Prosecution Insights
Last updated: July 17, 2026
Application No. 18/887,025

PROGRESSIVE METALENS FOR SENSING SYSTEM

Non-Final OA §102
Filed
Sep 16, 2024
Priority
Jun 11, 2020 — provisional 63/038,116 +2 more
Examiner
ALEXANDER, WILLIAM R
Art Unit
Tech Center
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
789 granted / 897 resolved
+28.0% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§103
34.4%
-5.6% vs TC avg
§102
62.5%
+22.5% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 897 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 information disclosure statement (IDS) submitted on 2/27/2025 was considered by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-2, 4-14, and 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14, 16, and 18-19 of U.S. Patent No. US 12,105,298. Although the claims at issue are not identical, they are not patentably distinct from each other because the following. Instant Application 18/887,025 US 12,105,298 1. A metalens, comprising: a first nanostructure region configured to direct light incident on the first nanostructure region to a first region of an image plane; and a second nanostructure region positioned adjacent to the first nanostructure region, the second nanostructure region configured to direct light incident on the second nanostructure region to a second region of the image plane, the second region of the image plane being different from the first region of the image plane. 2. The metalens of claim 1, further comprising a third nanostructure region that directs light incident on the third nanostructure region to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. 4. The metalens of claim 2, wherein the first nanostructure region is arranged to surround the second nanostructure region and the second nanostructure region is arranged to surround the third nanostructure region. 5. The metalens of claim 2, wherein the third nanostructure region is arranged to be adjacent to the second nanostructure region. 6. The metalens of claim 1, wherein the image plane substantially coincides with a surface of an image sensor array. 7. The metalens of claim 1, wherein nanostructures of the first region and the second nanostructure region comprises at least one layer of nanostructures formed on a substrate. 8. The metalens of claim 7, wherein nanostructures of the first nanostructure region are formed on a first surface of the substrate, and nanostructures of the second nanostructure region are formed on the first surface and a second surface of the substrate that is opposite the first surface. 9. The metalens of claim 7, wherein the substrate comprises at least one of a planar surface or a curved surface. 10. The metalens of claim 1, wherein the metalens is part of one of an advanced driver assist system (ADAS), a smartphone, and a camera. 11. A metalens, comprising: a first nanostructure region that directs light incident on the first nanostructure region to a first region of an image plane, and nanostructures of the first nanostructure region comprising at least one layer of nanostructures formed on a substrate; and a second nanostructure region positioned adjacent to the first nanostructure region, the second nanostructure region configured to direct light incident on the second nanostructure region to a second region of the image plane, the second region of the image plane being different from the first region of the image plane, nanostructures of the second nanostructure region comprising at least one layer of nanostructures formed on the substrate. 12. The metalens of claim 11, wherein nanostructures of the first nanostructure region are formed on a first surface of the substrate, and nanostructures of the second nanostructure region are formed on the first surface and a second surface of the substrate, the second surface being opposite the first surface. 13. The metalens of claim 11, wherein the substrate comprises at least one of a planar surface or a curved surface. 14. The metalens of claim 11, further comprising a third nanostructure region that directs light incident on the third nanostructure region to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. 16. The metalens of claim 14, wherein the first nanostructure region is arranged to surround the second nanostructure region and the second nanostructure region is arranged to surround the third nanostructure region. 17. The metalens of claim 11, wherein the image plane substantially coincides with a surface of an image sensor array. 18. A metalens, comprising: a first nanostructure region that directs light incident on the first nanostructure region to a first region of an image plane, the image plane substantially coinciding with a surface of an image sensor array; and a second nanostructure region positioned adjacent to the first nanostructure region, the second nanostructure region configured to direct light incident on the second nanostructure region to a second region of the image plane, the second region of the image plane being different from the first region of the image plane. 19. The metalens of claim 18, further comprising a third nanostructure region that directs light incident on the third nanostructure region to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. 