Prosecution Insights
Last updated: April 19, 2026
Application No. 18/731,360

POLARIZATION-INSENSITIVE DEVICE, APPARATUS, AND OPTICAL NETWORK SYSTEM

Non-Final OA §102§103§112
Filed
Jun 03, 2024
Examiner
MERLIN, JESSICA M
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
3y 0m
To Grant
85%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
714 granted / 1158 resolved
-6.3% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
55 currently pending
Career history
1213
Total Applications
across all art units

Statute-Specific Performance

§103
61.8%
+21.8% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1158 resolved cases

Office Action

§102 §103 §112
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 . 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. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 9, 2026 has been entered. Response to Amendment Receipt is acknowledged of applicant’s amendment filed December 17, 2026. Claims 1-20 are pending and an action on the merits is as follows. Response to Arguments Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In regard to independent claims 1 and 12, applicant’s arguments, on pages 7-12 of the Remarks, that the previously applied prior art fails to disclose all of the limitations of claims 1 and 12, as newly amended, have been fully considered and are appreciated. However, the newly cited rejection, necessitated by amendment, discloses all of the limitations of claims 1 and 12, as set forth below. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In regard to independent claim 1, the limitation, “having a first light component in a first polarization direction” renders the scope of the claim unclear. Namely, it is unclear if the “first polarization direction” is of the light before or after the first pass through the liquid crystal layer. For examination purposes, it is presumed that either satisfies the limitation. Similar arguments apply to independent claim 12. Claims 2-11 and 13-20 depend from claims 1 and 12. 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)(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 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan et al. (US 8,203,691 B2). In regard to claim 1, Yuan et al. disclose a polarization-insensitive device, comprising (see e.g. Figure 2): a liquid crystal layer 201 (denoted LC switch cell, see e.g. Figure 2 and Column 4, lines 67-68) having a first side and a second side (i.e. left and right sides in Figure 2, respectively); and an adjustment layer 202, 203, 204 (i.e. including birefringent crystal 202, mirror 203 and quarter wave plate 204, see e.g. Figure 2 Column 4, lines 64-Column 5, line 8) stacked with the liquid crystal layer 201, the liquid crystal layer 201 being positioned in overlying relation with the adjustment layer 202, 203, 204, the second side of the liquid crystal layer 201 abutting against the adjustment layer, wherein 202, 203, 204: the liquid crystal layer 201 performs, under action of an electric field applied to the liquid crystal layer 201 (see e.g. Column 5, line 23 for voltage), first phase adjustment on a light input from the first side (i.e. optical signal 220 is incident at 201 in Figure 2) and having a first light component in a first polarization direction (see e.g. Figure 2 and note that the light has a polarization before and after traversing the liquid crystal layer), the adjustment layer 202, 203, 204 obtains a first light beam and a second light beam based (i.e. s or p polarized depending on applied voltage, see e.g. Column 5, lines34-36 and Column 6, lines 25-27) on the first light component in the first polarization direction (i.e. p polarization) that passes through the liquid crystal layer 201 and return the first light beam and the second light beam to the liquid crystal layer 201 (see e.g. Figure 2 and note that the light may have polarization rotated or not rotated depending on the state of the liquid crystal layer, thus a first and second beam and is reflected at mirror 203 to be returned to the liquid crystal layer); second phase adjustment and polarization direction adjustment are performed on the first light beam at the adjustment layer 202, 203, 204 and not performed on the second light beam at the adjustment layer, polarization direction adjustment being perpendicular to a polarization direction of the first light beam obtained prior to adjustment of the polarization direction (see e.g. Figure 2 and note that the light on path 220a does not have its polarization rotated at the liquid crystal layer on the second pass, but the light path 220b does have its polarization rotated at the liquid crystal layer on the second pass); wherein the first light beam and the second light beam have different propagation directions after passing through the liquid crystal layer 201 (see e.g. Figure 2 and note the two separate paths of light propagation). In regard to claim 12, Yuan et al. discloses an apparatus configured to perform phase adjustment on light by using a polarization insensitive device, that comprises (see e.g. Figure 2): a liquid crystal layer 201 (denoted LC switch cell, see e.g. Figure 2 and Column 4, lines 67-68) having a first side and a second side (i.e. left and right sides in Figure 2, respectively); and an adjustment layer 202, 203, 204 (i.e. including birefringent crystal 202, mirror 203 and quarter wave plate 204, see e.g. Figure 2 Column 4, lines 64-Column 5, line 8) stacked with the liquid crystal layer 201, the liquid crystal layer 201 being positioned in