Prosecution Insights
Last updated: August 17, 2026
Application No. 18/962,393

Metalenses for Use in Night-Vision Technology

Non-Final OA §103§112
Filed
Nov 27, 2024
Priority
Jan 21, 2021 — provisional 63/140,191 +1 more
Examiner
JUNG, JONATHAN Y
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Northeastern University
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
301 granted / 414 resolved
+4.7% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
34 currently pending
Career history
434
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
61.3%
+21.3% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 414 resolved cases

Office Action

§103 §112
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 1224 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of “A method of making a thin film IR imaging device, the method comprising the steps of: (a) providing a patterned metalens template, a metalens substrate material, a plurality of metalens nanomaterials, a patterned absorber template, an absorber substrate, a plurality of absorber nanomaterials; (b) assembling, using a directed assembly method, the absorber nanomaterials on the absorber template according to the absorber template pattern to form a loaded absorber template; (c) contacting the absorber substrate with the loaded absorber template, whereby absorber nanomaterials are transferred to the absorber substrate to form a plasmonic absorber layer; (d) depositing the metalens substrate material onto the plasmonic absorber layer at the side containing the absorber nanomaterials to form a plasmonic absorber layer-metalens substrate composite; (e) assembling, using a directed assembly method, the metalens nanomaterials on the metalens template according to the metalens template pattern to form a loaded metalens template; and (f) contacting the plasmonic absorber layer-metalens substrate composite at the side opposite the absorber nanomaterials with the loaded metalens template, whereby metalens nanomaterials are transferred to the metalens substrate to form the device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 1, 6 and 9 are objected to because of the following informalities: In claim 1 and line 1, “IR imaging” should be “infrared (IR) imaging” because “IR” is an abbreviation which is not defined. Every abbreviation used in the claims or specification should be defined the first time it is used. In claim 1 and line 6, “the absorber nanomaterials” should be “the plurality of absorber nanomaterials” or “absorber nanomaterials”. In claim 1 and line 15, “the metalens nanomaterials” should be “the plurality of metalens nanomaterials” or “metalens nanomaterials”. In claim 1 and line 20, “the device” should be “the thin film IR imaging device”. In claim 6 line 1, “the directed assembly” should be “the directed assembly method”. In claim 9 line 2, “the circuits” should be “the plurality of circuits”. The examiner did not necessarily identify all informalities in the claim(s). Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2-3 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 recites the limitation "the step of: (c1) depositing a spacer layer onto the plasmonic absorber layer - metalens substrate composite at the side containing the absorber nanostructures" in lines 1-3. It is not clear how a spacer layer can be deposited onto the plasmonic absorber layer - metalens substrate composite, because the plasmonic absorber layer - metalens substrate composite is not yet formed. The plasmonic absorber layer - metalens substrate composite is formed in the step (d) when the metalens substrate material is deposited onto the plasmonic absorber layer at the side containing the absorber nanomaterials. Claim 3 is rejected because it depends upon claim 2; it is likewise rejected under the same rationale as that set forth above with respect to claim 2. Claim 13 recites the limitation "the metalens layer" in line 3. There is insufficient antecedent basis for this limitation in the claim. Because in claim 1, there is no “a metalens layer”, it is unclear which metalens layer it refers to. Did the applicant intend to recite “the metalens substrate”? Is “a metalens layer” a metalens substrate with metalens nanomaterials disposed thereon? (which is not defined in the claim). Thereby as being indefinite, claim 13 fails to particular point out and distinctly claim the subject matter. For examination purposes, examiner has interpreted “the metalens layer” as “the metalens substrate”. 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 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. Claims 1-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Busnaina (US 20140318967) in view of Siddique (US 20210337140), and in further view of Salsman (US 2012/0326015). Regarding claim 1, Busnaina discloses a method of making a thin film device (Figs. 1-2; see Paras. [0036]-[0038] identifying the embodiment shown in Figs. 1-2), the method comprising the steps of: (a) providing a patterned template (see the patterned template in Fig. 1A; Para. [0036] “a damascene template”), a substrate material (see the flexible substrate for a printing transfer method in Fig. 2; Para. [0038] “Using electrophoresis nanoelements are assembled on the electrodes of the damascene template, which are