Prosecution Insights
Last updated: July 17, 2026
Application No. 18/839,435

NEAR-FOCUS OPTICAL SYSTEM WITH MULTI-FOCAL CORRECTION

Non-Final OA §102§103
Filed
Aug 18, 2024
Priority
Feb 18, 2022 — provisional 63/311,902 +1 more
Examiner
CHIEN, LUCY P
Art Unit
Tech Center
Assignee
Vuzix Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
763 granted / 918 resolved
+23.1% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
22 currently pending
Career history
938
Total Applications
across all art units

Statute-Specific Performance

§103
81.7%
+41.7% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 918 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 . Claim Rejections - 35 USC § 102 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. Claim(s) 1-10,12-19 is/are rejected under 35 U.S.C. 102a as being anticipated by Guo et al (US 20210364799) Regarding Claim 1, Guo et al discloses (Fig. 5A and Figure 5B also pasted below) An image light guide system for viewing a virtual object and a real-world object within a common field of view, comprising: an image light guide having an inner surface and an outer surface (substrate 105 having a side with first optical element 115 and a side with imaging device 110 [0060]), the image light guide arranged to direct image-bearing light beams of the virtual object toward an eyebox at a first focusing distance (light from the imaging in device 110 forms a primary virtual image 519, the light produced directly by a source such as an LED or LED and directly via the substrate 105 and the first optical element 115 and second optical element 120 to the users eye, the optical elements being meta lenses producing parallel light, thus having a first focusing distance of infinity [0049][0058][0060][0071]); a negative-power optical element arranged between the image light guide and the eyebox (first optical element115 is a metamaterial diverging lens causing the light from the imaging device 110 to diverge [0045][0046][0058][0060]), the negative-power optical element having a negative optical power contribution operable to diverge the image-bearing light beams in advance of the eyebox to a second focusing distance less than the first focusing distance (first optical element 115 is a metametrial diverging lens causing the light from the imaging device 110 to diverge, and is at a distance f less than infinity [0045][0046][0058][0060]); a non-variable corrective optical element arranged between the image light guide and the real-world object (second optical element 120 is a converging metalens on the side of substrate 105 distal the eye [0058-0060]), wherein the corrective optical element has a corrective optical contribution operable to reduce optical aberrations associated with viewing the real-world object at the second focusing distance (second optical element 120 is a converging metlaens on the side of substrate 105 distal the eye [0058-0060]); and a positive-power optical element arranged between the image light guide and the real- world object (second optical element 120 is a converging metalens to compensate for the effect of the diverging metalens of the first optical element 115 [0058-0060]), wherein the positive-power optical element has a positive optical power contribution operable to cancel the negative optical power contribution of the negative-power optical element without canceling or negating the corrective optical contribution of the corrective optical element (second optical element 120 is a converging metalens to compensage for the effect of the diverging metalens of the first optical element 115 in viewing the real world [0058-0060]). PNG media_image1.png 694 404 media_image1.png Greyscale Regarding Claim 2, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the positive-power optical element is formed as at least a portion of a cover window arranged between the image light guide and the real-world object (the substrate 105 may be located at the second optical element 120 and is glass, with the elements 110,115 on the same side as element 120 [0057-0060]). Regarding Claim 3, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the cover window is arranged between the corrective optical element and the real-world object (the substrate 105 may be located at the second optical element 120 and is glass, with the elements 110,115 on the same side as element 120, so that the substrate is between the element 120 and the real world [0057-0060]). Regarding Claim 4, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the positive-power optical element and the corrective optical element are formed as a single multifunction optical element (second optical element 120 is a converging metalens to compensate for the effect of the diverging metalens of the first optical element 115 in viewing the real world [0058-0060]), where the single multifunction optical element is selected from (i) a lens doublet or (ii) a singular lens, and wherein the lens doublet or the singular lens provide both the negative optical power contribution and the corrective optical contribution (second optical element 120 is a single converging metalens to compensate for the effect of the diverging metalens of the first optical element 115 in viewing the real world). Regarding Claim 5, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein one or more of the negative-power optical element, the positive-power optical element, and the corrective optical element comprises a metamaterial (first optical element 115 is a metalens diverging lens and the second optical element 120 [0058-0060]) . Regarding Claim 6, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the first focusing distance is a hyperfocal to near infinite focusing distance (the optical elements being metalenses producing parallel light, thus having a first focusing distance of infinity [0048-0071]). Regarding Claim 7, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the second focusing distance is between 0.05 meters and 4 meters (a visible distance for the virtual image is 250 mm or 0.25 meters [0046]). Regarding Claim 8, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the corrective optical element comprises a plurality of corrective sections (a planar volume holographic grating 117 may be used with an augmented reality display device and have sub-gratings 118 to provide a corrective distance to focus light at the eye box [0060-0068), wherein the plurality of corrective sections include a first corrective section arranged to focus one or more real-world objects at a first corrected focusing distance (second optical element 120 is a converging metalens to compensate for the effect of the diverging metalens of the first optical element 115 and focuses the image to the eyebox on the opposite side of the substrate from second optical element 120 [0058-0060]) and a second corrective section arranged to focus the one or more real-world objects at a second corrected focusing distance (a planar volume holographic grating 117 may be used with an augmented reality display device and have sub-gratings 118 to provide a corrective distance to focus light the the eye box, the planar volume holographic grating 117 on the opposing side of the substrate 105, thus smaller than the focal distance of the second optical element 1200 [0060-0068]), and wherein the first corrected focusing distance and the second corrected focusing distance are different (a planar volume holographic grating 117 may be used with an augmented reality display device and have sub-gratings 118 to provide a corrective distance to focus light at the eye box, the planar volume holographic grating 117 on the opposing side