Prosecution Insights
Last updated: October 01, 2026
Application No. 18/483,273

SYSTEMS AND TECHNIQUES FOR FORMING META-LENSES

Final Rejection §103
Filed
Oct 09, 2023
Priority
Oct 14, 2022 — provisional 63/379,622
Examiner
FISSEL, TRAVIS S
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
431 granted / 566 resolved
+8.1% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
584
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
54.4%
+14.4% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 566 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 7-12, 18-24 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (PGPUB 20210307608) in view of Dunn et al. (PGPUB 20190383910). Regarding claim 1, Hu discloses a method for imaging comprising: receiving light at a first substrate (Fig. 1, substrate 110), the first substrate comprising a first meta-lens (120); receiving a first portion of the light at a second substrate (180), the second substrate including an optical sensor (150 defines the focal surface plane and [0008] states that there are photodetectors located at the focal surface), wherein: receiving at least a second portion of the light focused by the first meta-lens (Fig. 1 indicates how the light is focused by the meta lens onto the focusing plane). Hu does not disclose wherein the second substrate includes a solid covering formed from a portion of the second substrate and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate. However, Dunn teaches a light sensor (Abst.) which may be used in conjunction with a meta-lens (Claim 13) comprising first and second substrates (522 and 524 or 544 and the layer directly above 552 in Fig. 5C), wherein the second substrate includes a solid covering formed from a portion of the second substrate (524 covers 530 or 558) and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate (Fig. 5B/C, for example, shows two physical structures attached to the first and second substrates). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Hu and Dun such that there is a solid covering and solid spacers between the first and second substrates motivated by providing structural stability to the optical system. Regarding claim 7, modified Hu discloses further comprising an optical filter disposed between the first substrate and the second substrate ([0055] of Hu). Regarding claim 8, modified Hu discloses an optical filter but does not explicitly disclose wherein the substrate is between the solid covering and the first substrate. However, it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). The rearrangement in this case does not modify the operation of the device because the final filtered light will be the same. One of ordinary skill in the art as of the effective filing date of the invention would modify the location of the filter motivated by increased flexibility of manufacture. Regarding claim 9, modified Hu discloses wherein the optical sensor comprises a back side illuminated optical sensor ([0050] of Hu). Regarding claim 10, modified Hu discloses wherein the optical sensor is flush with the solid covering (Fig. 5c, for example of Dunn where 554 is flush with 558). Regarding claim 11, modified Hu discloses wherein the first substrate further comprises a second meta-lens (array: [0045], [0078] of Hu and Abst. of Dunn where there is an array of sensors). Regarding claim 12, Hu discloses a method for imaging comprising: receiving light at a first substrate (Fig. 1, substrate 110), the first substrate comprising a first meta-lens (120); receiving a first portion of the light at a second substrate (180), the second substrate including an optical sensor (150 defines the focal surface plane and [0008] states that there are photodetectors located at the focal surface), wherein: receiving at least a second portion of the light focused by the first meta-lens (Fig. 1 indicates how the light is focused by the meta lens onto the focusing plane). Hu does not disclose wherein the second substrate includes a solid covering formed from a portion of the second substrate and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate. However, Dunn teaches a light sensor (Abst.) which may be used in conjunction with a meta-lens (Claim 13) comprising first and second substrates (522 and 524 or 544 and the layer directly above 552 in Fig. 5C), wherein the second substrate includes a solid covering formed from a portion of the second substrate (524 covers 530 or 558) and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate (Fig. 5B/C, for example, shows two physical structures attached to the first and second substrates). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Hu and Dun such that there is a solid covering and solid spacers between the first and second substrates motivated by providing structural stability to the optical system. Regarding claim 18, modified Hu discloses further comprising an optical filter disposed between the first substrate and the second substrate ([0055] of Hu ). Regarding claim 19, modified Hu discloses an optical filter but does not explicitly disclose wherein the substrate is between the solid covering and the first substrate. However, it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). The rearrangement in this case does not modify the operation of the device because the final filtered light will be the same. One of ordinary skill in the art as of the effective filing date of the invention would modify the location of the filter motivated by increased flexibility of manufacture. Regarding claim 20, modified Hu discloses wherein the optical sensor comprises a back side illuminated optical sensor ([0050] of Hu ). Regarding claim 21, modified