Prosecution Insights
Last updated: July 17, 2026
Application No. 18/734,945

OPTICAL ELEMENT AND GLASSES

Non-Final OA §102
Filed
Jun 05, 2024
Priority
Dec 11, 2021 — JP 2021-201296 +2 more
Examiner
CHUNG, DAVID Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Elcyo Co. Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
493 granted / 707 resolved
+1.7% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
739
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
84.3%
+44.3% vs TC avg
§102
10.2%
-29.8% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 707 resolved cases

Office Action

§102
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 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. (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. Claims 1-7, 10 and 14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Gill et al. (US 11,086,143). As to claim 1, Gill discloses in figures 2-3 and 9, an optical element 22 (figure 9) comprising a plurality of liquid crystal elements 40 (figure 2), each of the plurality of liquid crystal elements comprising: a pair of flat transparent substrates 30/32; a liquid crystal layer 34 scaled between the transparent substrates; unit-electrodes 38 including linear first and second electrodes formed on one of the flat transparent substrates via a resistive layer (conductive electrodes have some level of resistance) and an insulating layer (liquid crystal layer between the electrodes is insulating); and a common electrode 36 formed on the other of the flat transparent substrate, and refracting light passing through the liquid crystal layer by generating a retardation gradient in the liquid crystal layer between the first and second electrodes by supplying a control voltage to the unit- electrodes and the common electrode, wherein the optical element 22 (figure 9) is configured by superimposing at least a first liquid crystal unit 44 including first and second liquid crystal elements 40 of the plurality of liquid crystal elements, and a second liquid crystal unit 44 including third and fourth liquid crystal elements 44 of the plurality of liquid crystal elements, each of the unit-electrodes 38 in the first to fourth liquid crystal elements 40 has a predetermined width between the first and second electrodes, extends linearly, and is arranged in plurality to form a plurality of unit-electrodes, and the first liquid crystal unit 44 is configured such that an extension direction of each of the unit-electrodes in the first and second liquid crystal elements is set to a first direction and alignment directions of the liquid crystal layer in the first and second liquid crystal elements are perpendicular to each other (figure 3, liquid crystal molecules 42A are perpendicular to liquid crystal molecules 42B), and the second liquid crystal unit is configured such that an extension direction of each of the unit-electrodes in the third and fourth liquid crystal elements is set to a second direction different from the first direction, and alignment directions of the liquid crystal layer in the third and fourth liquid crystal elements are perpendicular to each other (figure 3, liquid crystal molecules 42A are perpendicular to liquid crystal molecules 42B), and the optical element is configured to form a Fresnel lens-like refractive index distribution having an optical axis (see figure 5), by generating a retardation gradient having a focal axis in the first direction in the first liquid crystal unit and a retardation gradient having a focal axis in the second direction in the second liquid crystal unit, when an individual control voltage is supplied to each of the first and second electrodes of the unit-electrodes in the first liquid crystal unit and the second liquid crystal unit. As to claim 2, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses wherein at least a portion of the plurality of retardation gradients generated between the unit-electrodes is controlled based on a desired lens function when a voltage that is high or low with respect to a threshold voltage of the liquid crystal layer is supplied as the control voltage to one of the first and second electrodes on the low potential side. As to claim 3, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses wherein the optical axis is formed in a region formed by intersecting any pair of adjacent unit electrodes when a voltage, which produces a retardation gradient symmetrical with respect to a boundary portion between the pair of adjacent unit-electrodes, is applied as the control voltage to the pair of adjacent unit electrodes among the plurality of unit-electrodes of the first to fourth liquid crystal elements. As to claim 4, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses wherein the optical axis is formed at a central portion where any one of the unit-electrodes intersects when an equal voltage is supplied as the control voltage to the first electrode and the second electrode in any one of the plurality of unit-electrodes. As to claim 5, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses wherein image quality outside an arrangement area is degraded when the control voltage applied between the unit-electrodes located outside the arrangement area among the plurality of unit-electrodes in the first to fourth liquid crystal elements are controlled to be different in any one or all of voltage value, frequency, and phase from the desired control voltage applied to the unit-electrodes inside the arrangement area. As to claim 6, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses wherein at least one of the first and second liquid crystal units refracts light passing through the liquid crystal layer in a fixed direction, causing at least one of the first and second liquid crystal units to function as a variable prism for controlling the deflection angle of the light when a voltage for controlling the retardation gradients generated in the respective unit-electrodes to be the same gradient is supplied as the control voltage. As to claim 7, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses in figures 2, 3 and 9, wherein the predetermined width between the first and second electrodes 38 in the plurality of unit-electrodes is set to be substantially the same. As to claim 10, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses in figure 9, a fourth liquid crystal unit 44 having the same configuration as the first and second liquid crystal units is provided in an overlapping manner. As to claim 14, Gill discloses all of the elements of the claimed invention discussed above regarding claim 1. Gill further discloses eyeglasses comprising the optical element (see abstract). Allowable Subject Matter Claims 11-13 and 15-16 are allowed. The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested an optical element comprising the combination required by claim 11, wherein each of the unit-electrodes in the fifth to eighth liquid crystal elements has one core electrode formed in an approximate center of an arrangement area formed and arranged on the transparent substrate, which corresponds to the first electrode in the unit-electrodes, and the unit electrodes are configured as a plurality of unit-electrodes by arranging the second electrode and the first electrode in that order on both sides of the core electrode as the center, and a width between the first and second electrodes in the unit electrodes is narrowed toward both ends of the arrangement area. Claims 12 and 15 are allowed by virtue of their dependency. The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested an optical element comprising the combination required by claim 13, including a plurality of unit-electrodes formed on one of the transparent substrates and including a plurality of center electrodes, the plurality of unit-electrodes including a first arc-shaped electrode and a second arc-shaped electrode arranged in each of a plurality of annular regions divided radially and circumferentially with respect to an optical axis, and the plurality of center electrodes including a core electrode corresponding to the first arc-shaped electrode formed in a portion of the one of the transparent substrates through which the optical axis passes and the second arc-shaped electrode arranged concentrically with respect to the optical axis. Claim 16 is allowed by virtue of its dependency. Claims 8-9 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. The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested an optical element comprising the combination required by claim 8, including a plurality of unit-electrodes formed on one of the transparent substrates and including a plurality of center electrodes, the plurality of unit-electrodes including a first arc-shaped electrode and a second arc-shaped electrode arranged in each of a plurality of annular regions divided radially and circumferentially with respect to an optical axis, and the plurality of center electrodes including a core electrode corresponding to the first arc-shaped electrode formed in a portion of the one of the transparent substrates through which the optical axis passes and the second arc-shaped electrode arranged concentrically with respect to the optical axis. Claim 9 is objected to by virtue of its dependency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Chung whose telephone number is (571)272-2288. The examiner can normally be reached Monday - Friday, 8:30 am - 5:00 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, 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. /DAVID Y CHUNG/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Jun 05, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
78%
With Interview (+7.9%)
2y 10m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 707 resolved cases by this examiner. Grant probability derived from career allowance rate.

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