Prosecution Insights
Last updated: October 01, 2026
Application No. 19/086,515

PASSIVE DRIVE SCHEME FOR LOCALIZED DIMMING

Non-Final OA §102§103
Filed
Mar 21, 2025
Priority
Apr 05, 2024 — provisional 63/575,437
Examiner
MERLIN, JESSICA M
Art Unit
Tech Center
Assignee
Meta Platforms Technologies LLC
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 6m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
734 granted / 1189 resolved
+1.7% vs TC avg
Strong +24% interview lift
Without
With
+24.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
63 currently pending
Career history
1233
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
64.6%
+24.6% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1189 resolved cases

Office Action

§102 §103
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 . 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. Claim Rejections - 35 USC § 102 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. Claims 1-4, 6, 10, 12, 13, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nomura et al. (US 2014/0226117 A1). In regard to claim 1, Nomura et al. discloses an optical element comprising (see e.g. Figures 1-2): a primary electrode array comprising a plurality of primary electrodes 12 (denoted “second electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a first direction; a secondary electrode array comprising a plurality of secondary electrodes 11 (denoted “first electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a second direction, wherein at least one secondary electrode 11 overlaps a portion of at least one primary electrode 12 (see e.g. Figures 1-2); and a switchable active layer 3 (denoted “liquid crystal layer”, see e.g. paragraph [0030], Figures 1-2) disposed between the primary electrode array 12 and the secondary electrode array 11, wherein the switchable active layer 3 is configured to modulate light transmission through the optical element in response to an applied voltage (noted that this is an inherent property of liquid crystal layers and will have a switching effect due to director orientation with respect to light and adjacent polarizers). In regard to claim 2, Nomura et al. discloses the limitations as applied to claim 1 above, and wherein the primary electrodes 12 and the secondary electrodes 11 are substantially optically transparent (see e.g. paragraph [0033] for use of ITO). In regard to claim 3, Nomura et al. discloses the limitations as applied to claim 1 above, and wherein an angle between the first direction and the second direction is 30 degrees to 90 degrees (see e.g. Figure 2 where the directions are substantially perpendicular). In regard to claim 4, Nomura et al. discloses the limitations as applied to claim 1 above, and wherein the plurality of primary electrodes 12 form a plurality of rows, the plurality of secondary electrodes form a plurality of columns 11, and individual electrode rows and columns are electrically isolated from each other (see e.g. Figure 2 for spacing between rows and columns). In regard to claim 6, Nomura et al. discloses the limitations as applied to claim 1 above, and wherein the switchable active layer 3 comprises a material characterized by a threshold switching voltage (see e.g. paragraph [0030] for use of liquid crystal material and note that a threshold switching voltage is an inherent property of liquid crystals). In regard to claim 10, Nomura et al. discloses the limitations as applied to claim 1 above, and wherein the switchable active layer is disposed between optically transparent and electrically insulating substrates 1, 2 (see e.g. paragraph [0029] for transparent glass or plastic substrates). In regard to claim 12, Nomura et al. discloses an optical element comprising (see e.g. Figures 1-2): a primary electrode array comprising a plurality of primary electrodes 12 (denoted “second electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a first direction; a secondary electrode array comprising a plurality of secondary electrodes 11 (denoted “first electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a second direction, wherein at least one secondary electrode 11 overlaps a portion of at least one primary electrode 12 (see e.g. Figures 1-2), individual primary and second electrodes 12, 11 are electrically isolated from each other (see e.g. Figure 2 for spacing between rows and columns), and an angle between the first direction and the second direction is approximately 90 degrees (see e.g. Figure 2 where the directions are substantially perpendicular); and a switchable active layer 3 (denoted “liquid crystal layer”, see e.g. paragraph [0030], Figures 1-2) disposed between the primary electrode array 12 and the secondary electrode array 11, wherein the switchable active layer 3 is configured to modulate light transmission through the optical element in response to an applied voltage (noted that this is an inherent property of liquid crystal layers and will have a switching effect due to director orientation with respect to light and adjacent polarizers). In regard to claim 13, Nomura et al. discloses the limitations as applied to claim 12 above, and wherein the primary electrodes 12 and the secondary electrodes 11 are substantially optically transparent (see e.g. paragraph [0033] for use of ITO). In regard to claim 15, Nomura et al. discloses the limitations as applied to claim 12 above, and wherein the switchable active layer 3 comprises a material characterized by a threshold switching voltage (see e.g. paragraph [0030] for use of liquid crystal material and note that a threshold switching voltage is an inherent property of liquid crystals). In regard to claim 18, Nomura et al. discloses an optical element comprising (see e.g. Figures 1-2): a plurality of primary electrodes 12 (denoted “second electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a first direction; a plurality of secondary electrodes 11 (denoted “first electrodes”, see e.g. paragraph [0033] and Figures 1-2) extending in a second direction orthogonal to the first direction, wherein at least one secondary electrode 12 overlaps a portion of at least one primary electrode 11 (see e.g. Figures 1-2); and a switchable active layer 3 (denoted “liquid crystal layer”, see e.g. paragraph [0030], Figures 1-2) disposed between the primary electrode array 12 and the secondary electrode array 11, wherein the switchable active layer 3 is configured to modulate light transmission through the optical element in response to an applied voltage (noted that this is an inherent property of liquid crystal layers and will have a switching effect due to director orientation with respect to light and adjacent polarizers). In regard to claim 19, Nomura et al. discloses the limitations as applied to claim 18 above, and wherein the primary electrodes 12 and the secondary electrodes 11 are substantially optically transparent (see e.g. paragraph [0033] for use of ITO). In regard to claim 20, Nomura et al. discloses the limitations as applied to claim 18 above, and wherein the plurality of primary electrodes 12 form a plurality of rows, the plurality of secondary electrodes form a plurality of columns 11, and individual electrode rows and columns are electrically isolated from each other (see