overlying relation with the adjustment layer 202, 203, 204, the second side of the liquid crystal layer 201 abutting against the adjustment layer, wherein 202, 203, 204: the liquid crystal layer 201 performs, under action of an electric field applied to the liquid crystal layer 201 (see e.g. Column 5, line 23 for voltage), first phase adjustment on a light input from the first side (i.e. optical signal 220 is incident at 201 in Figure 2) and having a first light component in a first polarization direction (see e.g. Figure 2 and note that the light has a polarization before and after traversing the liquid crystal layer), the adjustment layer 202, 203, 204 obtains a first light beam and a second light beam based (i.e. s or p polarized depending on applied voltage, see e.g. Column 5, lines34-36 and Column 6, lines 25-27) on the first light component in the first polarization direction (i.e. p polarization) that passes through the liquid crystal layer 201 and return the first light beam and the second light beam to the liquid crystal layer 201 (see e.g. Figure 2 and note that the light may have polarization rotated or not rotated depending on the state of the liquid crystal layer, thus a first and second beam and is reflected at mirror 203 to be returned to the liquid crystal layer); second phase adjustment and polarization direction adjustment are performed on the first light beam at the adjustment layer 202, 203, 204 and not performed on the second light beam at the adjustment layer, polarization direction adjustment being perpendicular to a polarization direction of the first light beam obtained prior to adjustment of the polarization direction (see e.g. Figure 2 and note that the light on path 220a does not have its polarization rotated at the liquid crystal layer on the second pass, but the light path 220b does have its polarization rotated at the liquid crystal layer on the second pass); wherein the first light beam and the second light beam have different propagation directions after passing through the liquid crystal layer 201 (see e.g. Figure 2 and note the two separate paths of light propagation). 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 2-11 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (US 8,203,691 B2) in view of Frisken et al. (US 2013/0070326 A1). In regard to claim 2, Yuan et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the adjustment layer comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group and a second adjustment structure group that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees]. However, Frisken et al. discloses (see e.g. Figures 5, 15 and paragraphs [0065], [0078]-[0079]), wherein the adjustment layer (i.e. grating structures 66, 68) comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group 66 and a second adjustment structure group 68 that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees] (see e.g. paragraph [0078] and note an angle of 90 degrees, which falls within applicant’s claimed range). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the adjustment layer comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group and a second adjustment structure group that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees]. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.) In regard to claim 3, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein the longest central axis of the adjustment structure in the first adjustment structure group is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group. However, Frisken et al. discloses wherein the longest central axis of the adjustment structure in the first adjustment structure group 66 is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group 68 (see e.g. paragraph [0078] and the directions are perpendicular). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the longest central axis of the adjustment structure in the first adjustment structure group is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 4, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein the adjustment structure is in a rod shape or an ellipsoid shape. However, Frisken et al. discloses (see e.g. Figures 5, 6, 15 and note at least a rod shape): wherein the adjustment structure is in a rod shape or an ellipsoid shape. Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the adjustment structure is in a rod shape or an ellipsoid shape. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 5, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein the first adjustment structure group and the second adjustment structure group comprise at least two adjustment structures that are sequentially arranged in the first direction, and phase retardance amounts, of the first part of the adjusted first light component, on the at least two adjustment structures are in ascending order or descending order. However, Frisken et al. discloses (see e.g. Figure 15): wherein the first adjustment structure group and the second adjustment structure group comprise at least two adjustment structures that are sequentially arranged in the first direction, and phase retardance amounts, of the first part of the adjusted first light component, on the at least two adjustment structures are in ascending order or descending order (see e.g. Figure 15 and paragraph [0078] and note that alternating grating orientation regions will perform a different phase retardance in each region and will either be ascending or descending). