Prosecution Insights
Last updated: July 17, 2026
Application No. 18/622,835

PATTERN PROJECTION AND DETECTION USING FLAT OPTICS

Final Rejection §102§103
Filed
Mar 29, 2024
Priority
Mar 30, 2023 — provisional 63/493,004
Examiner
KO, TONY
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
2Pi Inc.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
780 granted / 888 resolved
+19.8% vs TC avg
Minimal +2% lift
Without
With
+2.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
903
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
43.8%
+3.8% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 888 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 . This office action is in response to amendment filed on 3/16/2026. Currently claims 1-21 are pending. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-8 and 9-21 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Hu et al (numerals and paragraph numbers used in the OA is based upon US 20240418907. The PCT filing date and US 63/283803 dates are relied upon for the rejection under 35 U.S.C. 102(a)(2)). Regarding claim 1, Hu et al teach an optical pattern projection device, comprising: one or more light emitter (emitter array – [0058]); and a first optical metasurface (610) coupled to the one or more light emitter, configured to project, reshape and/or split light beams generated by the one or more light emitters to generate a projected light pattern, the first optical metasurface containing at least two superposed phase profiles (zone 1, zone 2) formed in a single flat optics layer, the at least two phase profiles performing different functions ([0059-61] outer zone 2 of MS-1 deflect while zone 1 selectively allowing passing of certain state such as polarization, wavelength) in from each other, each of the at least two phase profiles being configured to modulate, collimate, focus, diverge, deflect, shape split, diffract or diffuse the light beams from the one or more light emitters. Regarding claim 2, Hu et al teach a second optical metasurface (620) spaced apart (630) from the first optical metasurface, the second optical metasurface containing a light shaping and/or projection phase profile configured to modulate, collimate, focus, diverge, diffuse, and/or deflect the light beams ([0056-0058]) from the one or more light emitters (light emitting array), wherein the first and second optical metasurfaces cooperate with each other to produces a defined relationship between light emitter position or light property and corresponding beam projection angle or light property ([0056-0058]). Regarding claim 3, Hu et al teach the defined relationship is a linear relationship between light emitter position and beam projection angle (see figure 6, where light is being projected from element 660 and create projection angle perpendicular to element 610). Regarding claim 4, Hu et al teach (see at least figure 6) the first and second optical metasurfaces have identical sizes. Regarding claim 5, Hu et al teach at least one of the at least two superposed phase profiles is configured to split or diffract light (see solid/dash line diffracted shown in figure 6) so as to spatially or angularly distribute the light beam from each of the one or more light emitters into multiple channels. Regarding claim 6, Hu et al teach a plurality of light emitters, wherein the projected light pattern including a plurality of sub-patterns each corresponding to one of the light emitters. That is, the emitter array ([0058]) includes multiple emitters, and each of the projected light by each of the emitters are construed as sub-patterns. Regarding claim 7, Hu et al teach the plurality of sub- patterns are identical in shape and are shifted in positions relative to each other, and wherein the plurality of sub-patterns either overlap each other or are non-overlapping with each other. That is, the emitter array includes plurality of light emitting elements located in different locations which is shifted. The emitted light by shifted emitters are also shifted by elements 610 and 620. Regarding claim 8, Hu et al teach (see figure 6) the projected light pattern is a 2-D or 3-D pattern including one or more of arrays of dots, lines, matrices, letters, graphics, holograms, random patterns, gray-scale patterns, uniform patterns, and diffusive patterns. Regarding claim 10, Hu et al teach a spacer (630) positioned between the first optical metasurface and the one or more light emitters. Regarding claim 11, Hu et al teach (fig. 6) the first optical metasurface is flat, curved, or conformally integrated with its substrate. Regarding claim 12, Hu et al teach (array of emitters) the one or more light emitters are one or more light sources, one or more optical channels, an image, or a light pattern. Regarding claim 13, Hu et al teach ([0056-0058]) a plurality of light emitters, wherein the first optical metasurface is configured to provide different responses for different properties of light from the plurality of light emitters, wherein the properties of light are a wavelength, a polarization, an angle of-incidence, or an intensity of the light beam. Regarding claim 14, Hu et al teach the light emitter or plurality of light emitters are configured to emit light beams with same (same emitter array) or different properties of light, wherein the properties of light are a wavelength, a polarization, a beam divergence, or an order. Regarding claim Claim 15, Hu et al teach an optical pattern detection device which includes: another optical metasurface (620) configured to modulate, shape, collimate, focus, diverge, deflect, split, diffract, or diffuse the light beams; and one or more multiple light receivers coupled to the other optical metasurface. Regarding claim 16, Hu et al teach (Fig. 6) the first optical metasurface and the other optical