e.g. Figure 2 for spacing between rows and columns). Claim Rejections - 35 USC § 103 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 5, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nomura et al. (US 2014/0226117 A1) in view of Bell et al. (US 2018/0188536 A1). In regard to claim 5, Nomura et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC). However, Bell et al. discloses wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC) (see e.g. paragraph [0067] for guest host liquid crystal material). Given the teachings of Bell et al., it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC). Using a guest host type liquid crystal material would allow the device to operate without crossed polarizers, which prevents transmission lost through the extra layers. In regard to claim 11, Nomura et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the switchable active layer is configured to modulate light transmission through one or more of optical absorption, scattering, and reflection effects. However, Bell et al. discloses wherein the switchable active layer is configured to modulate light transmission through one or more of optical absorption, scattering, and reflection effects (see e.g. paragraph [0067] for absorptions). Given the teachings of Bell et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer is configured to modulate light transmission through one or more of optical absorption, scattering, and reflection effects. Using a guest host type liquid crystal material would allow the device to operate without crossed polarizers, which prevents transmission lost through the extra layers. In regard to claim 14, Nomura et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC). However, Bell et al. discloses wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC) (see e.g. paragraph [0067] for guest host liquid crystal material). Given the teachings of Bell et al., it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer comprises an assembly selected from the group consisting of a polymer-stabilized liquid crystal (PSLC), a liquid crystal physical gel (LCPG), a polymer-dispersed liquid crystal (PDLC), a polymer-stabilized cholesteric texture (PSCT), a polymer network liquid crystal (PNLC), a guest-host liquid crystal (GHLC), an electrochromic (EC) layer, a reversible metal electrodeposition (RME) structure, and a ferroelectric nematic liquid crystal (FNLC). Using a guest host type liquid crystal material would allow the device to operate without crossed polarizers, which prevents transmission lost through the extra layers. Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nomura et al. (US 2014/0226117 A1) in view of Atkinson et al. (US 2017/0301273 A1). In regard to claim 7, Nomura et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the switchable active layer comprises a material having a degree of optical bi-stability. However, Atkinson et al. disclose wherein the switchable active layer comprises a material having a degree of optical bi-stability (see e.g. paragraph [0053] for bistable display types). Given the teachings of Atkinson et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer comprises a material having a degree of optical bi-stability. Using a bistable material allows for a degree of stability without continuous application of voltage (see e.g. paragraph [0053] of Atkinson et al.). In regard to claim 16, Nomura et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the switchable active layer comprises a material having a degree of optical bi-stability. However, Atkinson et al. disclose wherein the switchable active layer comprises a material having a degree of optical bi-stability (see e.g. paragraph [0053] for bistable display types). Given the teachings of Atkinson et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer comprises a material having a degree of optical bi-stability. Using a bistable material allows for a degree of stability without continuous application of voltage (see e.g. paragraph [0053] of Atkinson et al.). Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nomura et al. (US 2014/0226117 A1) in view of Liu et al. (US 2019/0377218 A1). In regard to claim 8¸ Nomura et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state. However, Liu et al. discloses wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state (see e.g. paragraph [0180]). Given the teachings of Liu et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state. Selecting the device to be in a normally white/transmission mode allows the device to transmit light without applied voltage. In regard to claim 17¸ Nomura et al. discloses the limitations as applied to claim 12 above, but fails to disclose wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state. However, Liu et al. discloses wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state (see e.g. paragraph [0180]). Given the teachings of Liu et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer is configured to provide a high optical transmission clear state in an unbiased state and a low transmission dimming state in a biased state. Selecting the device to be in a normally white/transmission mode allows the device to transmit light without applied voltage. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nomura et al. (US 2014/0226117 A1) in view of Alton et al. (US 2015/0309312 A1). In regard to claim 9, Nomura et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the switchable active layer includes a switchable scattering material configured to introduce optical scattering to a real-world scene. However, Alton et al. discloses wherein the switchable active layer includes a switchable scattering material configured to introduce optical scattering to a real-world scene (see e.g. paragraph [0040] for dimming panel with scattering). Given the teachings of Alton et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nomura et al. with wherein the switchable active layer includes a switchable scattering material configured to introduce optical scattering to a real-world scene. Using a PDLC element with scattering would allow for the voltage to control the transmittance/scattering characteristic of the device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM. 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, Jennifer Carruth can be reached at (571) 272-9791. 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. /JESSICA M MERLIN/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Mar 21, 2025
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742995
METASURFACE DEVICES WITH MULTILAYER PASSIVATION COATINGS
2y 8m to grant Granted Sep 22, 2026
Patent 12736824
AN ANGLED ILLUMINATION SYSTEM FOR MICROFLUIDIC DEVICES
2y 8m to grant Granted Sep 15, 2026
Patent 12724269
Increased Optical Performance of Head-Mounted Displays inside Laser Safety Eyewear
3y 2m to grant Granted Sep 01, 2026
Patent 12724289
STEREO PROJECTION SCREEN AND STEREO PROJECTION SYSTEM
2y 10m to grant Granted Sep 01, 2026
Patent 12724290
STEREOSCOPIC DISPLAY DEVICE
2y 10m to grant Granted Sep 01, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
86%
With Interview (+24.0%)
3y 0m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1189 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month