Prosecution Insights
Last updated: April 18, 2026
Application No. 18/835,571

DEVICE FOR REPLICATING A MASTER HOLOGRAPHIC OPTICAL ELEMENT WITH VARIABLE ILLUMINATION

Non-Final OA §102§103
Filed
Aug 02, 2024
Examiner
PERSAUD, DEORAM
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carl Zeiss Jena GmbH
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
572 granted / 748 resolved
+8.5% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
36 currently pending
Career history
784
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 748 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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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, 2, 5-7, 9-15, 18 and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leopold et al. [US 2010/0265553 A1]. Regarding claims 1 and 21, Leopold et al. discloses a device (Fig. 8) / a data processing unit (control unit 37) for producing a holographic optical element (HOE) (paragraph [0010]), wherein the device comprises: at least one fixing element (32) on which a carrier layer of a master HOE (33) and a carrier layer of the HOE (31) can be arranged during an exposure process (as shown in Fig. 8), with the result that these extend at least locally along one another (paragraph [0056] teaches the drum and the master and replicated HOE), a radiation source (RGB) configured to emit light (20) onto the master HOE (33) during the exposure process (as shown in Fig. 8), with the result that the HOE is exposed (paragraphs [0034] and [0063] teaches the exposure unit arranged opposite the holographic recording material), and a positioning module (paragraphs [0049], [0056] and [0063] teaches deflection mirror 52 and 61 and piezoelectric actuator for SLM) configured to move a beam path of the light during the exposure process relatively in relation to the carrier layer of the master HOE (33) and the carrier layer of the HOE (31, as shown in Fig. 8). Regarding claim 2, Leopold et al. discloses wherein the positioning module comprises at least one of a robotic arm or a multi-axis optical linear adjustment table (paragraph [0049] teaches the piezoelectric actuators for SLM). Regarding claim 5, Leopold et al. discloses furthermore comprising a controller (37) configured to control the positioning module on the basis of control data (paragraphs [0049] and [0057]). Regarding claims 6 and 7, Leopold et al. discloses wherein the controller (37) is configured to control the positioning module (deflection mirror 52 and 61 and piezoelectric actuator for SLM) in order to move a light point of the light over the carrier layer of the HOE (31) during the exposure process, with the result that the HOE is exposed at different positions of the light point on the carrier layer at different angles of incidence, wherein the controller is configured to control the positioning module in order to move a reference point, which is arranged along the beam path of the light, in relation to the master HOE on a trajectory during the exposure process (as shown in Fig. 8, see also paragraphs [0049], [0056] and [0063]). Regarding claims 9-11 and 22, Leopold et al. discloses wherein the trajectory has at least one out of a component perpendicular to the carrier layer of the HOE and a component parallel to the carrier layer of the HOE, wherein the controller is configured to control the positioning module in order to change an emergence angle of the beam path at the reference point in relation to the master HOE during the exposure process, wherein the control data specify at least one out of a trajectory for a reference point along the beam path, an emergence angle of the beam path at the reference point in relation to the master HOE and an angle of incidence of the light on the master HOE (as shown in Fig. 8, see also paragraphs [0049], [0056] and [0063]). Regarding claims 12-15, Leopold et al. discloses furthermore comprising a scanning mirror (deflection mirror 52 and 61) configured to scan the light in relation to the master HOE (33) during the exposure process, wherein the positioning module comprises the scanning mirror, further comprising a controller (37) configured to control the positioning module on the basis of control data, wherein the controller is configured to control the positioning module in order to move a reference point, which is arranged along the beam path of the light, in relation to the master HOE on a trajectory during the exposure process, wherein the scanning mirror is arranged at the reference point, wherein the controller is configured to control the scanning mirror in order, in a manner superimposed with the scanning, to tilt the emergence angle of the beam path at the reference point in relation to the master HOE (as shown in Fig. 8, see also paragraphs [0049], [0056], [0062] and [0063]). Regarding claim 18, Leopold et al. discloses furthermore comprising at least one optical element which is arranged along a beam path of the light and which has the effect that a light point of the light on the master HOE is expanded along at least one axis (as shown in Fig. 8, see also paragraphs [0049], [0056], [0062] and [0063]). Regarding claims 23-25, Leopold et al. discloses furthermore wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a first surface shape of the carrier material of the master HOE during a further exposure process for exposing the master HOE, and on the basis of a second surface shape of the carrier material of the master HOE during the exposure process, and further on the basis of an angle of incidence of light as a function of the location on the master HOE during the further exposure process, wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a geometry of a light source which is used for reconstructing a hologram by illumination of the HOE, wherein the at least one processor, on the basis of the program code, furthermore calculates the control data on the basis of a predefined aberration (paragraphs [0049]-[0059] teaches adjusting the deflection mirror 52 and 61 and piezoelectric actuator for SLM to account for variations in angle of incidents, wavelengths and imaging errors). 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 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Leopold et al. in view of Yung [US 2006/0098005 A1]. Regarding claims 3 and 4, Leopold et al. discloses wherein the at least one fixing element comprises a roll (32) for the carrier layer of the HOE (31, see also paragraphs [0035-[0036] and [0056]). Leopold et al. does not teach wherein the at least one fixing element comprises a second roll for the carrier layer of the master HOE or wherein the at least one fixing element comprises at least one fixing frame for a flatbed replication process. However, Yung, discloses making of holographic optical elements wherein a roll is provided for the master HOE (as shown in Fig. 3) and wherein the at least one fixing element comprises at least one fixing frame for a flatbed replication process (paragraph [0078] teaches a flatbed type replication). Therefore, it would have been obvious to one of ordinary skill in the art to provide a second roll for the master HOE or a flatbed replication process, as taught by Yung, in the system of Leopold et al. because such a modification accommodate the relatively thick print mediums (paragraph [0078] of Yung) and produce holographic optical elements in a manner of large volume and high speed (paragraph [0018] of Yung). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEORAM PERSAUD whose telephone number is (571)270-5476. The examiner can normally be reached M-F 8AM-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, Minh-Toan Ton can be reached at 571-272-2303. 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. /DEORAM PERSAUD/ Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Aug 02, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+12.0%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 748 resolved cases by this examiner. Grant probability derived from career allow rate.

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