1. A metalens, comprising: a first region of nanostructures that directs a field of view (FOV) of light incident on the first region of nanostructures to a first region of an image plane; and wherein the first region of nanostructures is arranged to be adjacent to the second region of nanostructures. a second region of nanostructures that directs the FOV of light incident on the second region of nanostructures to a second region of the image plane, the second region of the image plane being different from the first region of the image plane, 2. The metalens of claim 1, further comprising a third region of nanostructures that directs the FOV of light incident on the third region of nanostructures to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. 3. The metalens of claim 2, wherein the first region of nanostructures is arranged to surround the second region of nanostructures and the second region of nanostructures is arranged to surround the third region of nanostructures. 4. The metalens of claim 2, wherein the third region of nanostructures is arranged to be adjacent to the second region of nanostructures. 5. The metalens of claim 1, wherein the image plane substantially coincides with a surface of an image sensor array. 6. The metalens of claim 1, wherein nanostructures of the first region and the second region of nanostructures comprises at least one layer of nanostructures formed on a substrate. 7. The metalens of claim 6, wherein nanostructures of the first region of nanostructures are formed on a first surface of the substrate, and nanostructures of the second region of nanostructures are formed on the first surface and a second surface of the substrate, the second surface being opposite the first surface. 8. The metalens of claim 6, wherein the substrate comprises one of a planar surface and a curved surface. 9. The metalens of claim 1, wherein the metalens is part of one of an advanced driver assist system (ADAS), a smartphone, and a camera. 10. A metalens, comprising: a first region of nanostructures that directs a field of view (FOV) of light incident on the first region of nanostructures to a first region of an image plane, and nanostructures of the first region of nanostructures comprising at least one layer of nanostructures formed on a substrate; and wherein the first region of nanostructures is arranged to be adjacent to the second region of nanostructures. a second region of nanostructures that directs the FOV of light incident on the second region of nanostructures to a second region of the image plane, the second region of the image plane being different from the first region of the image plane, and nanostructures of the second region of nanostructures comprising at least one layer of nanostructures formed on the substrate, 11. The metalens of claim 10, wherein nanostructures of the first region of nanostructures are formed on a first surface of the substrate, and nanostructures of the second region of nanostructures are formed on the first surface and a second surface of the substrate, the second surface being opposite the first surface. 12. The metalens of claim 11, wherein the substrate comprises one of a planar surface and a curved surface. 13. The metalens of claim 11, further comprising a third region of nanostructures that directs the FOV of light incident on the third region of nanostructures to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. 14. The metalens of claim 13, wherein the first region of nanostructures is arranged to surround the second region of nanostructures and the second region of nanostructures is arranged to surround the third region of nanostructures. 16. The metalens of claim 10, wherein the image plane substantially coincides with a surface of an image sensor array. 18. A metalens, comprising: a first region of nanostructures that directs a field of view (FOV) of light incident on the first region of nanostructures to a first region of an image plane, the image plane substantially coinciding with a surface of an image sensor array; and wherein the first region of nanostructures is arranged to be adjacent to the second region of nanostructures. a second region of nanostructures that directs the FOV of light incident on the second region of nanostructures to a second region of the image plane, the second region of the image plane being different from the first region of the image plane, 19. The metalens of claim 18, further comprising a third region of nanostructures that directs the FOV of light incident on the third region of nanostructures to a third region of the image plane, the third region of the image plane being different from the first region and the second region of the image plane. Examiner’s Statement/Reasons for Allowance Regarding Claim 1, Lin et al. (US 2017/0219739, of record) discloses a metalens, comprising: a first nanostructure region (Fig. 1A, 108, Fig. 1B, 114, Paragraphs 0035-0037) configured to direct light incident on the first nanostructure region to a first region of an image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6); and the second nanostructure region (Fig. 1A, 112, Fig. 1B, 118, Paragraphs 0035-0037) configured to direct light incident on the second nanostructure region to a second region of the image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6), Kwon et al. (US 2020/0348500, of