Prosecution Insights
Last updated: April 19, 2026
Application No. 18/553,431

WAVELENGTH SELECTIVE PHASE DIFFERENCE ELEMENT AND PROJECTION DISPLAY APPARATUS

Non-Final OA §102§103
Filed
Sep 29, 2023
Examiner
BROOKS, JERRY L.
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
85%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
553 granted / 794 resolved
+1.6% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
826
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
30.8%
-9.2% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 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 . 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. Claim(s) 1, 2, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mi (United States Patent Application Publication 2003/0193637 A1). With respect to claim 1, Mi discloses a wavelength selective phase difference element (disclosed by the birefringent layers whose retardation is wavelength depend in fig.7B and) comprising: a light incident surface and a light output surface that are opposed to each other in a Z-axis direction when three axes including an X axis, a Y axis, and a Z axis are orthogonal to one another (see fig.7B, 40); a first member that has a multi-layer structure where a plurality of layers (see 62A-58B or 52B-58B) are stacked between the light incident surface and the light output surface (see the first surface of 62A or 52B and the output surface of 58B); and a second member (see 62B) that is disposed on the light output surface of the first member and has an optical axis parallel to the Z-axis direction. With respect to claim 2, Mi discloses the wavelength selective phase difference element according to claim 1, wherein the respective layers included in the first member have different optical axes (see 52B, 58B, 58A), each of which is parallel to a plane including the X axis and the Y axis (see the axis of 52B, 58B, 58A). With respect to claim 6, Mi discloses the wavelength selective phase difference element according to claim 1, wherein the first member includes a phase difference material (see the 52B, 58B, or 58A). 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. Claim(s) 1-4, 6-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Homma (WO 2018029987 A1). With respect to claim 1, 9-13 and 15, Homma discloses a projection display apparatus comprising: one or a plurality of light sources that emits light beams of a plurality of wavelength bands different from one another (see 31 in fig.11); a wavelength selection element (see 33) that transmits or reflects light having a predetermined wavelength component among the light beams emitted from the light source; a plurality of light modulation (see 41 RGB) elements that modulates respective light beams of the plurality of wavelength bands; a color combining element (44) that combines the respective light beams of the wavelength bands emitted from the plurality of modulation elements; a projection optical system (45) that projects light emitted from the color combining element; and a wavelength selective phase difference element (see 10 in fig. 11 and 20 in fig.10) that is disposed on a light output side of the wavelength selection element, wherein the wavelength selective phase difference element includes a light incident surface and a light output surface that are opposed to each other in a Z-axis direction when three axes including an X axis, a Y axis, and a Z axis are orthogonal to one another (see the configuration of fig.10), a first member that has a multi-layer structure (see 11, 12 and 13) where a plurality of layers are stacked between the light incident surface and the light output surface (see the configuration of fig.10), and a second member (see 22 in fig.10) that is disposed on the light output surface of the first member and has an optical axis parallel to the Z-axis direction (see the shape of 22 wherein the optical axis is in the z direction; also consider that 22 is for example, aluminosilicate glass (see second para. of Configuration of wavelength selective phase difference element), and thus has an optic axis in the z or any direction; lastly the claim limitation does not disclose second member as being anisotropic or isotropic), wherein the wavelength selective phase difference element (see 10) is disposed between any adjacent components selected from the wavelength selection element, the light modulation elements (41RGB), the color combining element, and the projection optical system (see 45), wherein the wavelength selective phase difference element selectively performs polarization conversion of light of a predetermined wavelength band among the plurality of wavelength bands, wherein the plurality of wavelength bands comprises a green band, a blue band, and a red band (see fig.11), wherein the one light source comprises a white light source that emits white light (see 31), wherein the color combining element comprises a polarizing beam splitter, a dichroic prism (see 33 in fig.11), or a dichroic mirror. With respect to claim 2, Homma discloses the wavelength selective phase difference element according to claim 1, wherein the respective layers included in the first member have different optical axes, each of which is parallel to a plane including the X axis and the Y axis (see layer 11 and 12 in fig.10). With respect to claim 3, Homma discloses the wavelength selective phase difference element according to claim 1, wherein the first member (see 13 in fig.1 and 10) includes a first layer that is disposed on the light output surface as one of the plurality of layers, and the first layer has an optical axis to allow an absolute value of an angle formed between a perpendicular line to the optical axis and a reference side that is parallel or perpendicular to a vibration direction of incident polarization light to be about 45 degrees (see the fifth para. under the configuration of wavelength selective phase difference element: “and the angle θ3 formed between the perpendicular to the optical axis of the third member 13 and the reference plane is −45 °”). With respect to claim 4, Homma discloses the wavelength selective phase difference element according to claim 1, wherein the plurality of layers included in the first member are bonded to each other (see fig.10). With respect to claims 6 - 8, Homma discloses the wavelength selective phase difference element according to claim 1, wherein the first member includes a phase difference material, wherein the phase difference material comprises a uniaxial crystal or a uniaxial organic material, wherein the phase difference material comprises crystal, sapphire, yttrium vanadate, lithium niobate, polycarbonate, or polypropylene (see second paragraph under wavelength selective phase difference: The first member 11, the second member 12, and the third member 13 are plate-like members having a predetermined thickness, and are made of a phase difference material, for example, a uniaxial crystal or a uniaxial organic material.). 