of the substrate 105, thus smaller than the focal distance of the second optical element 120 [0060-0068]). Regarding Claim 9, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the plurality of corrective sections further include a third corrective section arranged to focus the one or more real-world objects at a third focusing distance different than the first focusing distance and the second focusing distance (the substrate 105 may be curved substrate which further adjusts the curvature of the optical element 115 and can improve the image quality of the display, the substrate 105 having a different focal distance than the optical 115 by being made of glass and thus focusing to a different distance than a metamaterial on the substrate (Fig. 1a-1b, [0045-0065]). Regarding Claim 10, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the plurality of corrective sections are arranged to progressively focus the one or more real-world objects (the second optical lens provides a focus for real world objects, while the curved substrate 105 and the planar volume holographic grating 117 are able to provide additional focus [0060-0068]). Regarding Claim 12, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) An image light guide for viewing a virtual object and a real-world object within a common field of view (an augmented reality fidsplay device for showing a virtual image 515 superposed over real time [0043-0060]), comprising: an inner surface and an outer surface (a substrate 105 having a side with first optical element 115 and a side with imaging device 110 [0060]), arranged to direct image-bearing light beams of the virtual object toward an eyebox at a first focusing distance (light from the imaging device 110 forms a primary virtual image 510, the light produced directly by a source such as an LED or OLED and directly via the substrate 105 and the first optical element 115 and the second element 129 to the users eye the optical elements being meta lesnses producing parallel light, thus having a first focusing distance of infinity [0046-0060]); a first metamaterial having a negative optical power contribution configured to diverge the image-bearing light beams in advance of the eyebox at a second focusing distance less than the first focusing distance (first optical element 115 is a metamaterial diverging lens causing the light from the imaging device 110 to diverge and is at a distance f less than infinity [0045-0060]); and a second metamaterial arranged to provide a positive optical power contribution to cancel the negative optical power contribution of the first metamaterial (second optical element 120 is a converging metalens to compensate for the effect of the diverging metalens for the first optical element 115 [0058-0060]). Regarding Claim 13, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein at least one of the first metamaterial and the second metamaterial operates as a corrective optical element to provide a corrective optical contribution (second optical element 120 is converging metalens to compensate for the effect of the diverging metalens of the first optical element 115, [0058-0060]). Regarding Claim 14, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the corrective optical element (a planar volume holographic grating 117 may be used with an augmented reality display device and have sub-gratings 118 to provide a corrective distance to focus light at the eye box [0060-0068]) comprises a plurality of corrective sections, wherein the plurality of corrective sections includes a first corrective section arranged to focus one or more real-world objects at a first corrected focusing distance (second optical element 120 is a converging metalens to compensate for the effect of the diverging metalens of the first optical element 115 and focuses the image to the eyebox on the opposite side of the substrate from second optical ement 120 [0058-0060] of the first and a second corrective section arranged to focus the one or more real-world objects at a second corrected focusing distance, where the first corrected focusing distance the second corrected focusing distance are different (a planar volume holographic grating 117 may be used with an augmented reality display device and have sub-gratings 118 to provide a corrective distance to focus light at the eye box, the planar volume holographic grating 117 on the opposing side of the substrate 105, thus smaller than the focal distance of the second optical element 120 [0060-0068]). Regarding Claim 15, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the first metamaterial is located on or is embedded within the inner surface of the image light guide (the substrate 105 may be located at the first optical element 115 and bonded to the surface [0057-0060]. Regarding Claim 16, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the second metamaterial is located on or is embedded within the outer surface of the image light guide (the substrate 105 may be located at the second optical element 120 [0057-0060]). Regarding Claim 17, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein at least one of the first metamaterial and the second metamaterial is located on or is embedded within one or more surfaces of a cover window (the substrate 105 may be located at the first optical element 115 and the substrate 105 may be glass [0057-0060]). Regarding Claim 18, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein at least one of the first metamaterial and the second metamaterial comprise a linear diffractive grating (a planar volume holographic grating 117 may be used with an augmented reality display device on the first optical element 115 and follows the planar grating equation which is only applicable for linear diffraction gratings [0060-0068]). Regarding Claim 19, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein at least one of the first metamaterial and the second metamaterial comprise a holographic optical element (the first optical elements may be connected to form a holographic lens 119 [0060-0068]). Claim Rejections - 35 USC § 103 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. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al (US 20210364799) in view of Schultz (US 20220019080) Regarding Claim 11, Guo et al discloses (Fig. 5A and Figure 5B also pasted above) wherein the positive-power optical element is a lens having a convex outer surface(the second optical element 120 is a converging metalens or a convex lens [0058-0060]), Guo et al does not disclose wherein the convex outer surface is treated with a protective coating. Schultz discloses wherein the convex outer surface is treated with a protective coating [0055] It would have been obvious to one of ordinary skill in the art to modify Guo et al to include Schultz’s convex outer surface is treated with a protective coating motivated by the desire to provide the advantage of a protective coating on an outward facing lens element which is the most exposed to the real world. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCY P CHIEN whose telephone number is (571)272-8579. The examiner can normally be reached 9AM-5PM PST 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. /LUCY P CHIEN/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Aug 18, 2024
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102, §103 (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
83%
Grant Probability
89%
With Interview (+5.6%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 918 resolved cases by this examiner. Grant probability derived from career allowance rate.

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