then transferred to a flexible substrate using a printing transfer method”), a plurality of nanomaterials (see nanoelements in Fig. 2 to be assembled on the template; Para. [0038] “electrophoresis nanoelements”); (b) assembling, using a directed assembly method (see Fig. 2 and Para. [0060] “Electrophoresis is employed to achieve directed assembly of nanoelements, while a transfer printing method is employed to transfer the assembled nanoelements onto the surface of a flexible substrate”), the nanomaterials on the template according to the template pattern to form a loaded template (see the electrophoretic assembly described in Fig. 2 and Paras. [0038], [0060]); (c) contacting the substrate with the loaded template, whereby nanomaterials are transferred to the substrate to form a layer (Fig. 2 and Para. [0035] “contacting the patterned assembly of nanoelements with the flexible polymer substrate and applying pressure, whereby the patterned assembly of nanoelements is transferred onto the flexible patterned substrate”). Busnaina does not explicitly disclose the method of making the thin film device being a method of making a thin film IR imaging device; such that the method comprises the steps of: (a) the patterned template being a patterned metalens template, the substrate material being a metalens substrate material, the plurality of nanomaterials being a plurality of metalens nanomaterials, a patterned template being a patterned absorber template, a substrate being an absorber substrate, and a plurality of nanomaterials being a plurality of absorber nanomaterials; (b) assembling, using a directed assembly method, the absorber nanomaterials on the absorber template according to the absorber template pattern to form a loaded absorber template; (c) contacting the absorber substrate with the loaded absorber template, whereby absorber nanomaterials are transferred to the absorber substrate to form a plasmonic absorber layer; (d) depositing the metalens substrate material onto the plasmonic absorber layer at the side containing the absorber nanomaterials to form a plasmonic absorber layer - metalens substrate composite; (e) assembling, using a directed assembly method, the metalens nanomaterials on the metalens template according to the metalens template pattern to form a loaded metalens template; and (f) contacting the plasmonic absorber layer - metalens substrate composite at the side opposite the absorber nanomaterials with the loaded metalens template, whereby metalens nanomaterials are transferred to the metalens substrate to form the device. However, Siddique teaches providing a thin film IR imaging device (Figs. 1-2A; Paras. [0028]-[0029], [0045], and [0050]), wherein the thin film IR imaging device comprises: a metalens layer (202; Para. [0001]) comprising a metalens substrate (208) and a plurality of metalens nanostructures (210; Para. [0074]) disposed on the metalens substrate; and an absorber layer (204, 104; Paras. [0066], [0044]) disposed beneath the metalens layer, the absorber layer comprising an absorber substrate (212, 112) and a plurality of absorber nanostructures (214, 114) disposed on the absorber substrate, and Salsman further teaches an absorber layer being a plasmonic absorber layer (51, 53 in Figs. 3A-3B; Para. [0022]) wherein the absorber nanostructures each comprise a plurality of nanoparticles (Para. [0027]). Because the method of making a thin film device with nanostructures as taught by Busnaina can be used for a thin film IR device with nanostructures, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as taught by Busnaina with the teachings of Siddique and Salsman, to have a method of making a thin film IR imaging device; the method comprises the steps of: (a) the patterned template being a patterned metalens template, the substrate material being a metalens substrate material, the plurality of nanomaterials being a plurality of metalens nanomaterials, a patterned template being a patterned absorber template, a substrate being an absorber substrate, and a plurality of nanomaterials being a plurality of absorber nanomaterials; (b) assembling, using a directed assembly method, the absorber nanomaterials on the absorber template according to the absorber template pattern to form a loaded absorber template; (c) contacting the absorber substrate with the loaded absorber template, whereby absorber nanomaterials are transferred to the absorber substrate to form a plasmonic absorber layer; (d) depositing the metalens substrate material onto the plasmonic absorber layer at the side containing the absorber nanomaterials to form a plasmonic absorber layer - metalens substrate composite; (e) assembling, using a directed assembly method, the metalens nanomaterials on the metalens template according to the metalens template pattern to form a loaded metalens template; and (f) contacting the plasmonic absorber layer - metalens substrate composite at the side opposite the absorber nanomaterials with the loaded metalens template, whereby metalens nanomaterials are transferred to the metalens substrate to form the device, for the purpose of utilizing the method of making a thin film device for providing a thin film IR imaging device (Siddique: Para. [0050]). Regarding claim 2, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above. Busnaina does not explicitly disclose the step of: (c1) depositing a spacer layer onto the plasmonic absorber layer - metalens substrate composite at the side containing the absorber nanostructures (see 112(b) rejections above). However, Siddique teaches providing a spacer layer (the space formed between 202 and 204/104 in 200) disposed between the metalens layer and the plasmonic absorber layer (regarding the plasmonic absorber layer, see Salsman: Para. [0022] above). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique and Salsman, to have the step of: (c1) depositing a spacer layer onto the plasmonic absorber layer - metalens substrate composite at the side containing the absorber nanostructures, for the purpose of creating a focal distance (Siddique: Para. [0072]). Regarding claim 3, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 2 above. Busnaina does not explicitly disclose the thickness of the spacer layer places the plasmonic absorber layer at a focal plane of the metalens substrate. However, Siddique teaches providing a spacer layer, wherein the thickness of the spacer layer places the plasmonic absorber layer at a focal plane of the metalens substrate (Figs. 1-2; Para. [0072]) (regarding the plasmonic absorber layer, see Salsman: Para. [0022] above). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique and Salsman, wherein the thickness of the spacer layer places the plasmonic absorber layer at a focal plane of the metalens substrate, for the purpose of using the metalens substrate to focus IR radiation (Siddique: Para. [0072]). Regarding claim 4, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above. Busnaina does not explicitly disclose the plasmonic absorber layer comprises an array of pixels. However, Siddique teaches providing an absorber layer comprises an array of pixels (Para. [0068]) (regarding the plasmonic absorber layer, see Salsman: Para. [0022] above). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique and Salsman, wherein the plasmonic absorber layer comprises an array of pixels, for the purpose of utilizing arrays as a sensor array including a plurality of sensor pixels (Siddique: Para. [0068]). Regarding claim 5, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 4 above. Busnaina does not explicitly disclose each pixel of the plasmonic absorber layer comprises two or more different zones, each zone configured to absorb and convert IR radiation of a different wavelength range, and wherein step (b) comprises assembling different nanostructures in each zone. However, Siddique teaches a plasmonic absorber layer of each pixel comprises two or more different zones, each zone configured to absorb and convert IR radiation of a different wavelength range (see two zones including 204 and 104 in Fig. 2A; Para. [0066]) (regarding the plasmonic absorber layer, see Salsman: Para. [0022] above). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique and Salsman, wherein each pixel of the plasmonic absorber layer comprises two or more different zones, each zone configured to absorb and convert IR radiation of a different wavelength range, and wherein step (b) comprises assembling different nanostructures in each zone, for the purpose of absorbing or converting IR radiation of a different wavelength range (Siddique: Para. [0066]). Regarding claim 6, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above, and Busnaina further discloses wherein the directed assembly in step (b) and/or in step (e) comprises dip-coating the respective template in a liquid suspension of nanoelements and assembling nanoelements from the suspension on the template by a process comprising electrophoresis, dielectrophoresis, or fluidic assembly (Paras. [0025]-[0026], [0060]). Regarding claim 7, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 6 above, and Busnaina further discloses wherein the nanoelements are selected from the group consisting of metallic, semi-conducting, or insulating nanoparticles, nanorods, nanocrystals, quantum dots, and metallic or semiconducting nanotubes ([Claim 29]). Regarding claim 8, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 6 above, and Busnaina further discloses, after step (b) and/or (e): fusing the assembled nanoelements (see Para. [0041] teaching the assembled nanoelements may be fused into a circuit). Regarding claim 9, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 4 above. Busnaina does not explicitly disclose further comprising providing in step (a) a plurality of circuits corresponding to the pixel pattern of the plasmonic absorber layer, the circuits operative to receive electrical signals produced by the pixels of the plasmonic absorber layer, amplify the signals, and output the amplified signals and, after step (a), depositing the absorber substrate over the plurality of circuits. However, Salsman teaches providing a plurality of circuits (Para. [0022] “Image sensors 52 may include components such as … transistors”) corresponding to the pixel pattern of the plasmonic absorber layer (Fig. 3), operative to receive electrical signals produced by the pixels of the plasmonic absorber layer, amplify the signals, and output the amplified signals (Para. [0022]) (the examiner considers a transistor is known to amplify current and voltage), and the circuits disposed beneath the absorber substrate (Fig. 3A). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Salsman, to provide in step (a) a plurality of circuits corresponding to the pixel pattern of the plasmonic absorber layer, the circuits operative to receive electrical signals produced by the pixels of the plasmonic absorber layer, amplify the signals, and output the amplified signals and, after step (a), depositing the absorber substrate over the plurality of circuits, for the purpose of using known plasmonic structures to guide IR light and converting the IR light into an electrical signal for image sensors (Salsman: Para. [0020]). Regarding claim 10, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 9 above, and Busnaina further discloses assembling the plurality of circuits using a directed assembly method (Paras. [0038], [0041]-[0042]). Regarding claim 11, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above, and Busnaina further discloses wherein the transfer of absorber nanomaterials of step (c) and/or the transfer of metalens nanomaterials of step (f) comprises application of heat and/or pressure (Para. [0009]) (regarding the metalens, see Siddique: Figs. 1-2A and Para. [0001] above). Regarding claim 12, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above. Busnaina does not explicitly disclose the thin film IR imaging device is configured for use in an IR imaging instrument selected from the group consisting of a pair of night-vision glasses/goggles, a forward looking infrared (FLIR) camera, a redshifted telescope, a satellite imaging instrument, a pair of binoculars, a temperature sensor, a medical and/or industrial diagnostic instrument, a scope, tracking, and homing instrument. However, Siddique teaches a thin film IR imaging device is configured for use in an IR imaging instrument as a pair of night-vision glasses/goggles (Para. [0050] “a thermal camera, a night-vision camera”; the examiner considers that a night-vision camera has a screen to see the thermal and/or night-vison image). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique, wherein the thin film IR imaging device is configured for use in an IR imaging instrument selected from the group consisting of a pair of night-vision glasses/goggles, a forward looking infrared (FLIR) camera, a redshifted telescope, a satellite imaging instrument, a pair of binoculars, a temperature sensor, a medical and/or industrial diagnostic instrument, a scope, tracking, and homing instrument, for the purpose of using a thin film IR imaging device for a night-vision camera (Siddique: Para. [0050]). Regarding claim 14, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above. Busnaina does not explicitly disclose integrating the thin film IR imaging device into a device comprising a display configured as a screen, projector, or wearable optical device. However, Siddique teaches integrating the thin film IR imaging device into a device comprising a display configured as a screen (Para. [0050] “a thermal camera, a night-vision camera”) (the examiner considers that a night-vision camera has a screen to see the thermal and/or night-vison image). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Siddique, to have integrating the thin film IR imaging device into a device comprising a display configured as a screen, projector, or wearable optical device, for the purpose of using a thin film IR imaging device for a night-vision camera (Siddique: Para. [0050]). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Busnaina in view of Siddique and Salsman, and in further view of Groever (US 2021/0149081). Regarding claim 13, Busnaina as modified by Siddique and Salsman discloses the limitations of claim 1 above. Busnaina does not explicitly disclose the metalens nanomaterials form metalens nanostructures configured to capture a gradient of high to low incidence IR radiation from the periphery to the center of the metalens substrate (see 112(b) rejections above). However, Groever teaches metalens nanomaterials forming metalens nanostructures (see meta-lens having nanomaterials in Fig. 1A) configured to capture a gradient of high to low incidence IR radiation from the periphery to the center of the metalens (Paras. [0061] and [0065]). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the method as disclosed by Busnaina with the teachings of Groever, wherein the metalens nanomaterials form metalens nanostructures configured to capture a gradient of high to low incidence IR radiation from the periphery to the center of the metalens layer, for the purpose of realizing diffraction-limited focusing along a focal plane for an incident angle (Groever: Para. [0061]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 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, Michael H Caley can be reached on (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 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. /JONATHAN Y JUNG/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Nov 27, 2024
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.5%)
2y 5m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 414 resolved cases by this examiner. Grant probability derived from career allowance rate.

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