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. Claim(s) 3, 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mi (United States Patent Application Publication 2003/0193637 A1). With respect to claim 3, Mi discloses the wavelength selective phase difference element according to claim 1, wherein the first member includes a first layer that is disposed on the light output surface as one of the plurality of layers (58A), but does not explicitly disclose the first layer has an optical axis to allow an absolute value of an angle formed between a perpendicular line to the optical axis and a reference side that is parallel or perpendicular to a vibration direction of incident polarization light to be about 45 degrees. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the wavelength selective phase difference element of Mi so that the first layer has an optical axis to allow an absolute value of an angle formed between a perpendicular line to the optical axis and a reference side that is parallel or perpendicular to a vibration direction of incident polarization light to be about 45 degrees, since it would predictably improve contrast, and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233. With respect to claim 4, Mi discloses the wavelength selective phase difference element according to claim 1, but does not disclose wherein the plurality of layers included in the first member are bonded to each other. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the plurality of layers so that the wavelength selective phase difference element so that the plurality of layers included in the first member are bonded to each other, since it would predictably make the display system more compact and since it has been held that the use of a one piece construction instead of the structure disclosed in the prior art would be merely a matter of obvious engineering choice In re Larsen. With respect to claim 5, Mi discloses the wavelength selective phase difference element according to claim 1, but does not disclose wherein the first member has a thickness of 0.010 mm or more and 3.000 mm or less in the Z-axis direction. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the thickness of the first member of Mi so that the first member has a thickness of 0.010 mm or more and 3.000 mm or less in the Z-axis direction, since it would predictable improve contrast , and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Homma (WO 2018029987 A1). With respect to claim 5, Homma discloses the wavelength selective phase difference element according to claim 1, but does not disclose wherein the first member has a thickness of 0.010 mm or more and 3.000 mm or less in the Z-axis direction. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the thickness of the first member of Homma so that the first member has a thickness of 0.010 mm or more and 3.000 mm or less in the Z-axis direction, since it would predictable improve contrast , and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art In re Aller, 105 USPQ 233. Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mi (United States Patent Application Publication 2003/0193637 A1) in view of Sergey (KR 20030089499 A). With respect to claims 7 and 8, Mi discloses the wavelength selective phase difference element according to claim 6, but does not explicitly disclose wherein the phase difference material comprises a uniaxial crystal or a uniaxial organic material, wherein the phase difference material comprises crystal, sapphire, yttrium vanadate, lithium niobate, polycarbonate, or polypropylene. Sergey discloses the phase difference material comprises a uniaxial crystal or a uniaxial organic material, wherein the phase difference material comprises crystal, sapphire, yttrium vanadate, lithium niobate, polycarbonate, or polypropylene (“Optical films suitable for use as positive A plate retardation plates are known in the art and include, for example, uniaxial stretching of polyethylene terephthalate (PET), polyvinyl alcohol (PVA) or polycarbonate (PC) films, and the like. Polymer film. ”). It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Mi with the teaching of Sergey so that the phase difference material comprises a uniaxial crystal or a uniaxial organic material, wherein the phase difference material comprises crystal, sapphire, yttrium vanadate, lithium niobate, polycarbonate, or polypropylene to improve contrast while reducing material cost. Claim(s) 9 - 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (United States Patent Application Publication 2006/0187417 A1) in view of Mi (United States Patent Application Publication 2003/0193637 A1). With respect to claims 9, 12 and 13, Akiyama discloses a projection display apparatus comprising: one or a plurality of light sources that emits light beams of a plurality of wavelength bands different from one another (see 110 in fig.1A); a wavelength selection element (see 218 and 214 in fig.1A) that transmits or reflects light having a predetermined wavelength component among the light beams emitted from the light source; a plurality of light modulation elements (see 400RGB) that modulates respective light beams of the plurality of wavelength bands; a color combining element (see 500) that combines the respective light beams of the wavelength bands emitted from the plurality of modulation elements; a projection optical system (see 600) that projects light emitted from the color combining element; wherein the plurality of wavelength bands comprises a green band, a blue band, and a red band (see