Prosecution Insights
Last updated: October 23, 2026
Application No. 19/068,084

OPTICAL ELEMENT AND METHOD FOR ELECTRODE DESIGNING OF OPTICAL ELEMENT

Non-Final OA §102
Filed
Mar 03, 2025
Priority
Mar 27, 2024 — FI 20245352
Examiner
CHOI, WILLIAM C
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Pixieray OY
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
1062 granted / 1146 resolved
+24.7% vs TC avg
Minimal +4% lift
Without
With
+4.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
1162
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
54.2%
+14.2% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1146 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 information disclosure statements (IDS’s) submitted on 3/3/2025, 10/3/2025, and 4/12/2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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, 5-9, and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Heugten (US 11,226,533 B2). In regard to claims 1 and 8, Van Heugten discloses an optical element, and corresponding method (column 9, line 23 – column 10, line 26, Figures 2A,B), comprising: - a pair of optically transparent substrates, wherein the pair of optically transparent substrates includes a first substrate and a second substrate (column 9, lines 23-30, Figure 2A, “220, 210”); - an active material encased between the first substrate and the second substrate (column 9, lines 30-32, Figure 2A, “240,” re: liquid crystal material); and - a set of electrode patterns deposited on a first side of the active material (column 9, lines 36-58, Figures 2A,B, “224,” re: ring electrodes), wherein -each electrode pattern of the set of electrode patterns (Figures 2A,B, “224a,b,c”) is deposited on the first substrate (Figures 2A,B, “220”), -each electrode pattern of the set of electrode patterns is having a pair of end-terminals (column 9, lines 59-62, Figure 2B, “252a-d”), -each electrode pattern of the set of electrode patterns constitutes a set of segments (Figures 2A,B, “224a-c,” re: ring electrodes), -each segment of the set of segments is associated with a resistance of a set of resistances (column 6, lines 38-45, re: liquid crystal driven by different voltages… adjustments can be made by resistors), - the set of resistances enable application of a voltage distribution along a radius or an optical axis of the active material on feeding of a set of drive voltages to the pair of end- terminals of each electrode pattern of the set of electrode patterns (column 9, line 59 – column 10, line 26, Figure 2B, “250a,b” & “252a-d”), and - the application of the voltage distribution effectuates a variation of a refractive index of the active material (column 1, lines 25-39). Regarding claims 5 and 12, Van Heugten discloses wherein the set of drive voltages include a first drive voltage and a second drive voltage, wherein the first drive voltage is fed to a first end-terminal of the pair of end-terminals and the second drive voltage is fed to a second end-terminal of the pair of end-terminals (column 10, lines 4-24, Figures 2A,B, “250a,b,” re: voltage supplies; “252a-d,” re: buss lines; “224a-c,” re: ring electrodes). Regarding claims 6 and 14, Van Heugten discloses wherein the first end-terminal is coupled to a first segment of the set of segments and the second end-terminal is coupled to a second segment of the set of segments, wherein each of the first segment and the second segment is connected to one segment of the set of segments, and wherein each segment of the set of segments, apart from the first segment and the second segment, is connected to two segments of the set of segments (column 10, lines 4-24, Figures 2A,B, “250a,b,” re: voltage supplies; “252a-d,” re: buss lines; “224a-c,” re: ring electrodes). Regarding claim 13, Van Heugten discloses wherein the set of electrode patterns includes a single electrode pattern, wherein the first drive voltage is fed to a first end-terminal of the pair of end-terminals and the second drive voltage is fed to a second end-terminal of the pair of end-terminals (column 6, lines 38-45 and column 10, lines 4-24, Figures 2A,B, “250a,b,” re: voltage supplies; “252a-d,” re: buss lines; “224a-c,” re: ring electrodes). Regarding claims 7 and 15, Van Heugten discloses wherein the optical element includes a substrate, wherein the substrate is one of a planoconvex lens, a planoconcave lens, or a Fresnel lens, and wherein each electrode pattern of the set of electrode patterns follows a continuous spiral pattern if the first substrate is the Fresnel lens, wherein each electrode pattern of the set of electrode patterns is associated with a Fresnel zone of the set of Fresnel zones (column 10, line 62 - column 11, line 12). Regarding claim 9, Van Heugten discloses wherein the variation of the refractive index corresponds to a refractive index profile indicative of a first variation of a refractive index difference along the radius or the optical axis of the active material, and wherein the voltage distribution is determined based on the refractive index profile and a second variation of the refractive index of the active material with respect to a voltage applied to the active material (column 16, lines 1-10 & column 18, lines 42-49). 