record) further discloses the second region of the image plane being different from the first region of the image plane (Fig. 1, Images I1, I2, and I3 are on image plane 130, Paragraph 0034, lines 12-21). However, neither Lin et al. (US 2017/0219739, of record) nor Kwon et al. (US 2020/0348500, of record) disclose “… a second nanostructure region positioned adjacent to the first nanostructure region …”. Regarding Claim 11, Lin et al. (US 2017/0219739, of record) discloses a metalens, comprising: a first nanostructure (Fig. 1A, 108, Fig. 1B, 114, Paragraphs 0035-0037) region that directs light incident on the first nanostructure region to a first region of an image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6), and nanostructures of the first nanostructure region comprising at least one layer of nanostructures formed on a substrate (Paragraph 0008, lines 1-3, and lines 21-24); and the second nanostructure region (Fig. 1A, 112, Fig. 1B, 118, Paragraphs 0035-0037) configured to direct light incident on the second nanostructure region to a second region of the image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6), nanostructures of the second nanostructure region comprising at least one layer of nanostructures formed on the substrate (Paragraph 0008, lines 1-3, and lines 21-24). Kwon et al. (US 2020/0348500, of record) further discloses the second region of the image plane being different from the first region of the image plane (Fig. 1, Images I1, I2, and I3 are on image plane 130, Paragraph 0034, lines 12-21). However, neither Lin et al. (US 2017/0219739, of record) nor Kwon et al. (US 2020/0348500, of record) disclose “…a second nanostructure region positioned adjacent to the first nanostructure region …”. Regarding Claim 18, Lin et al. (US 2017/0219739, of record) discloses a metalens, comprising: a first nanostructure region (Fig. 1A, 108, Fig. 1B, 114, Paragraphs 0035-0037) that directs light incident on the first nanostructure region to a first region of an image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6), and the second nanostructure region (Fig. 1A, 112, Fig. 1B, 118, Paragraphs 0035-0037) configured to direct light incident on the second nanostructure region to a second region of the image plane (Fig. 1C, 102, light centered on position R on focal plane 100, Paragraph 0035, lines 4-6), Kwon et al. (US 2020/0348500, of record) further discloses the image plane substantially coinciding with a surface of an image sensor array (Fig. 1, image plane 130, Paragraph 0034, lines 30-35); … the second region of the image plane being different from the first region of the image plane (Fig. 1, Images I1, I2, and I3 are on image plane 130, Paragraph 0034, lines 12-21). However, neither Lin et al. (US 2017/0219739, of record) nor Kwon et al. (US 2020/0348500, of record) disclose “… a second nanostructure region positioned adjacent to the first nanostructure region …”. Additionally, neither Lai et al. (US 2023/0384481), Han et al. (US 2020/0174163), Hao et al. (US 2025/0123466), Han et al. (US 2017/0030773), Han et al. (US 2020/0072668), Faraji-Dana et al. (US 11,187,582), Faragi-Dana et al. (US 2020/0348176) nor the prior art of record, meet the deficiencies of Lin et al. (US 2017/0219739, of record) and Kwon et al. (US 2020/0348500, of record) Claims 1-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103. Specifically, regarding the allowability of independent claim 1: The prior art of record does not disclose or suggest a metalens comprising “… a second nanostructure region positioned adjacent to the first nanostructure region …”, along with other claim limitations. Claims 2-10 are allowable due to pendency on independent claim 1. Specifically, regarding the allowability of independent claim 11: The prior art of record does not disclose or suggest a metalens comprising “…a second nanostructure region positioned adjacent to the first nanostructure region …”, along with other claim limitations. Claims 12-17 are allowable due to pendency on independent claim 11. Specifically, regarding the allowability of independent claim 18: The prior art of record does not disclose or suggest a metalens comprising “… a second nanostructure region positioned adjacent to the first nanostructure region …”, along with other claim limitations. Claims 19-20 are allowable due to pendency on independent claim 18. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lai et al. (US 2023/0384481), Han et al. (US 2020/0174163), Hao et al. (US 2025/0123466), Han et al. (US 2017/0030773), Han et al. (US 2020/0072668), Faraji-Dana et al. (US 11,187,582), and Faragi-Dana et al. (US 2020/0348176) are cited to show similar metalenses and metasurfaces that do not disclose a first and second nanostructure regions that are adjacent to each other, along with other claim limitations. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached on M-F 8:30 AM- 4:00 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, Pinping Sun can be reached on (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Sep 16, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+7.0%)
2y 1m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 897 resolved cases by this examiner. Grant probability derived from career allowance rate.

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