Prosecution Insights
Last updated: April 19, 2026
Application No. 18/374,314

METALENS ARRAY AND DISPLAY DEVICE HAVING SAME

Final Rejection §103
Filed
Sep 28, 2023
Examiner
CHANG, CHARLES S
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Chiun Mai Communication Systems Inc.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
790 granted / 1012 resolved
+10.1% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
19 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.6%
+22.6% vs TC avg
§102
33.0%
-7.0% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1012 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 . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-2, 7, 9-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kress et al. (US 20210405255) hereinafter Kress ‘255 in view of Yao et al. (US 11733552). Regarding claim 1, Kress ‘255 discloses (Figs. 1A-20B) a metalens array comprising: at least one optical transparent substrate (350); a plurality of nanostructures (330, 620) arranged over the at least one optical transparent substrate, the plurality of nanostructures (330, 620) defining one or more metalenses, the one or more metalenses arranged in a predetermined arrangement (section 0098), the at least one optical transparent substrate and the plurality of nanostructures configured to transmit lights (Fig. 3A-3C; section 0062). Kress ‘255 does not necessarily disclose a reflective layer arranged on the at least one optical transparent substrate, wherein the reflective layer is plain and made of reflective metals; and a spacer layer arranged between the plurality of nanostructures and the reflective layer, wherein the spacer layer is plain and non-patterned and made of non-conductive materials. Yao discloses (Figs. 2C, 3B, 15D) a reflective layer (228) arranged on the at least one optical transparent substrate (226), wherein the reflective layer is plain and made of reflective metals (aluminum); and a spacer layer (230) arranged between the plurality of nanostructures (234) and the reflective layer, wherein the spacer layer is plain and non-patterned and made of non-conductive materials (aluminum oxide) (col. 7 lines 28-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Yao to obtain ultrafast optical modulators with short response times. Regarding claim 2, Kress ‘255 discloses (Figs. 1A-20B) the plurality of nanostructures (330, 620) are composed by a dielectric material (section 0108). Regarding claim 7, Kress ‘255 discloses (Figs. 1A-20B) the metalens array comprises a plurality of unit cells of metalenses (941, 942, 943), each of the plurality of unit cells of metalenses comprises one nanostructure in an anisotropic shape, each of the plurality of unit cells of metalenses (941, 942, 943) is separated from each other by a first predetermined pitch size (P). Regarding claim 9, Kress ‘255 discloses (Figs. 1A-20B) the plurality of nanostructures (330, 620) are arranged in a plurality of rectangular-shape metalenses (941, 942, 943). Regarding claim 10, Kress ‘255 discloses (Figs. 1A-20B) the plurality of rectangular-shape metalenses (941, 942, 943) are separated from each other by a second predetermined pitch size (P). Regarding claim 11, Kress ‘255 discloses (Figs. 1A-20B) a display device comprising: a micro display (section 0046) configured to display real images and illuminate lights; at least one metalens array embedded in a frame of the display device, the at least one metalens array (941, 942, 943) spaced apart from the micro display, the at least one metalens array configured to transmit the lights illuminated by the micro display (Fig. 3A-3C; section 0062), the at least one metalens array comprising: at least one optical transparent substrate (350); a plurality of nanostructures (330, 620) arranged over the at least one optical transparent substrate, the plurality of nanostructures defining one or more metalenses, the one or more metalenses arranged in a predetermined arrangement (section 0098), the at least one optical transparent substrate and the plurality of nanostructures configured to transmit lights (Fig. 3A-3C, 8A-8B; section 0062). Kress ‘255 does not necessarily disclose a reflective layer arranged on the at least one optical transparent substrate, wherein the reflective layer is plain and made of reflective metals; and a spacer layer arranged between the plurality of nanostructures and the reflective layer, wherein the spacer layer is plain and non-patterned and made of non-conductive materials. Yao discloses (Figs. 2C, 3B, 15D) a reflective layer (228) arranged on the at least one optical transparent substrate (226), wherein the reflective layer is plain and made of reflective metals (aluminum); and a spacer layer (230) arranged between the plurality of nanostructures (234) and the reflective layer, wherein the spacer layer is plain and non-patterned and made of non-conductive materials (aluminum oxide) (col. 7 lines 28-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Yao to obtain ultrafast optical modulators with short response times. Regarding claim 12, Kress ‘255 discloses (Figs. 1A-20B) a polarizer module (710), wherein the polarizer module (710) is arranged between the micro display (720) and the at least one metalens array (730), the polarizer module is configured to circularly polarize the lights illuminated by the micro display (section 0117). Regarding claim 13, Kress ‘255 discloses (Figs. 1A-20B) the plurality of nanostructures (330, 620) are composed by a dielectric material or a metallic material (section 0108). Regarding claim 14, Kress ‘255 discloses (Figs. 1A-20B) the metalens array further comprises a cladding layer (631), the cladding layer is arranged over the plurality of nanostructures and the at least one optical transparent substrate (section 0112). Regarding claim 17, Kress ‘255 discloses (Figs. 1A-20B) the metalens array comprises a plurality of unit cells (941, 942, 943) of metalenses, each of the plurality of unit cells of metalenses comprises one nanostructure in an anisotropic shape, each of the plurality of unit cells (941, 942, 943) of metalenses is separated from each other by a first predetermined pitch size (P). Regarding claim 18, Kress ‘255 discloses (Figs. 1A-20B) the plurality of unit cells (941, 942, 943) of metalenses are arranged as a single rectangular-shape metalens. Regarding claim 19, Kress ‘255 discloses (Figs. 1A-20B) the plurality of nanostructures (330, 620) are arranged in a plurality of rectangular-shape metalenses. Regarding claim 20, Kress ‘255 discloses (Figs. 1A-20B) the plurality of rectangular-shape metalenses (941, 942, 943) are separated from each other by a second predetermined pitch size (P). Claims 3-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kress ‘255 and Yao in view of Kress et al. (US 20230375841) hereinafter Kress ‘841. Regarding claim 3, Kress ‘255 does not necessarily disclose the plurality of nanostructures are composed by a metallic material. Kress ‘841 discloses (Figs. 1A-24A) the plurality of nanostructures (330, 610-630, 1265) are composed by a metallic material (sections 0052, 0061, 0120, 0143). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kress ‘841 to reflect optical radiation with high efficiency. Regarding claim 4, Kress ‘255 discloses (Figs. 1A-20B) a cladding layer (631), wherein the cladding layer is arranged over the plurality of nanostructures and the at least one optical transparent substrate (section 0112). Regarding claim 8, Kress ‘255 does not necessarily disclose the plurality of unit cells of metalenses are arranged as a single rectangular-shape metallic metalens. Kress ‘841 discloses (Figs. 1A-24A) the plurality of unit cells (700) of metalenses are arranged as a single rectangular-shape metallic metalens (sections 0043, 0052, 0055, 0061, 0120, 0143). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kress ‘841 to reflect optical radiation with high efficiency. Response to Arguments Applicant’s arguments with respect to claims 1-4, 7-14, and 17-20 have been considered but are moot because the new ground of rejection does not rely on the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 CHARLES S CHANG whose telephone number is (571)270-5024. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM. 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, Michael Caley can be reached at (571) 272-2286. 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. /CHARLES S CHANG/ Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Sep 29, 2025
Non-Final Rejection — §103
Dec 30, 2025
Response Filed
Jan 16, 2026
Final Rejection — §103
Apr 08, 2026
Request for Continued Examination
Apr 16, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
96%
With Interview (+17.8%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 1012 resolved cases by this examiner. Grant probability derived from career allow rate.

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