CTNF 19/019,305 CTNF 91883 DETAILED ACTION This office action is in response to the application filed on January 13, 2025. Claims 1 – 20 are pending. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 06-52 The information disclosure statement (IDS) was submitted on January 29, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Specification 06-16 AIA Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. 06-13 AIA The abstract of the disclosure is objected to because it uses the phrase “Imaging systems, cameras, and image sensors of this disclosure include…” which can be implied . Correction is required. See MPEP § 608.01(b). Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1 - 11, 13 and 15 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2017/0109865 A1 ) referred to as Lin hereinafter, and in view of Oh et al. (US 2018/0143470 A1) referred to as Oh hereinafter . Regarding Claim 1, KIM teaches an image sensor (Fig. 1, image sensor 150) comprising: imaging pixels including a first subpixel configured to sense image light and a second subpixel configured to sense the image light (Par. [0055] The photoelectric conversion cell array 50 is configured to acquire image information for each color by detecting, in pixel units, light which has passed through the color filter 30, and each photoelectric conversion cell 51 may be configured to one-to-one correspond to each color filter element 30R, 30G, or 30B in the color filter 30 (i.e. pattern). Par. [0056] the image sensor 150 may have a 2D array arrangement of color pixels of which a basic unit includes one R pixel, two G pixels, and one B pixel (i.e. subpixels)); and a patterned liquid crystal polarization hologram (LCPH) layer (Fig. 8, Par. [0082] the plurality of optical path modulation optical elements 10 are provided as the optical path modulation optical element array 100, the plurality of optical path modulation optical elements 10 may be arranged so as to one-to-one correspond to the plurality of microlenses 210 of the microlens array 200, where Par. [0069] For the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element may be applied), wherein the patterned LCPH layer includes: a first microlens region included in the patterned LCPH layer configured to focus the image light to the first subpixel and the second subpixel; and a second microlens region included in the patterned LCPH layer configured to focus the image light to the second subpixel and the first subpixel (Par. [0083] a plurality of images traveling in a plurality of directions by the main lens 70 may be respectively incident to the plurality of microlenses 210 (i.e. first and second microlenses), shifted by, for example, one pixel, in a time division manner by the plurality of optical path modulation optical elements 10 corresponding to the plurality of microlenses 210 and incident to corresponding regions of the color filter 30. Color images which have passed through color filter elements 30R, 30G, and 30B (i.e. subpixels) in the corresponding regions of the color filter 30 (i.e. pattern) may be acquired as image information for each direction and for each color by the corresponding photoelectric conversion cells 51). Kim does not specifically teach focusing the image light on one subpixels and not another subpixel. Therefore, KIM fails to explicitly teach a first region included in the patterned layer configured to focus the image light to the first subpixel and not the second subpixel; and a second region included in the patterned layer configured to focus the image light to the second subpixel and not the first subpixel. However, Oh teaches a first region included in the patterned layer configured to focus the image light to the first subpixel and not the second subpixel; and a second region included in the patterned layer configured to focus the image light to the second subpixel and not the first subpixel (Par. [0056] LC materials can be configured as phase gratings. LC grating structures (i.e. pattern liquid crystal layer) can be used to selectively diffract light (i.e. focus image light) along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency. Examples of LC metasurface can include liquid crystal metamaterials and/or liquid crystal based Pancharatnam-Berry phase optical elements (PBPE). Par. [0123] the substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying focusing light on different regions as suggested by Oh in the invention of KIM in order to have the ability to diffract incoming light in a wide range of wavelength incident in a wide range of incident angles with high efficiency (See Oh, Par. [0105]). Regarding Claim 2, KIM in view of Oh teaches claim 1. KIM further teaches the liquid crystals in the patterned LCPH layer (Par. [0069] the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element). KIM does not specifically teach the pattern layer is doped to pass different wavelengths. KIM fails to explicitly teach liquid crystals in the patterned layer are doped to: pass a first wavelength band of the image light to the first subpixel and not the second subpixel; and pass a second wavelength band of the image light to the second subpixel and not the first subpixel. Oh further teaches liquid crystals in the patterned layer are