Prosecution Insights
Last updated: August 06, 2026
Application No. 18/918,020

PROJECTION SUBSTRATE AND SMART GLASSES

Non-Final OA §102§103
Filed
Oct 16, 2024
Priority
Apr 20, 2022 — continuation of PCTJP2022018243
Examiner
LEI, JIE
Art Unit
Tech Center
Assignee
Cellid Inc.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
668 granted / 916 resolved
+12.9% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
45 currently pending
Career history
950
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
45.6%
+5.6% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Pre-AIA or AIA Status 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 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. Information Disclosure Statement The information disclosure statements (IDS) submitted on 10/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. 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 of this title, 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 1-3, 5-7, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al (US 20190250406) in a view of Yoon et al (US 20210063619). Regarding Claim 1, Nakamura teaches a projection substrate (abstract; figs. 1-5) for projecting an image light onto a second surface while transmitting at least a part of light that entered from a first surface to the second surface opposite to the first surface (fig. 2, 11, 12(21, 22, 23)), the projection substrate comprising: an incident region into which a projection light for projecting the image light enters (fig. 2, 21, 11); a splitting region that includes a first diffraction grating that guides the projection light that has entered from the incident region (fig. 2, 22); and an emission region that includes a second diffraction grating that emits a part of the projection light that has entered from the second surface after guiding the part of the projection light entered from the splitting region (fig. 2, 23), (¶[0028], line 1-11, Signal light outputted from light engine 11 couples with first hologram area 21 and is captured inside of the imageguide. Signal light in the imageguide propagate to second hologram area 22 using total internal reflection (TIR). The second hologram area 22 expands eye-box size along to vertical/horizontal direction. The second hologram area 22 changes light propagation direction using diffraction and diffracted signal light propagates to third hologram area 23 in image guide substrate using TIR; abstract, line 1-6, An imageguide comprising glass or plastic planer substrate, a first hologram area, a second hologram area, and a third hologram area which are formed on the substrate as surface relief grating), wherein the incident region guides the incident projection light to the splitting region (fig. 2, 21,22), the splitting region diffracts the part of the projection light toward the emission region (fig. 2, 22, 23), the first diffraction grating includes a plurality of first concave-convex portions, each composed of a first convex portion and a first concave portion, that are formed so as to repeat in a first direction in which the projection light is guided (abstract, line 1-6, An imageguide comprising glass or plastic planer substrate, a first hologram area, a second hologram area, and a third hologram area which are formed on the substrate as surface relief grating, period and direction of diffraction structure of the first, second, and third hologram areas have a relationship, …. depth of diffraction structure…); the splitting region includes a plurality of first divided regions (fig. 4, 22 (221, 222, 223, 224, 225); ¶[0039], line 1-10, The imageguide 120 has the second and third hologram areas are divided multiple areas; the second hologram area 22 is divided to five multiple areas 221 to 225; the third hologram area 23 is divided to five multiple areas 231 to 235; The each divided areas have different diffraction efficiency characteristics). But Nakamura does not specifically disclose that wherein a first fill factor which is a ratio of a width of the first convex portion in the first direction to a length corresponding to a first period, which is a period of the first concave-convex portion in one first divided region, is within a range that does not include a predetermined value, and a first fill factor of a first divided region which is closer to the incident region than the one first divided region is within a range that includes the predetermined value. However, Yoon teaches a display unit (abstract; ¶[0034], line 1-11, A display unit implementing Augmented Reality (AR), or Virtual Reality (VR); figs. 3-4, 511, 512, 513, eye), wherein a first fill factor which is a ratio of a width of the first convex portion in the first direction to a length corresponding to a first period, which is a period of the first concave-convex portion in one first divided region, is within a range that does not include a predetermined value, and a first fill factor of a first divided region which is closer to the incident region than the one first divided region is within a range that includes the predetermined value (fig. 6, 310, d1, d2; ¶[0100], line 1-10, the duty of the pattern structure may be a value (d2/dl) obtained by dividing a width d2 of the pattern structure by a pitch dl of the pattern structure; ¶[0104], line 1-5, Further, similar to the third area, the first area and/or the second area included in each of the first diffraction grating layer to the third diffraction grating layer may include the pattern structure, whose duty gradually increases from one side to the other side; figs. 3-4, 512; --- the fill factor values at both side of 512 are different, one may include the predetermined value, other one does not include the predetermined value). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the projection substrate of Nakamura by the display unit of Yoon for the purpose of display unit whose a thickness and weight decreases (¶[0011], line 1-4). Regarding Claim 2, Nakamura - Yoon combination teaches that the projection substrate according to claim 1, wherein the first period of the first concave-convex portion in each of the plurality of first divided regions is constant (fig. 1A-C, 310/320/330; figs. 5-6, 310, as disclosed in Yoon). Regarding Claim 3, Nakamura - Yoon combination teaches that the projection substrate according to claim 1, wherein the splitting region includes a plurality of divided regions (fig. 4, 22 (221, 222, 223, 224, 225, as disclosed in Nakamura) and a reflection region that is provided at a position farthest from the incident region in the splitting region and reflects at least a part of light that has passed through the plurality of divided regions to the plurality of divided regions again (fig. 6, 2251, 2252; ¶[0053], line 1-13, the deeper grating depth provides higher diffraction efficiency; area 2251 or 2252 which is farthest area to the first hologram area; grating depth gradually deepens from one area of the divided third hologram area 2311 or 2312 which is closest area to the second hologram area 2201 or 2202 to one area of the divided third hologram area which is farthest area to the second hologram area 2351 or 2352 to increase luminance and uniformity; as disclosed in Nakamura) Regarding Claim 5, Nakamura - Yoon combination teaches that the projection substrate according to claim 1, wherein the predetermined value is 0.5, the first fill factor of the one first divided region farthest from the incident region among the plurality of first divided regions is within a range of 0.35 or less or 0.65 or more, and the first fill