Prosecution Insights
Last updated: October 25, 2026
Application No. 19/122,916

SYSTEM AND METHOD FOR ALIGNING DIFFRACTIVE FEATURES

Non-Final OA §102§103
Filed
Apr 21, 2025
Priority
Jan 05, 2023 — provisional 63/478,595 +1 more
Examiner
NGUYEN, THUKHANH T
Art Unit
1743
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vuzix Corporation
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
636 granted / 851 resolved
+9.7% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
871
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 851 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 . 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 1-8, 10-19, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Singh et al. (2018/0157170). Regarding claims 1-2, 8, 19, and 22, Singh et al. discloses an imprint lithography method of configuring an optical layer includes imprinting first features of a first order of magnitude in size on a side of a substrate with a patterning template, while imprinting second features of a second order of magnitude in size on the side of the substrate with the patterning template – See abstract. The method comprises the steps of: forming a first diffractive optic 204, 652 and a first fiducial 212 on a first surface 218 of a substrate 202 using a first mold 648; aligning the substrate 654 with a second mold 648, [0064]; and forming a second diffractive optic 710, 860 in a second surface of the substrate 202, opposite the first surface with the first diffractive optic 204, [0067]. Regarding claims 2-3, wherein the first diffractive optic is formed by first diffractive features arranged on the first mold and the first fiducial is formed by second diffractive features arranged on the first mold, [0067], [0072]. Regarding claim 4, wherein the first diffractive optic and the first fiducial are formed in the first surface simultaneously, [0072]. Regarding claims 5, 17, and 22, wherein the first fiducial 212 is arranged outside of a perimeter of the image light guide 200. Regarding claim 6, 18, wherein the method further comprises the step of removing a portion of the substrate 654, [0064]. Regarding claim 7, wherein the method further comprises the step of aligning the first fiducial with a second fiducial arranged on the second mold – Fig. 9. Regarding claim 10, wherein the step of aligning the substrate with a second mold comprises engaging the substrate 202 with at least one alignment protrusion or spacers 212. Regarding claims 11, 13-14, wherein the method further comprises the steps of forming a first and second features on the first surface of the substate and a third feature on the second surface of the substrate [0068]-[0069]. Regarding claims 12, 15-16, wherein the method further comprises the step of depositing a second material on a second surface of the substrate, opposite the first surface of the substrate; and forming a second diffractive optic within the second material by compressing the second mold and the second surface of the substrate [0054], Figs. 5-6. 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 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Singh et al. (2018/0157170) as applied to claims 1-8, 10-19 and 22 above, and further in view of Shibayama et al. (2019/0285996). Singh et al. discloses an imprint lithography method of configuring an optical layer as described above but fails to disclose the step of curing the substrate ultraviolet light. Shibayama et al. discloses an apparatus and method for imprinting a substrate comprising the steps of bringing a mold 7 and an imprint material on a substrate 8 into contact with each other, the irradiation unit 2 irradiates the mold 7 and the imprint material with ultraviolet light to cure the imprint material. The irradiation unit 2 can include a light source that emits ultraviolet light and a plurality of optical elements for irradiating the mold 7 and the imprint material with the ultraviolet light, which is emitted from the light source, in a predetermined shape and in a uniform manner [0031]. It would have been obvious to one of ordinary skill in the art to cure imprinting material in Singh by using ultraviolet light as taught by Shibayama et al. in order to appropriately select the light source in accordance with the characteristic of the imprint material that serves as a light receiving object and to improve the curing of the material and the forming of the product. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached at 571-270-5516. 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. /Thu Khanh T. Nguyen/Primary Examiner, Art Unit 1743
Read full office action

Prosecution Timeline

Apr 21, 2025
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §102, §103 (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
75%
Grant Probability
85%
With Interview (+10.7%)
2y 8m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 851 resolved cases by this examiner. Grant probability derived from career allowance rate.

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