Prosecution Insights
Last updated: October 02, 2026
Application No. 18/732,729

PANCHARATNAM-BERRY PHASE OPTICAL ELEMENT AND METHOD OF PRODUCING THE SAME

Final Rejection §103
Filed
Jun 04, 2024
Priority
Jun 06, 2023 — JP 2023-093204 +1 more
Examiner
QURESHI, MARIAM
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sharp Display Technology Corporation
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
506 granted / 670 resolved
+7.5% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
46 currently pending
Career history
699
Total Applications
across all art units

Statute-Specific Performance

§103
58.8%
+18.8% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 670 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-2, 5-6, 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al (US Publication No.: US 2018/0143470 A1 of record, “Oh”). Regarding Claim 1, Oh discloses a Pancharatnam-Berry phase optical element (Paragraph 0105) comprising: A photoalignment film (Paragraph 0119; Figures 11A-11B, photoalignment film 1100); and A liquid crystal layer in contact with the photoalignment film (Figure 12A, photoalignment film 1205, liquid crystal layer 1203), wherein The liquid crystal layer includes alignment domains with reference alignment azimuths of liquid crystal molecules defined by the photoalignment film, the reference alignment azimuths being different from one another (Figure 16B, alignment domains 1680, 1682, 1686, 1688), The alignment domains include first alignment domains and second alignment domains, with each of the second alignment domains being positioned between two of the first alignment domains and in contact with each of the two first alignment domains (second alignments domains 1684, first alignment domains 1680, 1682, 1686, 1688), A difference in reference alignment azimuth between the first alignment domains being not 90° (Figure 16B discloses a difference in a reference alignment azimuth between first alignment domains 1682 and 1686 that is greater than 90°). The first embodiment of Oh fails to explicitly disclose that when a predetermined reference azimuth is set to 0°: the first alignment domains include a reference alignment domain whose reference alignment azimuth is 0°, a third alignment domain whose reference alignment azimuth is 60°, 80°, 85*, 950, 1000, or 120°, a fourth alignment domain adjacent to one side of the third alignment domain via one of the second alignment domains, and a fifth alignment domain adjacent to the other side of the third alignment domain via one of the second alignment domains, the reference alignment domain is at least one of the fourth alignment domain and the fifth alignment domain, and a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fourth alignment domain is different from a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fifth alignment domain. However, another embodiment of Oh discloses a similar optical element where when a predetermined reference azimuth is set to 0°: the first alignment domains include a reference alignment domain whose reference alignment azimuth is 0°, a third alignment domain whose reference alignment azimuth is 60°, 80°, 85*, 950, 1000, or 120°, a fourth alignment domain adjacent to one side of the third alignment domain via one of the second alignment domains, and a fifth alignment domain adjacent to the other side of the third alignment domain via one of the second alignment domains, the reference alignment domain is at least one of the fourth alignment domain and the fifth alignment domain, and a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fourth alignment domain is different from a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fifth alignment domain (Oh, Figure 10B discloses a 0° fifth alignment domain 1001c, a 60° third alignment domain 1001b, and a 90° fourth alignment domain 1001a; Paragraph 0111). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the alignment domains as disclosed by the first embodiment of Oh to have particular angular values as disclosed by another embodiment of Oh. One would have been motivated to do so for the purpose of optimizing light steering for VR display systems (Oh, Paragraph 0109). Regarding Claim 2, Oh discloses the Pancharatnam-Berry phase optical element according to claim 1, wherein the first alignment domains include four or more types of alignment domains (Figure 16B discloses four first alignment domains 1680, 1682, 1686, 1688). Regarding Claim 5, Oh discloses a Pancharatnam-Berry phase optical element (Paragraph 0105) comprising: A photoalignment film (Paragraph 0119; Figures 11A-11B, photoalignment film 1100); and A liquid crystal layer in contact with the photoalignment film (Figure 12A, photoalignment film 1205, liquid crystal layer 1203), wherein The liquid crystal layer includes alignment domains with reference alignment azimuths of liquid crystal molecules defined by the photoalignment film, the reference alignment azimuths being different from one another (Figure 16B, alignment domains 1680, 1682, 1686, 1688), A difference in reference alignment azimuth between the alignment domains being not 90° (Figure 16B discloses a difference in a reference alignment azimuth between alignment domains 