doped (Par. [0128] The layer of liquid crystal material 1207 can include a doped or an un-doped liquid crystal material) to: pass a first wavelength band of the image light to the first subpixel and not the second subpixel; and pass a second wavelength band of the image light to the second subpixel and not the first subpixel (Par. [0056] LC materials can be configured as phase gratings. LC grating structures (i.e. pattern liquid crystal layer) can be used to selectively diffract light (i.e. focus image light) along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency. Examples of LC metasurface can include liquid crystal metamaterials and/or liquid crystal based Pancharatnam-Berry phase optical elements (PBPE). Par. [0123] the substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying focusing light on different regions as suggested by Oh in the invention of KIM in order to have the ability to diffract incoming light in a wide range of wavelength incident in a wide range of incident angles with high efficiency (See Oh, Par. [0105]). Regarding Claim 3, KIM in view of Oh teaches claim 1. KIM further teaches wherein the microlens regions have a one-to-one correspondence with subpixels of the imaging pixels (Par. [0082] the plurality of optical path modulation optical elements 10 may be arranged so as to one-to-one correspond to the plurality of microlenses 210 of the microlens array 200). Regarding Claim 4, KIM in view of Oh teaches claim 1. KIM further teaches wherein the first microlens region is rectangular, and wherein the second microlens region is rectangular (Par. [0096] the image acquisition apparatus may include any one of a color filter 130 of an RGBW pattern and a color filter 230 of an RGB pattern shown in FIGS. 13 and 14 (i.e. rectangular region) as the color filter 30). Regarding Claim 5, KIM in view of Oh teaches claim 1. KIM further teaches further comprising: a wavelength filtering layer disposed between the patterned LCPH layer and a semiconductor layer of the imaging pixels (Fig. 8A, Par. [0095] image information for each color may be acquired by detecting light which has passed through the color filter 30 (i.e. wavelength filtering layer) by using the photoelectric conversion cell array 50 (i.e. semiconductor layer) in pixel units while electrically controlling the optical path modulation optical element 10 (i.e. pattern LCPH layer) to change an incident position of the image on the color filter 30 having an arrangement of a plurality of types of color filter elements 30R, 30G, and 30B). Regarding Claim 6, KIM in view of Oh teaches claim 1. KIM further teaches the patterned LCPH layer (Par. [0069] the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element). KIM does not specifically teach the pattern liquid crystal layer is a Pancharatnam-Berry Phase (LC-PBP) design. However, Oh teaches the patterned liquid crystal layer includes a Pancharatnam-Berry Phase (LC-PBP) design (Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency. Examples of LC metasurface can include liquid crystal metamaterials and/or liquid crystal based Pancharatnam-Berry phase optical elements (PBPE)). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying a Pancharatnam-Berry Phase (LC-PBP) design as suggested by Oh in the invention of KIM in order to diffract red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency (See Oh, Par. [0105]). Regarding Claim 7, KIM in view of Oh teaches claim 1. KIM further teaches the patterned LCPH layer (Par. [0069] the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element). KIM does not specifically teach the pattern liquid crystal layer is polarized volume hologram (PVH) design. However, Oh teaches the patterned liquid crystal layer includes a polarized volume hologram (PVH) design (Par. [0079] the light extracting optical elements 570, 580, 590, 600, 610 may be volumetric or surface features, which may be configured to output light at specific angles. For example, the light extracting optical elements 570, 580, 590, 600, 610 may be volume holograms, surface holograms, and/or diffraction gratings). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying a polarized volume hologram (PVH) design as suggested by Oh in the invention of KIM in order to redirect light out of their respective waveguides and to output this light with the appropriate amount of divergence or collimation for a particular depth plane associated with the waveguide (See Oh, Par. [0079]). Regarding Claim 8, KIM in view of Oh teaches claim 1. KIM further teaches the microlens regions of the LCPH layer (Par. [0069] the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element). Kim does not specifically teach the size of the regions of the liquid crystal pattern layers. Therefore, KIM fails to explicitly teach the regions of the liquid crystal layer have a longest dimension of less than four microns wide. However, Oh teaches the regions of the liquid crystal layer have a longest dimension of less than four microns wide (Par. [0117] a liquid crystal device in which the liquid crystal molecules are aligned to a wide variety of groove geometries that can vary in width or period and/or direction along length scales of the order of a few nanometers, a few hundred nanometers and/or a few microns). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying the size of the liquid crystal regions as suggested by Oh in the invention of KIM in order to form complex geometric patterns in which the direction and/or the period between consecutive features changes along length scales of the order of a few nanometers, a few hundred nanometers and/or a few microns (See Oh, Par. [0119]). Regarding Claim 9, KIM teaches an image sensor (Fig. 1, image sensor 150) comprising: imaging pixels including a first subpixel configured to sense image light and a second subpixel configured to sense the image light (Par. [0055] The photoelectric conversion cell array 50 is configured to acquire image information for each color by detecting, in pixel units, light which has passed through the color filter 30, and each photoelectric conversion cell 51 may be configured to one-to-one correspond to each color filter element 30R, 30G, or 30B in the color filter 30 (i.e. pattern). Par. [0056] the image sensor 150 may have a 2D array arrangement of color pixels of which a basic unit includes one R pixel, two G pixels, and one B pixel (i.e. subpixels)); and a layer (Fig. 8A, Par. [0081] an optical path modulation optical element array 100) including: a first microlens region configured to focus the image light to the first subpixel and the second subpixel; and a second microlens configured to focus the image light to the second subpixel and the first subpixel ((Par. [0083] a plurality of images traveling in a plurality of directions by the main lens 70 may be respectively incident to the plurality of microlenses 210 (i.e. first and second microlenses), shifted by, for example, one pixel, in a time division manner by the plurality of optical path modulation optical elements 10 corresponding to the plurality of microlenses 210 and incident to corresponding regions of the color filter 30. Color images which have passed through color filter elements 30R, 30G, and 30B (i.e. subpixels) in the corresponding regions of the color filter 30 (i.e. pattern) may be acquired as image information for each direction and for each color by the corresponding photoelectric conversion cells 51). KIM does not specifically teach metasurface lens layer, nanostructures of the metasurface lens or focusing the image light on one subpixels and not another subpixel. Therefore, KIM fails to explicitly teach a first region included in the patterned layer configured to focus the image light to the first subpixel and not the second subpixel; and a second region included in the patterned layer configured to focus the image light to the second subpixel and not the first subpixel. However, Oh teaches metasurface lens layer, nanostructures of the metasurface lens (Par. [0057] various implementations described herein can be used to fabricate space-variant nano-scale patterns of liquid crystal materials that can be used to manipulate phase, amplitude and/or polarization of incident light. Some embodiments of a liquid crystal material with space-variant nano-scale pattern can include a liquid crystal metasurface. Other embodiments of a liquid crystal material with space-variant nano-scale pattern can include a liquid crystal comprising a plurality of adjacent domains, wherein the liquid crystal molecules in each domain can be arranged to form a nano-scale pattern) and a first region nanostructures of the metasurface lens configured to focus the image light to the first subpixel and not the second subpixel; and a second region nanostructures of the metasurface lens configured to focus the image light to the second subpixel and not the first subpixel (Par. [0056] LC materials can be configured as phase gratings. LC grating structures (i.e. pattern liquid crystal layer) can be used to selectively diffract light (i.e. focus image light) along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency. Examples of LC metasurface can include liquid crystal metamaterials and/or liquid crystal based Pancharatnam-Berry phase optical elements (PBPE). Par. [0123] the substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying metasurface layers focusing light on different regions as suggested by Oh in the invention of KIM in order to have the ability to diffract incoming light in a wide range of wavelength incident in a wide range of incident angles with high efficiency (See Oh, Par. [0105]). Regarding Claim 10, KIM in view of Oh teaches claim 9. Oh further teaches wherein the nanostructures in the metasurface lens layer are configured to: pass a first polarization orientation to the imaging pixels and reject a second polarization orientation from becoming incident on the imaging pixels, the first polarization orientation different from the second polarization orientation (Par. [0056] LC materials can be configured as phase gratings. LC grating structures can be used to selectively diffract light along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction (i.e. pass and reject) with approximately same diffraction efficiency. Par. [0123] the substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths) . Regarding Claim 11, KIM in view of Oh teaches claim 10. Oh further teaches wherein the nanostructures in the metasurface