Hu discloses wherein the optical sensor is flush with the solid covering (Fig. 5c, for example of Dunn where 554 is flush with 558). Regarding claim 22, modified Hu discloses wherein the first substrate further comprises a second meta-lens(array: [0045], [0078] of Hu and Abst. of Dunn where there is an array of sensors). Regarding claim 23, modified Hu discloses further comprising: generating, using at least the second portion of the light focused by the first meta-lens (Fig. 1), an image (at plane 150); and outputting the image (Abst.). Regarding claim 24, Hu discloses an apparatus for imaging comprising: receiving light at a first substrate (Fig. 1, substrate 110), the first substrate comprising a first meta-lens (120); receiving a first portion of the light at a second substrate (180), the second substrate including an optical sensor (150 defines the focal surface plane and [0008] states that there are photodetectors located at the focal surface), wherein: receiving at least a second portion of the light focused by the first meta-lens (Fig. 1 indicates how the light is focused by the meta lens onto the focusing plane). Hu does not disclose wherein the second substrate includes a solid covering formed from a portion of the second substrate and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate. However, Dunn teaches a light sensor (Abst.) which may be used in conjunction with a meta-lens (Claim 13) comprising first and second substrates (522 and 524 or 544 and the layer directly above 552 in Fig. 5C), wherein the second substrate includes a solid covering formed from a portion of the second substrate (524 covers 530 or 558) and one or more solid spacers positioned between the first substrate and the second substrate and mechanically coupling the first substrate with the second substrate (Fig. 5B/C, for example, shows two physical structures attached to the first and second substrates). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Hu and Dun such that there is a solid covering and solid spacers between the first and second substrates motivated by providing structural stability to the optical system. Regarding claim 30, modified Hu discloses further comprising an optical filter disposed between the first substrate and the second substrate ([0055] of Hu). Claim(s) 3, 14 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Dunn and further in view of MacKinnon (PGPUB 20210152789). Regarding claims 3, 14 and 26, modified Hu does not disclose wherein the second substrate comprises a silicone substrate. However, MacKinnon teaches an imaging device having image sensors arranged on a silicone substrate (Claim 22). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine modified Hu and MacKinnon such that the image sensors are attached to a silicone substrate motivated by reducing manufacturing costs. Claim(s) 4, 15 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Dunn and further in view of Logsdon (PGPUB 20030146384). Regarding claims 4, 15 and 27, modified Hu does not disclose wherein the solid covering comprises silicon substrate. However, Logsdon teaches an imaging device having image sensors arranged under a silicone substrate ([0015], 14). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine modified Hu and Logsdon such that the solid cover comprised a silicone substrate motivated by improving absorption of particular wavelengths ([0015]). Claim(s) 5, 16 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Dunn and further in view of Han (PGPUB 20210014394). Regarding claims 5, 16 and 28, modified Hu does not disclose wherein the solid covering is glass. However, Han teaches a meta-lens imaging device (Fig. 11) wherein the image sensor is covered with a glass substrate ([0103]). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine modified Hu and Han such that the solid cover comprised glass motivated by reducing manufacturing costs. Claim(s) 6, 17 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Dunn and further in view of Riley et al. (USPAT 10795168). Regarding claims 6, 17 and 29, modified Hu does not disclose wherein the solid covering comprises a third substrate disposed on the second substrate and wherein the third substrate is mechanically coupled to the second substrate. However, Riley teaches a meta-lens imaging device (Fig. 13) wherein the solid covering comprises a third substrate disposed on the second substrate and wherein the third substrate is mechanically coupled to the second substrate (Col. 22 lines 51-63). It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine modified Hu and Riley such that the solid cover comprised a third substrate motivated by providing additional design tool for system-level optimization (Col. 22 lines 51-63). Response to Arguments Applicant’s arguments with respect to claim(s) 1,3-12,14-24 and 26-30 have been considered but are moot because the new grounds for rejection. 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 TRAVIS S FISSEL whose telephone number is (313)446-6573. The examiner can normally be reached on 9AM-5PM. 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TRAVIS S FISSEL/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Oct 09, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jun 10, 2026
Interview Requested
Jun 16, 2026
Applicant Interview (Telephonic)
Jun 16, 2026
Examiner Interview Summary
Jul 02, 2026
Response Filed
Sep 17, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
87%
With Interview (+10.5%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 566 resolved cases by this examiner. Grant probability derived from career allowance rate.

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