1682 and 1686 that is greater than 90°). The first embodiment of Oh fails to explicitly disclose that when a predetermined reference azimuth is set to 0°: the first alignment domains include a reference alignment domain whose reference alignment azimuth is 0°, a third alignment domain whose reference alignment azimuth is 60°, 80°, 85*, 950, 1000, or 120°, a fourth alignment domain adjacent to one side of the third alignment domain via one of the second alignment domains, and a fifth alignment domain adjacent to the other side of the third alignment domain via one of the second alignment domains, the reference alignment domain is at least one of the fourth alignment domain and the fifth alignment domain, and a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fourth alignment domain is different from a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fifth alignment domain. However, another embodiment of Oh discloses a similar optical element where when a predetermined reference azimuth is set to 0°: the first alignment domains include a reference alignment domain whose reference alignment azimuth is 0°, a third alignment domain whose reference alignment azimuth is 60°, 80°, 85*, 950, 1000, or 120°, a fourth alignment domain adjacent to one side of the third alignment domain via one of the second alignment domains, and a fifth alignment domain adjacent to the other side of the third alignment domain via one of the second alignment domains, the reference alignment domain is at least one of the fourth alignment domain and the fifth alignment domain, and a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fourth alignment domain is different from a difference between the reference alignment azimuth of the third alignment domain and the reference alignment azimuth of the fifth alignment domain (Oh, Figure 10B discloses a 0° fifth alignment domain 1001c, a 60° third alignment domain 1001b, and a 90° fourth alignment domain 1001a; Paragraph 0111). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the alignment domains as disclosed by the first embodiment of Oh to have particular angular values as disclosed by another embodiment of Oh. One would have been motivated to do so for the purpose of optimizing light steering for VR display systems (Oh, Paragraph 0109). Regarding Claim 6, Oh discloses the Pancharatnam-Berry phase optical element according to claim 5, wherein the alignment domains include four or more types of alignment domains (Figure 16B discloses four first alignment domains 1680, 1682, 1686, 1688). Regarding Claim 9, Oh discloses the Pancharatnam-Berry phase optical element according to claim 1, wherein in a plan view of the liquid crystal layer, the alignment domains are arranged in a first direction from one end to the other end in the first direction of the liquid crystal layer (Figure 16B discloses alignment domains arranged in a first direction from one end to another). Regarding Claim 10, Oh discloses the Pancharatnam-Berry phase optical element according to claim 1, wherein in a plan view of the liquid crystal layer, the alignment domains are arranged from a center toward an end of the liquid crystal layer, with outer alignment domains surrounding inner alignment domains (Figure 16B, the center alignment domain can be taken as the second alignment domain 1684, where the outer alignment domains 1680, 1682, 1686, 1688 surrounds the inner alignment domain 1684). Regarding Claim 11, Oh discloses the Pancharatnam-Berry phase optical element according to claim 1, wherein with a portion of the liquid crystal layer adjoining to the photoalignment film being defined as an adjoining portion, the reference alignment azimuth of each of the alignment domains corresponds to an alignment azimuth of liquid crystal molecules in a center of the adjoining portion inside the alignment domain (Figures 11-12; Paragraphs 0120-0125). Regarding Claim 12, Oh discloses a method of producing a Pancharatnam-Berry phase optical element, the method comprising: a photoalignment treatment performed on a photoalignment film (Paragraph 0119),wherein the photoalignment treatment includes dividing the photoalignment film into irradiation regions (Figure 11A) and irradiating the irradiation regions with different polarized lights through a photomask (Paragraph 0119); a difference in polarization direction between the polarized lights applied to the irradiation regions is not 90° (Paragraph 0120; Figure 11A). The first embodiment of Oh fails to explicitly disclose that when a predetermined reference azimuth is set to 0°: the irradiation regions include: a reference irradiation region where the polarization direction of the irradiated polarized light is 0°, a first irradiation region where the polarization direction of the irradiated polarized light is 60°, 80°, 85*, 950, 1000, or 120°, a second irradiation region which is adjacent to one side of the first irradiation region with or without partially overlapping the first irradiation regions; and a third irradiation region which is adjacent to the other side of the first irradiation region with or without partially overlapping the first irradiation region, at least one of the second irradiation region and the third irradiation