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-6 and 8-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Feng et al (US 2023/0288775 A1). In regard to claims 1 and 8, Feng et al discloses an optical element, and corresponding method (page 2, sections [0051]-[0052], Figure 1), comprising: - a pair of optically transparent substrates, wherein the pair of optically transparent substrates includes a first substrate and a second substrate (Figure 1, “10, 50”); - an active material encased between the first substrate and the second substrate (page 2, Figure 1, “30,” re: liquid crystal layer); and - a set of electrode patterns deposited on a first side of the active material, wherein -each electrode pattern of the set of electrode patterns is deposited on the first substrate (pages 2-3, section [0053], Figure 2, “430”), -each electrode pattern of the set of electrode patterns is having a pair of end-terminals (page 2, section [0053] – page 3, section [0054], re: at least one conductive line connected via an electrode lead to a power supply providing a first drive voltage, while the other end connected via another electrode lead to a power supply providing a second drive voltage), -each electrode pattern of the set of electrode patterns constitutes a set of segments (page 4, section [0063], Figures 2 & 3, re: adjacent concentric rings connected by intermediate connecting segments), -each segment of the set of segments is associated with a resistance of a set of resistances (page 3, section [0055], re: conductive line has a characteristic that radially extends from center & page 3, section [0056], re: voltage changing gradually along length of conductive line), - the set of resistances enable application of a voltage distribution along a radius or an optical axis of the active material on feeding of a set of drive voltages to the pair of end- terminals of each electrode pattern of the set of electrode patterns (page 3, section [0055], re: different ends of conductive line receive respective first and second drive voltages & pages 4-5, section [0064], re: potential varies in a gradient manner radially away from center and can include a parabolic potential distribution), and - the application of the voltage distribution effectuates a variation of a refractive index of the active material (page 3, section [0056], Figure 4, re: non-uniform electric field results in different refractive index gradient distributions, leading to a corresponding phase distribution). Regarding claim 2, Feng et al discloses wherein the voltage profile is determined further based on a second variation of the refractive index of the active material with respect to a voltage applied to the active material, and wherein the second variation is determined based on at least one of a set of characteristics of the active material and a set of parameters of the active material (page 3, section [0056]). Regarding claims 3 and 10, Feng et al discloses wherein the set of resistances correspond to a set of resistance values (page 3, sections [0055]-[0056] & page 4, section [0063], Figures 2-4). Regarding claims 4 and 11, Feng et al discloses wherein each segment of the set of segments of each electrode pattern of the set of electrode patterns is associated with a resistance of the set of resistances, and wherein a resistance value of each resistance of the set of resistances is controlled based on at least one of varying thickness, width, or length of the corresponding segment or patterning the corresponding segment with holes (page 3, sections [0055]-[0056], re: concentric ring portions constitute multiple segment portions, each associated with a corresponding resistance). Regarding claims 5 and 12, Feng et al discloses wherein the set of drive voltages include a first drive voltage and a second drive voltage, wherein the first drive voltage is fed to a first end-terminal of the pair of end-terminals and the second drive voltage is fed to a second end-terminal of the pair of end-terminals (page 4, section [0060]). Regarding claims 6 and 14, Feng et al discloses wherein the first end-terminal is coupled to a first segment of the set of segments and the second end-terminal is coupled to a second segment of the set of segments, wherein each of the first segment and the second segment is connected to one segment of the set of segments, and wherein each segment of the set of segments, apart from the first segment and the second segment, is connected to two segments of the set of segments (page 6, section [0082], Figures 9 & 10, re: “4311” electrically connected to “412” and “4312” electrically connected to “411”). Regarding claim 9, Feng et al discloses wherein the variation of the refractive index corresponds to a refractive index profile indicative of a first variation of a refractive index difference along the radius or the optical axis of the active material, and wherein the voltage distribution is determined based on the refractive index profile and a second variation of the refractive index of the active material with respect to a voltage applied to the active material (page 3, section [0056] & pages 4-5, section [0064], Figure 4). Regarding claim 13, Feng et al discloses wherein the set of electrode patterns includes a single electrode pattern, wherein the first drive voltage is fed to a first end-terminal of the pair of end-terminals and the second drive voltage is fed to a second end-terminal of the pair of end-terminals (pages 2, section [0053] – page 3, section [0055], re: first and second drive voltages at opposite ends and page 6, section [0082], Figure 10, “411, 412”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kimura et al (US 2025/0147365 A1) discloses a method for designing an electrode pattern for obtaining an optical element comprising determining a refractive index profile for an active material. However, the priority date of said reference disqualifies its use as prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 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, Pinping Sun can be reached at (571) 270-1284. 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. /WILLIAM CHOI/Primary Examiner, Art Unit 2872 September 23, 2026
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Prosecution Timeline

Mar 03, 2025
Application Filed
Sep 28, 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
93%
Grant Probability
97%
With Interview (+4.1%)
2y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1146 resolved cases by this examiner. Grant probability derived from career allowance rate.

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