metasurface are formed on separate, partially overlapping, or fully overlapping portions of a same substrate. Regarding claim 17, Hu et al teach the light receiver includes photodetectors ([0057]-detector array) or optical channels. Regarding claim 18, Hu et al teach a light emitter array ([0058-65] – emitter array) including a plurality of light emitters; and one or more flat optics layers (610 and 620), configured to project and split light beams generated by the plurality of light emitters (3 point sources shown in figure 7A) to generate a projected light pattern ([0058-0065] – see also figure 7A), the projected light pattern including a plurality of sub-patterns (7A shows the overlapping of the projected light) each corresponding to one of the light emitters, wherein the sub-patterns are identical in shape, are shifted in position relative to each other, and overlap each other (see figure 7A). Regarding claim 19, Hu et al teach the optical pattern projection device of claim 18, further comprising an optical pattern detection device which includes: another flat optics layer (620) configured to modulate, shape, collimate, focus, diverge, deflect, split, diffract, or diffuse the light beams; and a light receiver coupled (optically) to the other flat optics layer. Regarding claim 20, Hu et al teach an optical pattern projection device, comprising: a light emitter array ([0058]) including a plurality of light emitters; and a flat optics layer (620) coupled to the light emitter array, configured to project, reshape and/or split light beams generated by the plurality of light emitters to generate a projected light pattern, the projected light pattern including a plurality of sub-patterns (each of the light emitter generate light that is construed as a sub pattern) each corresponding to one of the light emitters, wherein the flat optics layer includes superposed phase profiles (different profile for light of different polarization), including a phase profile (polarization) for beam collimation and projection in which different regions of the flat optics are configured for coupling light beams from different light emitters, and a beam splitting phase profile configured to spatially distribute the light beam from each light emitter into multiple channels (see figure 7 where 7A shows when 660 is an emitter array located on the right hand side of figure 7A, the resultant of the projection ends on the left hand side of figure 7A). Regarding claim 21, he optical pattern projection device of claim 20, further comprising an optical pattern detection device which includes: another flat optics layer (620) configured to modulate, shape, collimate, focus, diverge, deflect, split, diffract, or diffuse the light beams; and a light receiver coupled (optically) to the other flat optics layer. 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. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al in view of Hu et al (US Patent 11206978). Regarding claim 9, Hu et al teach the invention set forth above. Hu et al (‘907 publication) do not specifically teach the projected light pattern reaches a diagonal field of view of approximately 170 degrees. Hu et al teach (‘978 patent) teach FOV between 70-200 degrees. It would have been obvious at the time of invention to design optical element having projection diagonal field of view approximately 170 degrees to create wider field of view. Response to Arguments Applicant's arguments filed 3/16/2026 have been fully considered but they are not persuasive. With respect to claim 1, applicant argues “[0056] does not teach that the single metasurfaace MS-1 (or MS-2) ‘contain[s] at least two superposed phase profiles formed in a single flat optics layer’ as recited in amended claim”. [0060] of Hu teaches “horizontally polarized light (indicated by the solid rays in Fig. 6) entering one or more selected zones of the metasurface (e.g., outer zone 2 of MS-1 in Fig. 6) may be deflected and trapped inside the first substrate via total internal reflection as illustrate, while vertically polarized light (indicated by the dashed rays) is transmitted through the same zone(s) and reshaped.” Fig. 6 clears shows Metasurface Ms-1 containing two phase profiles performing different functions from each other and are formed in a single optics layer. Regarding claim 18, applicant argues [0058-0060] along with Figure 7A does not “meet the requirements of claim 18”. Applicant further argues “Figure 7A does not teach or suggest generating ‘a plurality of sub-patterns each corresponding to one of the light emitter, wherein the sub-patterns are identical in chape, are shifted in position relative to each other, and overlap each other”. PNG media_image1.png 772 1142 media_image1.png Greyscale There is at least one overlapping sub-patterns indicated by the rectangle shown aobve. Furthermore, [0064-0068] teaches light emitting array (micro-leds) can be used for high quality image production. The micro-leds are understood to have same/similar specs results in similar optical characteristic as shown in figure 7A. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm. 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, Georgia Epps can be reached at 571-272-2328. 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. /TONY KO/Primary Examiner, Art Unit 2878 TK
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Prosecution Timeline

Mar 29, 2024
Application Filed
Sep 15, 2025
Non-Final Rejection mailed — §102, §103
Mar 16, 2026
Response Filed
May 01, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
88%
Grant Probability
90%
With Interview (+2.4%)
2y 5m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 888 resolved cases by this examiner. Grant probability derived from career allowance rate.

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