region defines the reference irradiation region, and a different between the polarization direction of the polarized light irradiated onto the first irradiation region and the polarization direction of the polarized light irradiated onto the second irradiation region is different from a difference between the polarization direction of the polarized light irradiated onto the first irradiation region and the polarization direction of the polarized light irradiated onto the third irradiation region. However, another embodiment of Oh discloses a similar method where when a predetermined reference azimuth is set to 0°: the irradiation regions include: a reference irradiation region where the polarization direction of the irradiated polarized light is 0°, a first irradiation region where the polarization direction of the irradiated polarized light is 60°, 80°, 85*, 950, 1000, or 120°, a second irradiation region which is adjacent to one side of the first irradiation region with or without partially overlapping the first irradiation regions; and a third irradiation region which is adjacent to the other side of the first irradiation region with or without partially overlapping the first irradiation region, at least one of the second irradiation region and the third irradiation region defines the reference irradiation region, and a different between the polarization direction of the polarized light irradiated onto the first irradiation region and the polarization direction of the polarized light irradiated onto the second irradiation region is different from a difference between the polarization direction of the polarized light irradiated onto the first irradiation region and the polarization direction of the polarized light irradiated onto the third irradiation region (Oh, Figure 10B discloses a 0° second irradiation region 1001c, a 60° first irradiation region 1001b, and a 90° third irradiation region 1001a; Paragraph 0111). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the alignment domains as disclosed by the first embodiment of Oh to have particular angular values as disclosed by another embodiment of Oh. One would have been motivated to do so for the purpose of optimizing light steering for VR display systems (Oh, Paragraph 0109). Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Zhao et al (US Publication No.: US 2021/0080720 A1 of record, “Zhao”). Regarding Claim 3, Oh discloses the Pancharatnam-Berry phase optical element according to claim 1. Oh fails to disclose that with a predetermined reference azimuth being set to 0°, the first alignment domains include an alignment domain where the reference alignment azimuth is 0° but not an alignment domain where the reference alignment azimuth is 90°. However, Zhao discloses a similar Pancharatnam-Berry phase optical element where with a predetermined reference azimuth being set to 0°, the first alignment domains include an alignment domain where the reference alignment azimuth is 0° but not an alignment domain where the reference alignment azimuth is 90° (Zhao, Figure 3B discloses a first alignment domain that has a 0° reference alignment azimuth; Paragraphs 0048-0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the optical element as disclosed by Oh to have a particular azimuth alignment as disclosed by Zhao. One would have been motivated to do so for the purpose of optimizing light transmittance (Zhao, Paragraph 0048). Regarding Claim 7, Oh discloses the Pancharatnam-Berry phase optical element according to claim 5. Oh fails to disclose that with a predetermined reference azimuth being set to 0°, the alignment domains include an alignment domain where the reference alignment azimuth is 0° but not an alignment domain where the reference alignment azimuth is 90°. However, Zhao discloses a similar Pancharatnam-Berry phase optical element where with a predetermined reference azimuth being set to 0°, the alignment domains include an alignment domain where the reference alignment azimuth is 0° but not an alignment domain where the reference alignment azimuth is 90° (Zhao, Figure 3B discloses a first alignment domain that has a 0° reference alignment azimuth; Paragraphs 0048-0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the optical element as disclosed by Oh to have a particular azimuth alignment as disclosed by Zhao. One would have been motivated to do so for the purpose of optimizing light transmittance (Zhao, Paragraph 0048). Allowable Subject Matter Claims 13-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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 MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARIAM QURESHI/Examiner, Art Unit 2871
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Prosecution Timeline

Jun 04, 2024
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §103
Jul 08, 2026
Response Filed
Jul 22, 2026
Final Rejection mailed — §103
Sep 22, 2026
Interview Requested
Sep 28, 2026
Examiner Interview Summary
Sep 28, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+22.3%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 670 resolved cases by this examiner. Grant probability derived from career allowance rate.

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