the red, green and blue bands in fig.1A), wherein the one light source comprises a white light source that emits white light (see the white light source of fig.1A), wherein the color combining element comprises a polarizing beam splitter, a dichroic prism, or a dichroic mirror (see the dichroic mirror of 218 and 214). But Akiyama does not discloses a wavelength selective phase difference element that is disposed on a light output side of the wavelength selection element, wherein the wavelength selective phase difference element includes a light incident surface and a light output surface that are opposed to each other in a Z-axis direction when three axes including an X axis, a Y axis, and a Z axis are orthogonal to one another, a first member that has a multi-layer structure where a plurality of layers are stacked between the light incident surface and the light output surface, and a second member that is disposed on the light output surface of the first member and has an optical axis parallel to the Z-axis direction. Mi discloses a wavelength selective phase difference element comprising: a light incident surface and a light output surface that are opposed to each other in a Z-axis direction when three axes including an X axis, a Y axis, and a Z axis are orthogonal to one another (see fig.7B, 40); a first member that has a multi-layer structure where a plurality of layers (see 62A-58B or 52B-58B) are stacked between the light incident surface and the light output surface (see the first surface of 62A or 52B and the output surface of 58B); and a second member (see 62B) that is disposed on the light output surface of the first member and has an optical axis parallel to the Z-axis direction. It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Akiyama with the teaching of Mi so that a wavelength selective phase difference element that is disposed on a light output side of the wavelength selection element, wherein the wavelength selective phase difference element includes a light incident surface and a light output surface that are opposed to each other in a Z-axis direction when three axes including an X axis, a Y axis, and a Z axis are orthogonal to one another, a first member that has a multi-layer structure where a plurality of layers are stacked between the light incident surface and the light output surface, and a second member that is disposed on the light output surface of the first member and has an optical axis parallel to the Z-axis direction to enhance contrast and thereby improve image quality. With respect to claim 10, Akiyama in view of Mi discloses the projection display apparatus according to claim 9, Akiyama in combination with Mi discloses wherein the wavelength selective phase difference element (of fig.7B of Mi) is disposed between any adjacent components selected from the wavelength selection element (see 218 and 214 in fig.1A)), the light modulation elements, the color combining element, and the projection optical system (see 600). With respect to claim 11, Akiyama in view of Mi discloses the projection display apparatus according to claim 9, Akiyama in combination with Mi wherein the wavelength selective phase difference element selectively performs polarization conversion of light (see fig.7B of Mi) of a predetermined wavelength band among the plurality of wavelength bands (see red, green and blue in fig.1A of Akiyama). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (United States Patent Application Publication 2006/0187417 A1) in view of Mi (United States Patent Application Publication 2003/0193637 A1) and Kodama (United States Patent Application Publication 2008/0266526). With respect to claim 14, Akiyama in view of Mi discloses the projection display apparatus according to claim 9, but does not disclose wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band. Kodama discloses wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band ([0093]: As illustrated in FIG. 7, an image projection apparatus includes a light source (first light source) 61 for green light (for first color light, or for light in a first wavelength range), and another light source 62 (second light source) for blue light and red light (for second color light and third color light, for light in second and third wavelength ranges, or for second and third liquid crystal display elements).). It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Akiyama in view of Mi with the teaching of Kodama so that wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band to enhance spectral purity. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Homma (WO 2018029987 A1) in view of Kodama (United States Patent Application Publication 2008/0266526). With respect to claim 14, Homma discloses the projection display apparatus according to claim 9, but does not disclose wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band. Kodama discloses wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band ([0093]: As illustrated in FIG. 7, an image projection apparatus includes a light source (first light source) 61 for green light (for first color light, or for light in a first wavelength range), and another light source 62 (second light source) for blue light and red light (for second color light and third color light, for light in second and third wavelength ranges, or for second and third liquid crystal display elements).). It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Homma with the teaching of Kodama so that wherein the plurality of light sources includes a green light source that emits light of a green band, a blue light source that emits light of a blue band, and a red light source that emits light of a red band to enhance spectral purity. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY L. BROOKS whose telephone number is (571)270-5711. The examiner can normally be reached M-F 9:00-4:00 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, Toan Ton can be reached at 5712722303. 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. /JERRY L BROOKS/Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Sep 29, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
85%
With Interview (+15.7%)
2y 7m
Median Time to Grant
Low
PTA Risk
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