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the first adjustment structure group and the second adjustment structure group comprise at least two adjustment structures that are sequentially arranged in the first direction, and phase retardance amounts, of the first part of the adjusted first light component, on the at least two adjustment structures are in ascending order or descending order. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 6, Yuan et al. discloses the limitations as applied to claim 5 above, but fails to disclose wherein the phase retardance amounts on the at least two adjustment structures are in linear ascending order or linear descending order. However, Frisken et al. discloses wherein the phase retardance amounts on the at least two adjustment structures are in linear ascending order or linear descending order (see e.g. Figure 15 and paragraph [0078] and note that alternating grating orientation regions will perform a different phase retardance in each region and will either be ascending or descending). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the phase retardance amounts on the at least two adjustment structures are in linear ascending order or linear descending order. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 7, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein the polarization-insensitive device meets at least one of the following conditions: a quantity of adjustment structures in the first adjustment structure group is the same as a quantity of adjustment structures in the second adjustment structure group; adjustment structures with a same ranking in the first adjustment structure group and the second adjustment structure group have a same size; or for an adjustment structure group in the first adjustment structure group and the second adjustment structure group, when a quantity of adjustment structures in the adjustment structure group is greater than 1, sizes of different adjustment structures in the adjustment structure group are different. However, Frisken et al. discloses wherein the polarization-insensitive device meets at least one of the following conditions: a quantity of adjustment structures in the first adjustment structure group is the same as a quantity of adjustment structures in the second adjustment structure group (see e.g. Figures 5, 6, 15 and note that the number of grating structures is equal between groups); adjustment structures with a same ranking in the first adjustment structure group and the second adjustment structure group have a same size; or for an adjustment structure group in the first adjustment structure group and the second adjustment structure group, when a quantity of adjustment structures in the adjustment structure group is greater than 1, sizes of different adjustment structures in the adjustment structure group are different. Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the polarization-insensitive device meets at least one of the following conditions: a quantity of adjustment structures in the first adjustment structure group is the same as a quantity of adjustment structures in the second adjustment structure group; adjustment structures with a same ranking in the first adjustment structure group and the second adjustment structure group have a same size; or for an adjustment structure group in the first adjustment structure group and the second adjustment structure group, when a quantity of adjustment structures in the adjustment structure group is greater than 1, sizes of different adjustment structures in the adjustment structure group are different. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 8, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein phase retardance amounts, of the first light beam existing before passing through the adjustment layer, on different adjustment structures arranged in a direction perpendicular to the first direction are the same. However, Frisken et al. discloses wherein phase retardance amounts, of the first light beam existing before passing through the adjustment layer, on different adjustment structures arranged in a direction perpendicular to the first direction are the same (see e.g. Figure 5, paragraph [0065] and note that the light, after passing through the liquid crystal layer, but before the adjustment layer, will have a same phase retardance). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein phase retardance amounts, of the first light beam existing before passing through the adjustment layer, on different adjustment structures arranged in a direction perpendicular to the first direction are the same. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 9, Yuan et al. disclose the limitations as applied to claim 8 above, but fails to disclose wherein longest central axes of the different adjustment structures arranged in the direction perpendicular to the first direction are parallel, and/or the different adjustment structures arranged in the direction perpendicular to the first direction have a same size. However, Frisken et al. discloses wherein longest central axes of the different adjustment structures arranged in the direction perpendicular to the first direction are parallel, and/or the different adjustment structures arranged in the direction perpendicular to the first direction have a same size (see e.g. Figure 5 and Figure 15 and note at least some of the structures meet both limitations). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein longest central axes of the different adjustment structures arranged in the direction perpendicular to the first direction are parallel, and/or the different adjustment structures arranged in the direction perpendicular to the first direction have a same size. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 10, Yuan et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein for an adjustment structure of the plurality of adjustment structures, a range of a difference between a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in an extension direction of a longest central axis of the adjustment structure and a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in a direction perpendicular to the extension direction is [0.92, 1.12]; and a range of an included angle between the longest central axis of the adjustment structure and a major axis of a liquid crystal in the liquid crystal layer to which no electric field is applied is [40 degrees, 50 degrees]. However, Frisken et al. discloses wherein for an adjustment structure of the plurality of adjustment structures, a range of a difference between a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in an extension direction of a longest central axis of the adjustment structure and a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in a direction perpendicular to the extension direction is [0.9π, 1.1 π] (see e.g. paragraph [0059] where it is noted that the relative phase difference is 180 degrees or π). Frisken et al. fails to disclose a range of an included angle between the longest central axis of the adjustment structure and a major axis of a liquid crystal in the liquid crystal layer to which no electric field is applied is [40 degrees, 50 degrees]. However, one of ordinary skill in the art at the time of the invention would recognize using a range of an included angle between the longest central axis of the adjustment structure and a major axis of a liquid crystal in the liquid crystal layer to which no electric field is applied is [40 degrees, 50 degrees], since it has been held that where the general condition of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. It is noted that the angle of the liquid crystal layer is a boundary condition that is set based on an initial alignment treatment and generally chosen based on a mode of operation of the layer which has predictable behavior. Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein for an adjustment structure of the plurality of adjustment structures, a range of a difference between a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in an extension direction of a longest central axis of the adjustment structure and a phase retardance amount, of the first part of the adjusted first light component, on the adjustment structure in a direction perpendicular to the extension direction is [0.9 π, 1.1 π]; and a range of an included angle between the longest central axis of the adjustment structure and a major axis of a liquid crystal in the liquid crystal layer to which no electric field is applied is [40 degrees, 50 degrees]. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 11, Yuan et al. discloses the limitations as applied to claim 10 above, but fails to disclose wherein the difference between the phase retardance amounts is π, and/or the included angle between the longest central axis of the adjustment structure and the major axis of the liquid crystal in the liquid crystal layer to which no electric field is applied is 45 degrees. However, Frisken et al. discloses wherein the difference between the phase retardance amounts is π (see e.g. paragraph [0059] where it is noted that the relative phase difference is 180 degrees or π), and/or the included angle between the longest central axis of the adjustment structure and the major axis of the liquid crystal in the liquid crystal layer to which no electric field is applied is 45 degrees. Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the difference between the phase retardance amounts is π, and/or the included angle between the longest central axis of the adjustment structure and the major axis of the liquid crystal in the liquid crystal layer to which no electric field is applied is 45 degrees. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 18, Yuan et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the adjustment layer comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group and a second adjustment structure group that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees]. However, Frisken et al. discloses (see e.g. Figures 5, 15 and paragraphs [0065], [0078]-[0079]), wherein the adjustment layer (i.e. grating structures 66, 68) comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group 66 and a second adjustment structure group 68 that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees] (see e.g. paragraph [0078] and note an angle of 90 degrees, which falls within applicant’s claimed range). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the adjustment layer comprises a plurality of adjustment structures that are arranged at intervals, and the plurality of adjustment structures comprise a first adjustment structure group and a second adjustment structure group that are alternately arranged in a first direction; and a range of an included angle between a longest central axis of an adjustment structure in the first adjustment structure group and a longest central axis of an adjustment structure in the second adjustment structure group is [80 degrees, 100 degrees]. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.) In regard to claim 19, Yuan et al. discloses the limitations as applied to claim 18 above, but fails to disclose wherein the longest central axis of the adjustment structure in the first adjustment structure group is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group. However, Frisken et al. discloses wherein the longest central axis of the adjustment structure in the first adjustment structure group 66 is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group 68 (see e.g. paragraph [0078] and the directions are perpendicular). Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the longest central axis of the adjustment structure in the first adjustment structure group is perpendicular to the longest central axis of the adjustment structure in the second adjustment structure group. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). In regard to claim 20, Yuan et al. discloses the limitations as applied to claim 18 above, but fails to disclose wherein the adjustment structure is in a rod shape or an ellipsoid shape. However, Frisken et al. discloses (see e.g. Figures 5, 6, 15 and note at least a rod shape): wherein the adjustment structure is in a rod shape or an ellipsoid shape. Given the teachings of Frisken et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the adjustment structure is in a rod shape or an ellipsoid shape. Doing so would provide grating regions that may be used to provide polarization independence simultaneously with other grating regions that act in a polarizing manner (see e.g. paragraph [0079] of Frisken et al.). Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (US 8,203,691 B2) in view of Ishikawa et al. (US 2008/0298738 A1). In regard to claim 13, Yuan et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the apparatus further comprises a plurality of ports including an input port and a plurality of output ports, wherein the input port is configured to provide light to the first side of the liquid crystal layer, and wherein the polarization-insensitive device is configured to: emit the first light beam existing after passing through the liquid crystal layer to the output port, and emit the second light beam existing after passing through the liquid crystal layer to a direction that deviates from the output port. However, Ishikawa et al. discloses (see e.g. Figure 1): wherein the apparatus further comprises a plurality of ports 8(2c), 9(2a, 2b, 2d, 2e) including an input port 8(2c) and a plurality of output ports 8(2c), 9(2a, 2b, 2d, 2e), wherein the input port 8(2c) is configured to provide light to the first side of the liquid crystal layer (i.e. of optical phase modulation cell 6), and wherein the polarization-insensitive device is configured to: emit the first light beam existing after passing through the liquid crystal layer to the output port (see e.g. paragraph [0069]). Although Ishikawa et al. fails to explicitly disclose wherein the polarization-insensitive device is configured to: emit the second light beam existing after passing through the liquid crystal layer to a direction that deviates from the output port, one of ordinary skill in the art that the device of Ishikawa et al. has a same configuration as the claimed invention and therefore can perform the same function as the claimed invention. Given the teachings of Ishikawa et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the apparatus further comprises a plurality of ports including an input port and a plurality of output ports, wherein the input port is configured to provide light to the first side of the liquid crystal layer, and wherein the polarization-insensitive device is configured to: emit the first light beam existing after passing through the liquid crystal layer to the output port, and emit the second light beam existing after passing through the liquid crystal layer to a direction that deviates from the output port. Doing so would allow the polarization insensitive device to be used to separate an input light beam into separate output beams. In regard to claim 14, Yuan et al. discloses the limitations as applied to claim 13 above, but fails to disclose wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane; the first plane and the second plane are coplanar; and the input port and the plurality of output ports are sequentially arranged in a direction parallel to the first plane and the polarization-insensitive device, and the polarization-insensitive device is perpendicular to the first plane. However, Ishikawa et al. discloses the input port 8(2c) and the plurality of output ports 9(2a, 2b, 2d, 2e) are sequentially arranged in a direction parallel to the first plane and the polarization-insensitive device, and the polarization-insensitive device is perpendicular to the first plane (see e.g. Figure 1). Although Ishikawa et al. fails to explicitly disclose wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane; the first plane and the second plane are coplanar, one of ordinary skill in the art that the device of Ishikawa et al. has a same configuration as the claimed invention and therefore can perform the same function as the claimed invention. Given the teachings of Ishikawa et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane; the first plane and the second plane are coplanar; and the input port and the plurality of output ports are sequentially arranged in a direction parallel to the first plane and the polarization-insensitive device, and the polarization-insensitive device is perpendicular to the first plane. Doing so would allow