lens layer are configured to: pass a first wavelength band of the image light to the first subpixel and not the second subpixel; and pass a second wavelength band of the image light to the second subpixel and not the first subpixel (Par. [0056] LC materials can be configured as phase gratings. LC grating structures can be used to selectively diffract light along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction (i.e. pass and not pass) with approximately same diffraction efficiency. Par. [0123] the substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths). Regarding Claim 13, KIM in view of Oh teaches claim 9. Oh further teaches wherein the metasurface lens layer is polarization- dependent (Par. [0023] the layer of liquid crystal material is configured as a polarization grating). Regarding Claim 15, KIM in view of Oh teaches claim 9. KIM further teaches wherein the microlens regions have a one-to-one correspondence with subpixels of the imaging pixels (Par. [0082] the plurality of optical path modulation optical elements 10 may be arranged so as to one-to-one correspond to the plurality of microlenses 210 of the microlens array 200). Regarding Claim 16, KIM in view of Oh teaches claim 9. Oh further teaches wherein the nanostructures have a width or length between 10 nm and 500 nm (Par. [0026] The first or the second plurality of features can comprise nano-features, such as, for example, grooves. A length or a width of the first plurality of features and the second plurality of features can be less than or equal to about 200 nm (i.e. between 10nm and 500nm). Regarding Claim 17, KIM in view of Oh teaches claim 9. KIM further teaches wherein the microlens regions are rectangular (Par. [0096] the image acquisition apparatus may include any one of a color filter 130 of an RGBW pattern and a color filter 230 of an RGB pattern shown in FIGS. 13 and 14 (i.e. rectangular region) as the color filter 30). Regarding Claim 18, KIM teaches a camera (Fig. 1, image acquisition apparatus (i.e. camera), Par. [0083] Color images which have passed through color filter elements 30R, 30G, and 30B in the corresponding regions of the color filter 30 may be acquired as image information for each direction and for each color by the corresponding photoelectric conversion cells 51) comprising: an image sensor (Fig. 1, image sensor 150) including a plurality of imaging pixels configured to sense image light (Par. [0055] The photoelectric conversion cell array 50 (i.e. plurality of pixels) is configured to acquire image information for each color by detecting, in pixel units, light which has passed through the color filter 30, and each photoelectric conversion cell 51 may be configured to one-to-one correspond to each color filter element 30R, 30G, or 30B in the color filter 30. Par. [0056] the image sensor 150 may have a 2D array arrangement of color pixels of which a basic unit includes one R pixel, two G pixels, and one B pixel); and a lens assembly having configured to focus the image light to the imaging pixels of the image sensor (Fig. 8A (i.e. lens assembly), Par. [0083] a plurality of images traveling in a plurality of directions by the main lens 70 may be respectively incident to the plurality of microlenses 210, shifted by, for example, one pixel, in a time division manner by the plurality of optical path modulation optical elements 10 corresponding to the plurality of microlenses 210 and incident to corresponding regions of the color filter 30. Color images which have passed through color filter elements 30R, 30G, and 30B (i.e. subpixels) in the corresponding regions of the color filter 30 (i.e. pattern) may be acquired as image information for each direction and for each color by the corresponding photoelectric conversion cells 51), wherein the lens of the lens assembly replaces a conventional refractive lens formed of glass or plastic that would focus the image light, and wherein the lens assembly is without a refractive lens formed of glass or plastic (Par. [0069] The image acquisition apparatuses according to the present exemplary embodiments differ from the image acquisition apparatuses according to the above-described exemplary embodiments (i.e. conventional refractive lens) in that an active liquid crystal element (i.e. not formed with glass or plastic) configured to shift or return an image by turning on or off a voltage to be applied to a liquid crystal layer is used instead of using an electrowetting prism (i.e. conventional refractive lens formed with glass or plastic) as the optical path modulation optical element 10. For the active liquid crystal element applicable to the optical path modulation optical element 10, a hologram-type liquid crystal element). KIM does not specifically teach Pancharatnam-Berry Phase lens. Therefore, KIM fails to explicitly teach the a liquid crystal Pancharatnam-Berry Phase (LC-PBP) lens. However, Oh teaches a liquid crystal Pancharatnam-Berry Phase (LC-PBP) lens ( Par. [0056] LC materials can be configured as phase gratings. LC grating structures (i.e. liquid crystal layer) can be used to selectively diffract light along different directions based on wavelength and/or polarization. Par.