Prosecution Insights
Last updated: October 02, 2026
Application No. 19/069,375

COLOR SEPARATION ELEMENT AND IMAGE SENSOR INCLUDING THE SAME

Non-Final OA §DOUBLEPATENT
Filed
Mar 04, 2025
Priority
Oct 24, 2019 — RE 10-2019-0133275 +3 more
Examiner
LE, TUAN H
Art Unit
Tech Center
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
310 granted / 416 resolved
+14.5% vs TC avg
Strong +26% interview lift
Without
With
+26.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
7 currently pending
Career history
419
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 416 resolved cases

Office Action

§DOUBLEPATENT
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 statement (IDS) submitted on 03/04/2025 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,279,462. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application have broader claim limitations and therefore are anticipated by the Patent. Current application 19/069,375 US Patent 12,279,462 Claim 1. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and wherein the color separation lens array in one periodic region is configured to form a non-radial phase distribution for each wavelength light of the incident light. Note: Current claim 1 is mapped to both claims 1 and 3 of the Patent. Claim 1. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 3. The color separation element of claim 1, wherein the color separation lens array in one periodic region is configured to form a non-radial phase distribution for each wavelength light of the incident light. Claim 2. The color separation element of claim 1, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 1. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 3. The color separation element of claim 1, wherein the color separation lens array in the one periodic region is configured to form an asymmetrical phase distribution for each wavelength light of the incident light. Claim 2. The color separation element of claim 1, wherein the color separation lens array in one periodic region is configured to form an asymmetrical phase distribution for each wavelength light of the incident light. Claim 4. The color separation element of claim 1, wherein the color separation lens array in the one periodic region is configured not to form a phase distribution for each wavelength light of the incident light at a boundary of the one periodic region. Note: the Patent discloses that first and second phase distributions do not overlap at a boundary between first and second periodic regions. This disclosure also means there is not a first or second phase distribution at the boundary. Thus, the claim 4 of current application is satisfied. Claim 1. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 5. The color separation element of claim 1, wherein the plurality of periodic regions comprises a first periodic region for focusing first wavelength light, a second periodic region for focusing second wavelength light, a third region for focusing third wavelength light, and a fourth region for focusing first wavelength light, the first region and the fourth region are located on a diagonal line, and the second region and a third region are located on a diagonal line. Claim 4. The color separation element of claim 1, wherein the plurality of periodic regions comprises a first region for focusing first wavelength light, a second region for focusing second wavelength light, a third region for focusing third wavelength light, and a fourth region for focusing first wavelength light, the first region and the fourth region are located on a diagonal line, and the second region and a third region are located on a diagonal line. Claim 6. The color separation element of claim 5, wherein the first wavelength light comprises green light, the second wavelength light comprises blue light, and the third wavelength light comprises red light. Claim 5. The color separation element of claim 4, wherein the first wavelength light comprises green light, the second wavelength light comprises blue light, and the third wavelength light comprises red light. Claim 7. The color separation element of claim 4, wherein the first wavelength light has a phase of 2 Nπ at a center of the first region and the phase of the first wavelength light decrease in directions toward the outside of the first periodic region, where N is an integer greater than 0. Claim 6. The color separation element of claim 4, wherein the first wavelength light has a phase of 2 Nπ at a center of the first region and the phase of the first wavelength light decrease in directions toward the outside of the first periodic region, where N is an integer greater than 0. Claim 8. The color separation element of claim 6, wherein a phase of (2N−1)π is exhibited at a center of the second region, and a phase of (2N−1)π is exhibited at a center of the third region, where N is an integer greater than 0. Claim 7. The color separation element of claim 6, wherein a phase of (2N−1)π is exhibited at a center of the second region, and a phase of (2N−1)π is exhibited at a center of the third region, where N is an integer greater than 0. Claim 9. The color separation element of claim 1, wherein the color separation lens array is configured to form a continuous phase distribution within each of the plurality of periodic regions. Claim 8. The color separation element of claim 1, wherein the color separation lens array is configured to form a continuous phase distribution within each of the plurality of periodic regions. Claim 10. An image sensor comprising: an optical sensor comprising a plurality of light detecting cells for sensing light; a spacer layer provided in the optical sensor; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and wherein the color separation lens array in one periodic region is configured to form a non-radial phase distribution for each wavelength light of the incident light. Note: Current claim 10 is mapped to claims 9 and 11 of the Patent Claim 9. An image sensor comprising: an optical sensor comprising a plurality of light detecting cells for sensing light; a spacer layer provided in the optical sensor; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 11. The image sensor of claim 9, wherein the color separation lens array in one periodic region is configured to form a non-radial phase distribution for each wavelength light of the incident light. Claim 11. The image sensor of claim 10, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 9. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region. Claim 12. The image sensor of claim 10, wherein the color separation lens array in the one periodic region is configured to form an asymmetrical phase distribution for each wavelength light of the incident light. Claim 10. The image sensor of claim 9, wherein the color separation lens array in one periodic region is configured to form an asymmetrical phase distribution for each wavelength light of the incident light. Claim 13. The image sensor of claim 10, wherein the color separation lens array in the one periodic region is configured not to form a phase distribution for each wavelength light of the incident light at a boundary of the one periodic region. Note: the Patent discloses that first and second phase distributions do not overlap at a boundary between first and second periodic regions. This disclosure also means there is not a first or second phase distribution at the boundary. Thus, the claim 4 of current application is satisfied. Claim 1. A color separation element comprising: a spacer layer; and a color separation lens array, which comprises one or more nano-posts arranged on the spacer layer, the color separation lens array configured to form a phase distribution that splits and focuses light incident to the color separation lens array based on wavelengths of the light, wherein the color separation lens array comprises a plurality of periodic regions in which the one or more nano-posts are repeatedly arranged, and, wherein the plurality of periodic regions comprises a first periodic region and a second periodic region adjacent to each other, and a first phase distribution formed by a first set of the one or more nano-posts of the color separation lens array in the first periodic region and a second phase distribution formed by a second set of the one or more nano-posts of the color separation lens array in the second periodic region do not overlap at a boundary between the first periodic region and the second periodic region Claim 14. The image sensor of claim 10, wherein the plurality of periodic regions comprises a first periodic region for focusing first wavelength light, a second periodic region for focusing second wavelength light, a third region for focusing third wavelength light, and a fourth region for focusing first wavelength light, the first region and the fourth region are located on a diagonal line, and the second region and a third region are located on a diagonal line. Claim 12. The image sensor of claim 9, wherein the plurality of periodic regions comprises a first region for focusing first wavelength light, a second region for focusing second wavelength light, a third region for focusing third wavelength light, and a fourth region for focusing first wavelength light, the first region and the fourth region are located on a diagonal line, and the second region and a third region are located on a diagonal line. Claim 15. The image sensor of claim 14, wherein the first wavelength light comprises green light, the second wavelength light comprises blue light, and the third wavelength light comprises red light. Claim 13. The image sensor of claim 12, wherein the first wavelength light comprises green light, the second wavelength light comprises blue light, and the third wavelength light comprises red light. Claim 16. The image sensor of claim 14, wherein the first wavelength light has a phase of 2 nπ at a center of the first region and the phase of the first wavelength light decrease in directions toward the outside of the first periodic region, where N is an integer greater than 0. Claim 14. The image sensor of claim 12, wherein the first wavelength light has a phase of 2 nπ at a center of the first region and the phase of the first wavelength light decrease in directions toward the outside of the first periodic region, where N is an integer greater than 0. Claim 17. The image sensor of claim 16, wherein a phase of (2N−1)π is exhibited at a center of the second region, and a phase of (2N−1)π is exhibited at a center of the third region, where N is an integer greater than 0. Claim 15. The image sensor of claim 14, wherein a phase of (2N−1)π is exhibited at a center of the second region, and a phase of (2N−1)π is exhibited at a center of the third region, where N is an integer greater than 0. Claim 18. The image sensor of claim 10, wherein the color separation lens array is configured to form a continuous phase distribution within each of the plurality of periodic regions. Claim 16. The image sensor of claim 9, wherein the color separation lens array is configured to form a continuous phase distribution within each of the plurality of periodic regions. Claim 19. The image sensor of claim 10, further comprising a color filter between the optical sensor and the spacer layer. Claim 17. The image sensor of claim 9, further comprising a color filter between the optical sensor and the spacer layer. Claim 20. The image sensor of claim 10, further comprising a photographing lens unit configured to focus light reflected by an object on a light incidence side of the color separation lens array and form an optical image. Claim 18. he image sensor of claim 9, further comprising a photographing lens unit configured to focus light reflected by an object on a light incidence side of the color separation lens array and form an optical image. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN H LE whose telephone number is (571)270-1130. The examiner can normally be reached Mon-Fri 9:00 am- 5:30 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, Lin Ye can be reached on 5712727372. 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. /TUAN H LE/Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
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Prosecution Timeline

Mar 04, 2025
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+26.2%)
3y 1m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 416 resolved cases by this examiner. Grant probability derived from career allowance rate.

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