Prosecution Insights
Last updated: October 02, 2026
Application No. 18/991,305

OPTICAL STRUCTURE AND MANUFACTURING METHOD THEREOF, AND DISPLAY APPARATUS

Non-Final OA §102
Filed
Dec 20, 2024
Priority
Dec 28, 2023 — CN 202311841450.9
Examiner
GAGNON, GRANT A
Art Unit
Tech Center
Assignee
Lemon Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
395 granted / 477 resolved
+22.8% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
39 currently pending
Career history
509
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
42.6%
+2.6% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 477 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu (CN 110308559, of record) herein after referred to as D1. With regard to claim 1, D1 teaches an optical structure, in at least (figure 1 and paragraphs 39-46); comprising: an optical element (40), comprising a first surface (40, right side) and a second surface (40, left side) opposite to each other; a light-transmitting protective film (30), between the optical element (40) and air (area between 30 and 20), and the light-transmitting protective film (30) is at least in contact with at least one of the first surface (40, right side) and second surface (40, left side), wherein the optical element (40) comprises a lens structure (Fig. 1) and a transflective film (30), a reflective polarizing film (60), and a phase retardation film (50) provided on the lens structure (Fig. 1), the lens structure (Fig. 1) comprises a first lens surface (30) and a second lens surface (60) respectively provided on a light incident side (a) and a light exiting side (d) of the lens structure (Fig. 1), at least one of the first lens surface (30) and the second lens surface (60) is a curved surface (30), both the reflective polarizing film (60) and the phase retardation film (50) are provided on a side of the transflective film (30) facing the second lens surface (60), the first surface (40, right side) and the second surface (40, left side) comprise at least one of the group consisting of a surface of the transflective film (30), a surface of the phase retardation film (50), a surface of the reflective polarizing film (60), the first lens surface (30) and the second lens surface (60); the light-transmitting protective film (30) comprises a first structure (50) and a second structure (60) stacked with each other, the second structure (60) is in contact with the air (area between 30 and 20), and the first structure (50) is in contact with the optical element (40), a compactness of the first structure (50) is greater than a compactness of the second structure (60), the second structure (60) comprises a plurality of microstructures (paragraphs 39-46), and at least part of the microstructures (paragraphs 39-46) have a pitch of a feature size in a direction parallel to a surface, of the first structure (50), in contact with the optical element (40), and the feature size is not greater than a working wavelength of the optical element (40). 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein a water vapor transmission rate of the first structure (50) is ≤1 g*mm/(m.sup.2*24 h) (paragraphs 39-46). 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the feature size is 10 nm to 300 nm (paragraphs 39-46). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein an average thickness of the light-transmitting protective film (30) is 50 nm to 10 μm (paragraphs 39-46). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein an average thickness of the second structure (60)is 20 nm to 300 nm (paragraphs 39-46). 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein a refractive index of the first structure (50) is greater than an equivalent refractive index (paragraphs 39-46) of the second structure (60), and the refractive index of the first structure (50) is 1.4 to 2.5, and the equivalent refractive index of the second structure (60) gradually decreases in an arrangement direction of the first structure (50) towards the second structure (60). 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 6, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein a size of each microstructure in a direction parallel to the surface of the first structure (50) in contact with the optical element (40) is a cross-sectional size, and in the arrangement direction, the at least a part of the microstructures (paragraphs 39-46) have decreasing cross-sectional sizes (paragraphs 39-46). 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 7, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the at least part of the microstructures (paragraphs 39-46) have a shape of a circular truncated cone or a cone. 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein a material of the light-transmitting protective film (30) comprises one or more of parylene (paragraphs 39-46) and its various substituted derivatives, hexamethyldisiloxane, polytetrafluoroethylene (paragraphs 39-46; polymer), acrylic acids, and fluorosilanes. With regard to claim 10, 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the second structure (60) in the light-transmitting protective film (30) is configured to have a reflectivity to visible light of lower than 0.2% (paragraphs 39-46; reflectivity is low). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the light-transmitting protective film (30) completely encloses the optical element (40). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the first structure (50) and the second structure (60) are integrally arranged. 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); further comprising: a linear polarizing film, on a side of the reflective polarizing film (60) away from the transflective film (30). 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 13, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the second surface (40, left side)comprises a surface of the linear polarizing film (paragraphs 39-46; linearly polarized light). 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 5, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein an average thickness of the first structure (50) is greater than the average thickness of the second structure (60). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the feature size is 10 nm to 300 nm, a refractive index of the first structure (50) is greater than an equivalent refractive index (paragraphs 39-46; refractive index) of the second structure (60), and an average thickness of the light-transmitting protective film (30) is 50 nm to 10 μm (paragraphs 39-46; and tables 1-4). With regard to claim 17, 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 structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the second structure (60) in the light-transmitting protective film (30) is configured to have a reflectivity to visible light of lower than 0.2% (paragraphs 39-46; and tables 1-4). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the light-transmitting protective film (30) completely encloses the optical element (40), and the first structure (50) and the second structure (60 )are integrally arranged. 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); wherein the optical structure is provided on a display side of the display screen, and the second surface (40, left side) is provided on a side of the first surface (40, right side) away from the display screen (paragraphs 39-46; and tables 1-4; light emitting side of the display screen). 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 1, wherein D1 further teaches an optical structure, in at least (Fig. 1; paragraphs 39-46; and tables 1-4); comprising: forming the plurality of microstructures (paragraphs 39-46) in the light-transmitting protective film (30) through plasma etching. 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 (AREA BETWEEN 30 AND 20)) 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
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Prosecution Timeline

Dec 20, 2024
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §102 (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
83%
Grant Probability
91%
With Interview (+7.8%)
2y 7m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 477 resolved cases by this examiner. Grant probability derived from career allowance rate.

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