[0105] a LC metasurface may be capable of diffracting red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency. Examples of LC metasurface can include liquid crystal metamaterials and/or liquid crystal based Pancharatnam-Berry phase optical elements (PBPE)). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying a Pancharatnam-Berry Phase (LC-PBP) design as suggested by Oh in the invention of KIM in order to diffract red, green and blue wavelengths of incoming light along a desired direction with approximately same diffraction efficiency (See Oh, Par. [0105]). Regarding Claim 19, KIM in view of Oh teaches claim 18. Oh further teaches further comprising: a circular polarizer layer, wherein LC-PBP lens is disposed between the circular polarizer layer and the imaging pixels (Fig. 16A and 16B, Par. [0143]-[0150] a top view of a diffractive lens 1600 comprising a liquid crystal material, lens 1600 circularly polarized light (i.e. circular polarizer layer) transmitted through one of the two crossed polarizers is incident on lens 1600). Regarding Claim 20, KIM in view of Oh teaches claim 18. Kim does not specifically teach infrared or visible light. Therefore, Kim fails to explicitly each wherein the plurality of imaging pixels includes an infrared light pixel and visible light pixels However, Oh teaches wherein the plurality of imaging pixels includes an infrared light pixel and visible light pixels (Par. [0082] a camera assembly 630 (e.g., a digital camera, including visible light and infrared light cameras. Par. [0123] he substrate 1201 can be transmissive to light of at least one of visible wavelengths or infrared wavelengths). References KIM and Oh are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying infrared and visible light as suggested by Oh in the invention of KIM in order to reflect, refract, diffract or otherwise redirect light incident on or with respect to the major surfaces of the substrate (See Oh, Par. [0123]) . 07-21-aia AIA Claim s 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2017/0109865 A1 ), in view of Oh et al. (US 2018/0143470 A1) , and in further view of Oh et al. (US 2018/0143470 A1) referred to as Oh hereinafter . Regarding Claim 12, KIM in view of Oh teaches claim 9. KIM in view of Oh does not specifically teach non-symmetric structures. Therefore, KIM in view of Oh fails to explicitly teach the nanostructures include non-symmetric nanostructures. However, Lin teaches the nanostructures include non-symmetric nanostructures (Par. [0141] FIG. 12A, a cross-sectional perspective view of an example optical element 1600 comprising a metasurface 1618 and an antireflection coating 1430 is illustrated. The metasurface 1618 comprises an asymmetric (i.e. non-symmetric) diffraction grating formed by nano structures 1620 having different widths). References KIM, Oh and Lin are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying non-symmetric nanostructures as suggested by Lin in the inventions of KIM and Oh in order to steer the light (See Lin, Par. [0136]). Regarding Claim 14, KIM in view of Oh teaches claim 9. While Oh teaches in Par. [0055] the liquid crystals are an anisotropic material that can have different optical properties for different wavelengths or polarizations of light depending on the direction of propagation of light through the LC and the polarization of light with respect to the direction along which the LC molecules are generally oriented, KIM in view of Oh fails to explicitly teach wherein nanostructures of the metasurface lens layer are formed of at least one of silicon, silicon-nitride, or titanium-oxide However, Lin teaches wherein nanostructures of the metasurface lens layer are formed of at least one of silicon, silicon-nitride, or titanium-oxide (Par. [0141] The plurality of nanostructures 1620 comprises amorphous silicon). References KIM, Oh and Lin are considered to be analogous art because they relate to liquid crystal pattern layer devices. Therefore, it would have been obvious that one of ordinary skill in the art, before the effective filing date of the claimed invention, would recognize the advantage of further specifying silicon nanostructures of the metasurface lens layer as suggested by Lin in the inventions of KIM and Oh in order for the layer to remain relatively intact through the etching (See Lin, Par. [0147]). Conclusion The prior art references made of record are not relied upon but are considered pertinent to applicant's disclosure. Walsh (US 9,829,717 B1) teaches a Pancharatnam-Berry optical element/diffractive waveplate angular momentum sorter. Tu et al. (US 12,314,007 B2) teaches a system and a method for fabricating liquid crystal polarization holograms. Lu et al. (US 12,066,648 B2) teaches an apochromatic liquid crystal polarization hologram device. Any inquiry concerning this communication should be directed to SUSAN E HODGES whose telephone number is (571)270-0498. The Examiner can normally be reached on Monday - Friday from 8:00 am (EST) to 4:00 pm (EST). If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Brian T. Pendleton, can be reached on (571) . 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://portal.uspto.gov/external/portal. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /Susan E. 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