Prosecution Insights
Last updated: August 06, 2026
Application No. 18/928,013

Frequency-Selective Optical Metalens Filters

Non-Final OA §103
Filed
Oct 26, 2024
Priority
Jun 30, 2020 — provisional 63/046,094 +2 more
Examiner
CHANG, AUDREY Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Imagia Inc.
OA Round
1 (Non-Final)
47%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allowance Rate
591 granted / 1267 resolved
-21.4% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
66 currently pending
Career history
1324
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
35.2%
-4.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1267 resolved cases

Office Action

§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 § 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. 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. Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent application publication by Han et al (US 2018/0158856 A1) in view of the US patent application publication by Han et al (US 2019/0034035 A1) and US patent application publication by Yang et al (US 2020/0098814 A1). Han et al (‘856) teaches, with regard to claim 1, a meta-filter that serves as the frequency-selective optical filter that is comprised of one-dimensional or two-dimensional arrays of subwavelengths unit cells or meta-filter unit, (120, please see Figures 1, 2, 3A-3D and paragraphs [0019], [0058]), wherein each subwavelength unit cell that is comprised of a substrate (sr) serves as the optically transmissive medium and an array of passive deflectors or nanostructures (ns) arranged within the optically transmissive medium, (please see Figure 2). The interelement on-center spacings of the nanostructures or passive deflector elements are selected to reflect optical radiation within a target bandwidth (i.e. of a first wavelength) and pass optical radiation at frequency or wavelength (i.e. second wavelength) outside of the target bandwidth to locations other than, (please see Figure 1). The array of passive deflector elements or nanostructures is configured for dual-frequency or dual-wavelengths response. This reference has met all the limitations of the claims. This reference does not teach explicitly that the deflector elements or the nanostructure have varying diameters. Han et al (‘035) in the same field of endeavor teaches a meta structure that has an array of nanostructures (NS, Figures 3 and 4) that each has a diameter (D), an interelement center spacing (P) and a height (t) that are each has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Han et al (‘035) also teaches the array of nanostructures may have varying diameter, (please see Figures 4 and 11) to provide structured light, (please see paragraphs [0098] and [0099]). It would then have been obvious to one skilled in the art to apply the teachings of Han et al (‘035) to make the array of nanostructures of deflector elements to have varying diameters for the benefit of generating structured light. It is within general level skilled in the art to design the structured light to include desired focal length In response to the feature “the array of passive deflector elements is configured for dual-frequency response with the interelement on-center spacings of a first set of the passive deflector elements selected as a function of a first operation wavelength”, Han et al (‘035) teaches that metastructure with a plurality nanostructures (NS, Figures 3 and 4) wherein the interelement on-center spacing (P) has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Yang et al in the same field of endeavor teaches an array of meta-surface structures for an image sensor wherein each of the meta-surface structure comprises a plurality of nanostructures (310p, Figure 5). Yang et al teaches that the meta-surface structure for different wavelengths has a different interelement on-center spacing (P1, P2 and P3, Figure 5). This means the interelement on-center spacing of a first set of the deflector elements or the nanostructures may be selected as a function of a first operational wavelength and the interelement on-center spacing of a second set of the passive deflector elements or the nanostructures may be selected as a function of a second operational wavelength, (please see paragraph [0042]). With regard to claim 2, Han et al (‘035) teaches that each of the defector elements or the nanostructures comprises a cylinder having a diameter (D), a height (t) and an on-center nearest neighbor interelement spacing (P) wherein the diameter of each deflector element varies based on the relative location of the deflector element in the repeating pattern, (please see Figures 4 and 12). With regard to claim 3, Han et al (‘856) teaches the passive deflector elements or nanostructures are polarization independent. Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent application publication by Han et al (US 2018/0158856 A1) in view of the US patent application publication by Han et al (US 2019/0034035 A1) and US patent application publication by Yang et al (US 2020/0098814 A1). Han et al (‘856) teaches, with regard to claim 4, a meta-filter that serves as the frequency-selective optical filter that is comprised of one-dimensional or two-dimensional arrays of subwavelengths unit cells or meta-filter unit, (120, please see Figures 1, 2, 3A-3D and paragraphs [0019], [0058]), wherein each subwavelength unit cell that is comprised of a substrate (sr) serves as the optically transmissive medium and an array of passive deflectors or nanostructures (ns) arranged within the optically transmissive medium, (please see Figure 2). The interelement on-center spacings of the nanostructures or passive deflector elements are selected to reflect optical radiation within a target bandwidth (i.e. of a first wavelength) and pass optical radiation at frequency or wavelength (i.e. second wavelength) outside of the target bandwidth to locations other than, (please see Figure 1). The array of passive deflector elements or nanostructures is configured for dual-frequency or dual-wavelengths response. This reference has met all the limitations of the claims. This reference does not teach explicitly that the deflector elements or the nanostructure have varying diameters. Han et al (‘035) in the same field of endeavor teaches a meta structure that has an array of nanostructures (NS, Figures 3 and 4) that each has a diameter (D), an interelement center spacing (P) and a height (t) that are each has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Han et al (‘035) also teaches the array of nanostructures may have varying diameter, (please see Figures 4 and 11) to provide structured light, (please see paragraphs [0098] and [0099]). It would then have been obvious to one skilled in the art to apply the teachings of Han et al (‘035) to make the array of nanostructures of deflector elements to have varying diameters for the benefit of generating structured light. It is within general level skilled in the art to design the structured light to include desired focal length In response to the feature “the array of passive deflector elements is configured for mutli-frequency response with the interelement on-center spacings of a first set of the passive deflector elements selected as a function of a first operation wavelength”, Han et al (‘035) teaches that metastructure with a plurality nanostructures (NS, Figures 3 and 4) wherein the interelement on-center spacing (P) has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Yang