_image11.png 639 756 media_image11.png Greyscale Bruck does not explicitly disclose in figure 4, wherein the arrangement of the perturbing centers in said scattering plane is axially symmetric with respect to the first and second direction. However Bruck discloses in figure 2, wherein the arrangement of the perturbing centers (gratings 203b and 203c fig. 2) in said scattering plane (silicon layer 401 creates a plane in the x and y directions as shown below in fig. 4 to allow for scattering paragraph [0049]) is axially symmetric (the arrangement of gratings 203b and 203c is axially symmetric fig. 2) with respect to the first (y direction fig. 4) and second direction (x direction fig. 2). PNG media_image12.png 553 429 media_image12.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the grating pattern as taught in figure 2 as the gratings in figure 4. The grating pattern in figure 2 is another embodiment of the gratings in figure 4 and the symmetric pattern can be used for ease of manufacturing. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1) as applied to claim 1 above and in further view of Arbabi (US 20160077261 A1). Regarding claim 5, Bruck figure 4 discloses all the limitations of claim 1 and further discloses, characterized in that the perturbing centers (gratings 403 fig. 4) form an array of perturbing centers (gratings 403 create an array in the x and y directions as shown below in fig. 4) Bruck does not disclose, where the distance between adjacent perturbing centers increases from the array's center towards the array's edge. However Arbabi discloses in at least figure 3, where the distance (d1 and d2 as shown below in fig. 6) between adjacent perturbing centers (elliptical posts 305 fig. 3) increases from the array's center (d1 is the distance between elliptical posts 305 in the center as shown below in fig. 3) towards the array's edge (d2 is the distance between elliptical posts 305 in at the edge as shown below in fig. 3). PNG media_image13.png 524 829 media_image13.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use an arrangement where the distance between adjacent scattering domains is different as taught by Arbabi for the gratings of Bruk. The separation of the light scattering domains provides different diffusion angles for the emitted light. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1 )(fig.4) as applied to claim 1 above and in further view of Wu et al. (US 20090009868 A1). Regarding claim 11, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not disclose in figure 4, characterized in that the perturbing centers of the oriented groups comprise perturbing centers of an elliptical or oval shape. However Wu discloses in at least figure 5, characterized in that the perturbing centers (diffracted elements 322d fig. 5) of the oriented groups (group 1 as shown below in fig. 5) comprise perturbing centers (diffracted elements 322d fig. 5) of an elliptical or oval shape (the diffracted elements 322d are elliptical or oval shape fig. 5). PNG media_image14.png 405 639 media_image14.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention use an elliptical or oval shape as taught by Wu for the grating of Bruck. The shape of the diffractive element can further reduce color shift of the diffraction grating recording medium, and to improve color saturation (paragraph [0029]). Claims 15-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1)(fig.4) as applied to claim 1 above and in further view of Fish (US 8660391 B1). Regarding claim 15, Bruck figure 4 discloses all the limitations of claim 1. Bruck does not explicitly disclose in figure 4, a first access side of the optical element provides an access port for inputting radiation having a first mode, and a second access side of the optical element provides a first and second access port each of which outputs radiation having the first mode and at least a second mode in response to the radiation that is inputted at the first access side. However Fish discloses in at least figure 3, a first access side (first access side as shown below in fig. 3) of the optical element (grating coupler and splitter 300 fig. 3) provides an access port (first side first access port as shown below in fig. 3) for inputting radiation (light 330 fig. 3) having a first mode (TE 350 and TM 355 polarized fig. 3), and a second access side (second access side as shown below in fig. 3) of the optical element provides a first (second side first access port as shown below in fig. 3) and second access port (second side second access port as shown below in fig. 3) each of which outputs radiation (the second side first and second access ports output light 340 and 345 as shown below in fig. 3) having the first mode (light 340 is TE polarized light 350 fig. 3) and at least a second mode (light 345 is TM polarized light 355 fig. 3) in response to the radiation that is inputted (light 330 is input form the first access side fig. 3) at the first access side (first access side as shown below in fig. 3). PNG media_image15.png 442 586 media_image15.