factor of a first divided region that is closer to the incident region than the one first divided region is within a range of 0.3 or more and 0.7 or less (fig. 7A, Duty values between 0.1 to 0.6; ¶[0104], line 1-5, Further, similar to the third area, the first area and/or the second area included in each of the first diffraction grating layer to the third diffraction grating layer may include the pattern structure, whose duty gradually increases from one side to the other side, as disclosed in Yoon, ---- further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955)). Regarding Claim 6, Nakamura - Yoon combination teaches that the projection substrate according to claim 1, wherein the second diffraction grating includes a plurality of second concave-convex portions, each composed of a second convex portion and a second concave portion, that are formed so as to repeat in a second direction in which the projection light is guided (fig. 2, 23; abstract, line 1-6, An imageguide comprising glass or plastic planer substrate, a first hologram area, a second hologram area, and a third hologram area which are formed on the substrate as surface relief grating, period and direction of diffraction structure of the first, second, and third hologram areas have a relationship, …. depth of diffraction structure…, as disclosed in Nakamura); the emission region includes a plurality of second divided regions (fig. 4, 23 (231-235) as disclosed in Nakamura), and a second fill factor which is a ratio of a width of the second convex portion in the second direction to a length corresponding to a second period, which is a period of the second concave-convex portion in one second divided region which is closer to the splitting region than the one second divided region among the plurality of second divided regions, is within a range that includes the predetermined value (¶[0039], line 1-10, The imageguide 120 has the second and third hologram areas are divided multiple areas; the second hologram area 22 is divided to five multiple areas 221 to 225; the third hologram area 23 is divided to five multiple areas 231 to 235; The each divided areas have different diffraction efficiency characteristics, as disclosed in Nakamura; fig. 6, 310, d1, d2; ¶[0100], line 1-10, the duty of the pattern structure may be a value (d2/dl) obtained by dividing a width d2 of the pattern structure by a pitch dl of the pattern structure; fig. 7A, Duty values between 0.1 to 0.6, as disclosed in Yoon; ---- further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955)). Regarding Claim 7, Nakamura - Yoon combination teaches that the projection substrate according to claim 6, wherein the second period of the second concave-convex portion in each of the plurality of second divided regions is constant (fig. 1A-C, 310/320/330, as disclosed in Yoon). Regarding Claim 9, Nakamura - Yoon combination teaches that the projection substrate according to claim 6, wherein the predetermined value is 0.5 (fig. 7A, Duty values between 0.1 to 0.6, as disclosed in Yoon), the second fill factor of the one second divided region is within a range that does not include the predetermined value, and a second fill factor of a second divided region that is closer to the splitting region than the one second divided region is within a range that includes the predetermined value (¶[0100], line 1-10, the duty of the pattern structure may be a value (d2/dl) obtained by dividing a width d2 of the pattern structure by a pitch dl of the pattern structure; ¶[0101], line 1-7, the third area includes the pattern structure, whose duty gradually increases from one side to the other side; figs. 3-4, 513, as disclosed in Yoon; --- the fill factor values at both side of 513 are different, one may include the predetermined value, other one does not include the predetermined value). Regarding Claim 11, Nakamura - Yoon combination teaches that the smart glasses that are worn by a user (figs. 1-2, head mounted display, as disclosed in Nakamura; ¶[0034], line 1-11, A display unit implementing Augmented Reality (AR), Mixed Reality (MR), or Virtual Reality (VR)..., as disclosed in Yoon), the smart glasses comprising: the projection substrate according to claim 1 (fig. 2, 11, 12(21, 22, 23), as disclosed in Nakamura), which is provided as at least one of a lens for the right eye or a lens for the left eye of the user, and projects the image light onto the second surface, while transmitting at least a part of light entering from the first surface to the eyes of the user (figs. 1-2, head mounted display,12 (21, 22, 23), as disclosed in Nakamura); a frame that fixes the projection substrate (figs. 1-2, head mounted display, as disclosed in Nakamura); and a projection part that is provided in the frame and radiates the projection light, for projecting the image light to the emission region onto the incident region of the projection substrate (fig. 2, 11, 12, 21, as disclosed in Nakamura). Allowable Subject Matter Claims 4, 8 and 10 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 an examiner’s statement of reasons for the allowable subject matter: The prior art taken singularly or in combination fails to anticipate or fairly suggest the limitations of the claims, in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper. In regard to claim 4, the prior art taken either singly or in combination fails to anticipate or fairly suggest a projection substrate further comprising wherein the greater an absolute value of a difference between the depth of the first concave-convex portion of the one first divided region and the depth of the first concave-convex portion of the first divided region that is closer to the incident region than the one first divided region, the smaller an absolute value of a difference between the first fill factor of the one first divided region and the first fill factor of the first divided region which is closer to the incident region than the one first divided region. In regard to claim 8, the prior art taken either singly or in combination fails to anticipate or fairly suggest a projection substrate further comprising wherein the greater an absolute value of a difference between the depth of the second concave-convex portion of the one second divided region and the depth of the second concave-convex portion of the second divided region that is closer to the splitting region than the one second divided region, the smaller an absolute value of a difference between (i) a second fill factor which is a ratio of a width of the second convex portion in the second direction to a second period of the second concave-convex portion in the one second divided region and (ii) the second fill factor of the second divided region that is closer to the splitting region than the one second divided region. Claim 10 is objected to as being dependent upon claim 8. Examiner’s Note Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner. Conclusion Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm. If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application 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 application 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 Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000. /JIE LEI/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Oct 16, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+16.7%)
2y 9m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 916 resolved cases by this examiner. Grant probability derived from career allowance rate.

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