et al in the same field of endeavor teaches an array of meta-surface structures for an image sensor wherein each of the meta-surface structure comprises a plurality of nanostructures (310p, Figure 5). Yang et al teaches that the meta-surface structure for different wavelengths has a different interelement on-center spacing (P1, P2 and P3, Figure 5). This means the interelement on-center spacing of a first set of the deflector elements or the nanostructures may be selected as a function of a first operational wavelength, the interelement on-center spacing of a second set of the passive deflector elements or the nanostructures may be selected as a function of a second operational wavelength, and the interelement on-center spacing of a third set of the passive deflector elements or the nanostructures may be selected as a function of a third operational wavelength (please see paragraph [0042]). With regard to claim 5, Han et al (‘035) teaches that each of the defector elements or the nanostructures comprises a cylinder having a diameter (D), a height (t) and an on-center nearest neighbor interelement spacing (P) wherein the diameter of each deflector element varies based on the relative location of the deflector element in the repeating pattern, (please see Figures 4 and 12). With regard to claim 6, Han et al (‘856) teaches the passive deflector elements or nanostructures are polarization independent. Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent application publication by Han et al (US 2018/0158856 A1) in view of the US patent application publication by Han et al (US 2019/0034035 A1) and US patent application publication by Yang et al (US 2020/0098814 A1). Han et al (‘856) teaches, with regard to claim 7, a meta-filter that serves as the frequency-selective optical filter that is comprised of one-dimensional or two-dimensional arrays of subwavelengths unit cells or meta-filter unit, (120, please see Figures 1, 2, 3A-3D and paragraphs [0019], [0058]), wherein each subwavelength unit cell that is comprised of a substrate (sr) serves as the optically transmissive medium and an array of passive deflectors or nanostructures (ns) arranged within the optically transmissive medium, (please see Figure 2). The interelement on-center spacings of the nanostructures or passive deflector elements are implicitly selected to reflect optical radiation within a target bandwidth (i.e. of a first wavelength) and pass optical radiation at frequency or wavelength (i.e. second wavelength) outside of the target bandwidth to locations other than, (please see Figure 1). The array of passive deflector elements or nanostructures is configured for dual-frequency or dual-wavelengths response. This reference has met all the limitations of the claims. This reference does not teach explicitly that the deflector elements or the nanostructure have varying diameters. Han et al (‘035) in the same field of endeavor teaches a meta structure that has an array of nanostructures (NS, Figures 3 and 4) that each has a diameter (D), an interelement center spacing (P) and a height (t) that are each has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Han et al (‘035) also teaches the array of nanostructures may have varying diameter, (please see Figures 4 and 11) to provide structured light, (please see paragraphs [0098] and [0099]). It would then have been obvious to one skilled in the art to apply the teachings of Han et al (‘035) to make the array of nanostructures of deflector elements to have varying diameters for the benefit of generating structured light. It is within general level skilled in the art to design the structured light to include desired focal length. With regard to claim 8, Han et al (‘035) teaches that each of the defector elements or the nanostructures comprises a cylinder having a diameter (D), a height (t) and an on-center nearest neighbor interelement spacing (P) wherein the diameter of each deflector element varies based on the relative location of the deflector element in the repeating pattern, (please see Figures 4 and 12). With regard to claim 9, Han et al (‘856) teaches the passive deflector elements or nanostructures are polarization independent. With regard to claim 10, Han et al (‘035) teaches that metastructure with a plurality nanostructures (NS, Figures 3 and 4) wherein the interelement on-center spacing (P) has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Yang et al in the same field of endeavor teaches an array of meta-surface structures for an image sensor wherein each of the meta-surface structure comprises a plurality of nanostructures (310p, Figure 5). Yang et al teaches that the meta-surface structure for different wavelengths has a different interelement on-center spacing (P1, P2 and P3, Figure 5). This means the interelement on-center spacing of a first set of the deflector elements or the nanostructures may be selected as a function of a first operational wavelength, the interelement on-center spacing of a second set of the passive deflector elements or the nanostructures may be selected as a function of a second operational wavelength, and the interelement on-center spacing of a third set of the passive deflector elements or the nanostructures may be selected as a function of a third operational wavelength (please see paragraph [0042]). This makes the array of deflector elements of each subwavelength unit cell is configured to a multi-frequency response with the interelement on-center spacings. With regard to claim 11, Han et al (‘035) teaches that metastructure with a plurality nanostructures (NS, Figures 3 and 4) wherein the interelement on-center spacing (P) has a value that is less than the wavelength (l) of the incident light, (please see paragraphs [0085] to [0087]). Yang et al in the same field of endeavor teaches an array of meta-surface structures for an image sensor wherein each of the meta-surface structure comprises a plurality of nanostructures (310p, Figure 5). Yang et al teaches that the meta-surface structure for different wavelengths has a different interelement on-center spacing (P1, P2 and P3, Figure 5). This means the interelement on-center spacing of a first set of the deflector elements or the nanostructures may be selected as a function of a first operational wavelength, and the interelement on-center spacing of a second set of the passive deflector elements or the nanostructures may be selected as a function of a second operational wavelength, (please see paragraph [0042]). This makes the array of deflector elements of each subwavelength unit cell is configured to a dual-frequency response with the interelement on-center spacings. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY Y CHANG whose telephone number is (571)272-2309. The examiner can normally be reached M-TH 9:00AM-4:30PM. 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, Stephone B Allen can be reached at 571-272-2434. 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. AUDREY Y. CHANG Primary Examiner Art Unit 2872 /AUDREY Y CHANG/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Oct 26, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §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
47%
Grant Probability
67%
With Interview (+20.1%)
3y 5m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1267 resolved cases by this examiner. Grant probability derived from career allowance rate.

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