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the access ports to output two different modes of light as taught by Fish in the two dimensional grating coupler of Bruck. The grating splits the polarized input light into separate polarization states. Regarding claim 16, Bruck figure 4 discloses all the limitations of claim 1 and further discloses, the optical element (two dimensional grating coupler 400 fig. 4) is a polarization multiplexer (two dimensional gratings allow multiplexing operations paragraph [0024]). Bruck does not explicitly disclose, characterized in that wherein the optical element provides a first access port for inputting and/or outputting radiation having a first polarization, and a second access port for inputting and/or outputting radiation having a second polarization that differs from the first polarization, and wherein the optical element provides a third access port for inputting and/or outputting radiation that has both, the first and second polarization. Fish discloses in at least figure 3, characterized in that wherein the optical element (two dimensional grating coupler 400 fig. 4) provides a first access port (second side first access port as shown below in fig. 3) for inputting and/or outputting radiation (for outputting light 345 fig. 3) having a first polarization (light 345 has TM polarization 355 fig. 3), and a second access port (second side second access port as shown below in fig. 3) for inputting and/or outputting radiation (for outputting light 340 fig. 3) having a second polarization (light 340 has TE polarization 350 fig. 3) that differs from (TM polarization 355 is different than TE polarization 350 fig. 3) the first polarization (light 345 has TM polarization 355 fig.3), and wherein the optical element (two dimensional grating coupler 400 fig. 4) provides a third access port (first side first access port as shown below in fig. 3) for inputting and/or outputting radiation (for inputting light 330 fig. 3) that has both (light 330 has both TE and TM polarization fig. 3), the first (TM polarization 355 fig. 3) and second polarization (TE polarization 350 fig. 3). PNG media_image16.png 536 710 media_image16.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the access ports to output two different modes of light as taught by Fish in the two dimensional grating coupler of Bruck. The grating splits the polarized input light into separate polarization states. Regarding claim 21, Bruck figure 4 discloses all the limitations of claim 1 and further discloses, characterized in that the optical element (two dimensional grating coupler 400 fig. 4) is a polarization de-multiplexer (two dimensional gratings allow de-multiplexing operations paragraph [0024]). Bruck does not explicitly disclose, wherein the optical element provides a first access port for inputting and/or outputting radiation having a first polarization, and a second access port for inputting and/or outputting radiation having a second polarization that differs from the first polarization, and wherein the optical element provides a third access port for inputting and/or outputting radiation that has both, the first and second polarization. However, Fish discloses in at least figure 3, characterized in that wherein the optical element (two dimensional grating coupler 400 fig. 4) provides a first access port (second side first access port as shown below in fig. 3) for inputting and/or outputting radiation (for outputting light 345 fig. 3) having a first polarization (light 345 has TM polarization 355 fig. 3), and a second access port (second side second access port as shown below in fig. 3) for inputting and/or outputting radiation (for outputting light 340 fig. 3) having a second polarization (light 340 has TE polarization 350 fig. 3) that differs from (TM polarization 355 is different than TE polarization 350 fig. 3) the first polarization (light 345 has TM polarization 355 fig.3), and wherein the optical element (two dimensional grating coupler 400 fig. 4) provides a third access port (first side first access port as shown below in fig. 3) for inputting and/or outputting radiation (for inputting light 330 fig. 3) that has both (light 330 has both TE and TM polarization fig. 3), the first (TM polarization 355 fig. 3) and second polarization (TE polarization 350 fig. 3). PNG media_image17.png 716 949 media_image17.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use the access ports to output two different modes of light as taught by Fish in the two dimensional grating coupler of Bruck. The grating splits the polarized input light into separate polarization states. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1)(fig.4) in view of Bruck (US 20200341216 A1) (fig. 2) as applied to claim 17 above and in further view of Nakaoka et al. (US 20180252964 A1). Regarding claim 18, Bruck figures 4 and 2 discloses all the limitations of claim 17 and further discloses in figure 2, characterized in that there are two interweaved oriented groups (groups 1 and 2 are interweaved as shown below in fig. 2). PNG media_image18.png 616 478 media_image18.png Greyscale Bruck does not disclose in figure 2, characterized in that there are two interweaved oriented groups, the orientations of neighboring perturbing centers in the direction of propagation of the optical wave alternate and are at non-orthogonal angles with respect to the direction of propagation, and in that the perturbing centers of a given group all have the same orientation. However Nakaoka discloses in figure 14B, the orientations (the B groups are oriented in the x direction and the G groups are oriented at an angle fig. 14b) of neighboring perturbing centers (pixels B and G fig. 14B used to diffract different colored light in different directions paragraph [0060] similar to perturbing centers described as scattering light in different directions in the current application page 4 lines 3-4) in the direction (x direction fig. 14B) of propagation of the optical wave (the light from the illumination device involves the x direction to separate colors paragraph [0092]) alternate (the B and G groups alternate in the x direction fig. 14B) and are at non-orthogonal angles (the angles of the G group and the B group fig. 4 are non-orthogonal to the x axis fig. 14B) with respect to the direction (x direction fig. 14B) of propagation (the light from the illumination device involves the x direction to separate colors paragraph [0092]), and in that the perturbing centers (lines of the B and G group fig. 14B) of a given group (B and G groups fig. 14B ) all have the same orientation (the lines of the B and G groups all have the same orientation fig. 14B). Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to use a non-orthogonal alternating orientation as taught by Nakaoka for the gratings lines of Bruck. The alternating orientation strengthens the directivity of the light when pixels of the same color are not disposed in the same direction (paragraph [0092]). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bruck (US 20200341216 A1)(fig.4) in view of Bruck (US 20200341216 A1) (fig. 2) as applied to claim 17 above and in further view of Hoshino et al. (US 6301047 B1). Regarding claim 19, the combination of Bruck figures 4 and 2 discloses all the limitations of claim 17. Bruck does not disclose, characterized in that a first interweaved pair of the oriented groups of perturbation centers forms a first segment having a two-dimensional geometrical shape of perturbation centers having at least three edges, the geometrical shape being in particular a rectangular shape or a square shape, a second and any further interweaved pair of the oriented groups of perturbation centers adds an angled fringe segment extending the geometrical shape of the first segment along two edges of the first segment, wherein a spatial repetition period of the perturbation centers and a size of the individual perturbation centers decreases with increasing order number of the segments. However Hoshino discloses in at least figure 17, characterized in that a first interweaved pair (region 31a fig. 17) of the oriented groups of perturbation centers (diffraction grating grid lines diffract light in the fore and aft direction col. 11 lines 35-39 similar to perturbing centers described as scattering light in different directions in the current application page 4 lines 3-4) forms a first segment (segment 1 as shown below in fig. 17) having a two-dimensional geometrical shape (segment 1 is a square fig. 17) of perturbation centers (diffraction grating grid lines col. 11 lines 35-36) having at least three edges (segment 1 is a square with 4 edges fig. 17), the geometrical shape being in particular a rectangular shape or a square shape (segment 1 is a square fig. 17), a second and any further interweaved pair of the oriented groups (region 31b fig. 17) of perturbation centers (diffraction grating grid lines col. 11 lines 35-36) adds an angled fringe segment (segment 2 as shown below in fig. 17) extending the geometrical shape (segment 1 is a square fig. 17) of the first segment (segment 1 as shown below in fig. 17) along two edges (edges 1 and 2 as shown below in fig. 17) of the first segment (segment 1 as shown below in fig. 17). PNG media_image19.png 517 618 media_image19.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to have square segments as taught by Hoshino for the gratings of Bruck. The regions are arrange to be small enough to be simultaneously covered by the light source col. 11 lines 33-35). Hoshino does not disclose in figure 17, wherein a spatial repetition period of the perturbation centers and a size of the individual perturbation centers decreases with increasing order number of the segments. Additionally Hoshino discloses in figure 19, wherein a spatial repetition period (SRP1 and SRP2 as shown below in fig. 19 similar to perturbing centers described as scattering light in different directions in the current application page 4 lines 3-4) of the perturbation centers (diffraction grating grid lines diffract light in the fore and aft direction col. 12 line 55-60) and a size (D1 and D2 as shown below in fig. 19) of the individual perturbation centers (grid lines of the diffraction gratings col. 12 line 55) decreases (SRP2 is less than SRP1 and D2 is less than D1 as shown below in fig. 19) with increasing (the second segment is added to the edges of the first segment as shown below in figure 19) order number of the segments (the number of segments is 2 as shown in fig. 19). PNG media_image20.png 630 702 media_image20.png Greyscale Therefore it would be obvious for one skilled in the art before the effective filling date of the claimed invention to have the period and size decree with additional regions as taught by Hoshino figure 19 for the regions in figure 17. Figure 19 is another embodiment of figure 17 and the grid lines of the diffraction grating of the regions 51a extend perpendicularly to the scanning direction, similarly as the regions 31a of the previous embodiment, so that the incident light beam impinging upon the hologram foil 51 in a perpendicular direction diffracts obliquely upward in the fore-and-aft direction with respect to the scanning direction, and symmetrically with respect to the incident light beam. (col. 12 lines 54-62). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fujimoto et al. (US 7759861 B2) discloses an organic display with circular scattering portions. Verslegers et al. (US 20170153391 A1) discloses a photonic chip with a 2D grating. Gunn et al. (US 7006732 B2) discloses a polarization splitting grating coupler with circular diffraction elements. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW R WRIGHT whose telephone number is (703)756-5822. The examiner can normally be reached Mon-Thurs 7:30-5 Friday 8-12. 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, Pinping Sun can be reached at 1-571-270-1284. 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. /ANDREW R WRIGHT/Examiner, Art Unit 2872 /PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Sep 02, 2022
Application Filed
Jun 11, 2025
Non-Final Rejection — §102, §103
Oct 16, 2025
Response Filed
Dec 19, 2025
Final Rejection — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
99%
With Interview (+50.0%)
3y 1m
Median Time to Grant
Moderate
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