Prosecution Insights
Last updated: October 21, 2026
Application No. 18/868,333

OPTICAL ELEMENTS PROVIDING COLLIMATION AND FAN-OUT OR DIFFUSION

Non-Final OA §102
Filed
Nov 22, 2024
Priority
Jun 03, 2022 — provisional 63/348,847 +1 more
Examiner
GAGNON, GRANT A
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nil Technology Aps
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
397 granted / 479 resolved
+14.9% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
37 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
42.7%
+2.7% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 479 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 . Information Disclosure Statement The IDS filed to date have been considered. 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. 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. Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hazeghi (US 20160127713, of record) herein after referred to as D1. With regard to claim 1, D1 teaches an apparatus, in at least (Figs. 4-6): comprising: an optical element (600) having a first surface (520) and a second surface (530), wherein the first and second surfaces (530) are on opposite sides of the optical element (600) from one another, the first surface (520) being structured to collimate ([0066]) a light beam (502) incident on the first surface (520), and the second surface (530) being structured to provide correction to collimation ([0066] collimated beams, collimation) imparted by the first surface (520) and to provide at least one of optical fan-out ([0006] diffuse modulated illumination, illumination pattern) or diffusion ([0006] diffuse modulated illumination, illumination pattern) for the light beam (502). With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a structure of the first surface (520) that is operable to collimate ([0066]) the light beam (502) has more high-frequency ([0093]); components than a structure of the second surface (530) that is operable to provide the correction to the collimation ([0066]; collimated beams, collimation) imparted by the first surface (520). With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a structure of the first surface (520) that is operable to collimate ([0066]) the light beam (502) corresponds to a first component ([0063], [0070]) of a phase function ([0063] and [0070]), and a structure of the second surface (530) that is operable to provide the correction to the collimation ([0066] collimated beams, collimation) imparted by the first surface (520) corresponds to a second component ([0063], [0070]) of the phase function ([0063] and [0070]), wherein a maximum gradient ([0053]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum gradient ([0053]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 4, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is no more than 10% of the maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the second surface (530) is structured to provide optical fan-out ([0006] diffuse modulated illumination, illumination pattern) for the light beam (502), and wherein the optical fan-out ([0006] diffuse modulated illumination, illumination pattern) is provided by a discrete periodic surface relief structure ([0071]) on the second surface (530). With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the second surface (530) is structured to provide diffusion ([0006] diffuse modulated illumination, illumination pattern) for the light beam (502), and wherein the diffusion ([0006] diffuse modulated illumination, illumination pattern) is provided by a discrete non-periodic surface relief structure ([0071]) on the second surface (530). With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the second surface (530) is structured to provide optical fan-out ([0006] diffuse modulated illumination, illumination pattern) for the light beam (502), and wherein the optical fan-out ([0006] diffuse modulated illumination, illumination pattern) is operable to split the light beam (502) into a predetermined number of diffractive orders ([0105]) at respective angles ([0053]). With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); further including: a light emitter operable to emit light toward the first surface (520) of the optical element (600), wherein the optical element (600) is disposed so that the light passes through the optical element (600), and the optical element (600) projects a pattern ([0006]) using the light ([0006]). With regard to claim 10, D1 teaches A method comprising: splitting a phase function ([0063] and [0070]) into first and second components ([0063], [0070]), wherein the first component ([0063], [0070]) represents collimation ([0066] collimated beams, collimation) to be implemented on a first surface (520 of an optical element (600), and the second component ([0063], [0070]) represents a collimation ([0066] collimated beams, collimation) correction to be implemented on a second surface (530) of the optical element (600); combining at least one of a fan-out phase function ([0063] and [0070]) or a diffusion ([0006] diffuse modulated illumination, illumination pattern) phase function ([0063] and [0070]) with the second component ([0063], [0070]) of the collimator phase function ([0063] and [0070]) to obtain a combined phase function ([0063] and [0070]); determining a first optical element (600) structure corresponding to the first component ([0063], [0070]) of the collimator phase function ([0063] and [0070]); determining a second optical element (600) structure corresponding to the combined phase function ([0063] and [0070]); and fabricating an optical device (106) including a substrate (600) that has a first surface (520) and a second surface (530) respectively on opposite sides of the substrate (600), wherein the first optical element (600) structure is on the first surface (520), and wherein the second optical element (600) structure is on the second surface (530). With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a maximum gradient ([0053]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum gradient ([0053]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 12, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is no more than 10% of the maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the first optical element (600) structure for the collimation ([0066] collimated beams, collimation) has more high-frequency ([0093]); components than the second optical element (600) structure for providing the correction to the collimation ([0066] collimated beams, collimation). With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); including combining the fan-out phase function ([0063] and [0070]) with the second component ([0063], [0070]) of the collimator phase function ([0063] and [0070]) to obtain the combined phase function ([0063] and [0070]), the method further including: before combining the fan-out phase function ([0063] and [0070]) with the second component ([0063], [0070]) of the collimator phase function ([0063] and [0070]) to obtain a combined phase function ([0063] and [0070]), converting a fan-out structure to a corresponding fan-out phase function ([0063] and [0070]); and subsequently using the corresponding fan-out phase function ([0063] and [0070]) as the fan-out phase function ([0063] and [0070]) that is combined with the second component ([0063], [0070]) of the collimator phase function ([0063] and [0070]). With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein fabricating the optical device (106) includes forming the first (520) and second (530) optical element (600) structures, respectively, on the first and second surfaces (530) of the substrate (600) by nano wafer-level replication ([0069]). With regard to claim 17, D1 teaches a method comprising: splitting a phase function ([0063] and [0070]) into first and second components ([0063], [0070]), wherein the first component ([0063], [0070]) represents collimation ([0066] collimated beams, collimation) to be implemented on a first surface (520) of an optical element (600), and the second component ([0063], [0070]) represents a collimation ([0066] collimated beams, collimation) correction to be implemented on a second surface (530) of the optical element (600); converting the first component ([0063], [0070]) of the collimator phase function ([0063] and [0070]) to a corresponding first optical element (600) structure; converting the second component ([0063], [0070]) of the phase function ([0063] and [0070]) to a corresponding second optical element (600) structure; combining a fan-out structure with the second optical element (600) structure to obtain a combined optical element (600) structure; fabricating an optical device (106) including a substrate (600) that has a first surface (520) and a second surface (530) respectively on opposite sides of the substrate (600), wherein the first optical element (600) structure in on the first surface (520), and wherein the combined optical element (600) structure is on the second surface (530). With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a maximum gradient ([0053]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum gradient ([0053]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 18, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein a maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is less than a maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 19, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein the maximum amplitude ([0099]) of the second component ([0063], [0070]) of the phase function ([0063] and [0070]) is no more than 10% of the maximum amplitude ([0099]) of the first component ([0063], [0070]) of the phase function ([0063] and [0070]). With regard to claim 21, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical element (600), in at least (Figs. 4-6; and [0006], [0066]); wherein fabricating the optical device (106) includes forming the first and combined optical element (600) structures, respectively, on the first and second surfaces (530) of the substrate (600) by nano wafer-level replication ([0069]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30. 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, Bumsuk Won can be reached at (571) 272-2713. 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. /GRANT A GAGNON/Examiner, Art Unit 2872 /BALRAM T PARBADIA/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Nov 22, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+7.7%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 479 resolved cases by this examiner. Grant probability derived from career allowance rate.

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