the polarization insensitive device to be used to separate an input light beam into separate output beams. In regard to claim 15, Yuan et al. discloses the limitations as applied to claim 13 above, but fails to disclose wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane, and an included angle between the first plane and the second plane is greater than zero degrees; and the plurality of ports are sequentially arranged in a direction parallel to the first plane and a reference plane, and the reference plane is perpendicular to the first plane; and the polarization-insensitive device rotates by θ/2 relative to the reference plane, wherein θ =α - β, and α represents an adjustment angle of the polarization-insensitive device for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer, and β represents an adjustment angle of a part of the polarization-insensitive device except the adjustment layer for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer. However Ishikawa discloses the plurality of ports 8(2c), 9(2a, 2b, 2d, 2e) are sequentially arranged in a direction parallel to the first plane and a reference plane, and the reference plane is perpendicular to the first plane (see e.g. Figure 1). Ishikawa et al. fails to explicitly disclose “wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane, and an included angle between the first plane and the second plane is greater than zero degrees; and the polarization-insensitive device rotates by θ/2 relative to the reference plane, wherein θ =α - β, and α represents an adjustment angle of the polarization-insensitive device for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer, and β represents an adjustment angle of a part of the polarization-insensitive device except the adjustment layer for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer.” However, one of ordinary skill in the art that the device of Ishikawa et al. has a same configuration as the claimed invention and therefore can perform the same function as the claimed invention. Given the teachings of Ishikawa et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein propagation paths of the first light component in the first polarization direction before and after passing through the liquid crystal layer are both on a first plane, and propagation paths of the first light beam and the second light beam emitted from the adjustment layer to the liquid crystal layer are both on a second plane, and an included angle between the first plane and the second plane is greater than zero degrees; and the plurality of ports are sequentially arranged in a direction parallel to the first plane and a reference plane, and the reference plane is perpendicular to the first plane; and the polarization-insensitive device rotates by θ/2 relative to the reference plane, wherein θ =α - β, and α represents an adjustment angle of the polarization-insensitive device for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer, and β represents an adjustment angle of a part of the polarization-insensitive device except the adjustment layer for a propagation direction of the first light beam existing before sequentially passing through the liquid crystal layer and the adjustment layer. Doing so would allow the polarization insensitive device to be used to separate an input light beam into separate output beams. In regard to claim 16, Yuan et al. discloses the limitations as applied to claim 13 above, but fails to disclose wherein the light adjustment apparatus further comprises a lens disposed between the polarization-insensitive device and the plurality of ports. However, Ishikawa et al. discloses (see e.g. Figure 1): wherein the light adjustment apparatus further comprises a lens 4 or 5 disposed between the polarization-insensitive device 6 and the plurality of ports 8(2c), 9(2a, 2b, 2d, 2e). Given the teachings of Ishikawa et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the light adjustment apparatus further comprises a lens disposed between the polarization-insensitive device and the plurality of ports. Doing so would allow the polarization insensitive device to be used to separate an input light beam into separate output beams. In regard to claim 17, Yuan et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the apparatus is an optical network system. However, Ishikawa et al. discloses (see e.g. Figure 9): wherein the apparatus is an optical network system (see e.g. paragraph [0114]). Given the teachings of Ishikawa et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan et al. with wherein the apparatus is an optical network system. Doing so provide a low cost system applied to an optical network (see e.g. paragraph [0116] of Ishikawa et al.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM. 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, Jennifer Carruth can be reached at (571) 272-9791. 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. /JESSICA M MERLIN/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Jun 03, 2024
Application Filed
Apr 21, 2025
Non-Final Rejection — §102, §103, §112
Jul 23, 2025
Response Filed
Sep 15, 2025
Final Rejection — §102, §103, §112
Dec 17, 2025
Response after Non-Final Action
Jan 09, 2026
Request for Continued Examination
Jan 24, 2026
Response after Non-Final Action
Feb 19, 2026
Non-Final Rejection — §102, §103, §112 (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
62%
Grant Probability
85%
With Interview (+23.6%)
3y 0m
Median Time to Grant
High
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