Prosecution Insights
Last updated: April 19, 2026
Application No. 17/977,497

OPTICAL MEMBER

Final Rejection §103
Filed
Oct 31, 2022
Examiner
LEE, MATTHEW Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nikon-Essilor Co. Ltd.
OA Round
4 (Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
194 granted / 237 resolved
+13.9% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
43 currently pending
Career history
280
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 resolved cases

Office Action

§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 . Response to Amendment The amendment filed March 11th, 2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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 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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Futamura (JP2003329803A, as evidenced by the machine translation) in view of Miyamoto (US 2015/0234209), further in view of Yoshida (US 2017/0097521). Regarding claim 1, Futamura discloses an optical member ([0001], “an optical article having anti-reflection, optical filter”), comprising: a plastic base ([0011], “an optical filter function on a synthetic resin substrate,”); a hard coat layer ([0011], “hard coat”) disposed on the plastic base ([0011], “a synthetic resin substrate that had been previously subjected to a hard coat treatment”); and an antireflection film disposed on the hard coat layer ([0011], “the above-mentioned film was formed by vacuum deposition on a synthetic resin substrate that had been previously subjected to a hard coat treatment”), wherein the antireflection film contains high refractive index layers and low refractive index layers that are alternately stacked ([0006], “consisting of alternating layers of high refractive index films and low refractive index films”), wherein a low refractive index layer of the low refractive index layers contains at least one selected from the group consisting of silicon oxide, calcium fluoride, and magnesium fluoride ([0012], “the second layer was deposited with SiO2”), wherein a layer disposed closest to the plastic base in the antireflection film is the high refractive index layer ([0012], “The first layer on the substrate was deposited with ZrO2”), and wherein, in the antireflection film, when the low refractive index layer disposed closest to the plastic base is a first low refractive index layer ([0012], “second layer was deposited with SiO2 (refractive index 1.43, compressive stress) to a physical thickness of 141 nm”), the low refractive index layer disposed next closest to the plastic base after the first low refractive index layer is a second low refractive index layer ([0012], “the fourth layer being 277 nm thick SiO2”), and the high refractive index layer disposed closest to the plastic base is a first high refractive index layer ([0012], “The first layer on the substrate was deposited with ZrO2 (refractive index 2.00, tensile stress) to a physical thickness of 56 nm”), relations of Expressions 1 to 3 are satisfied, Expression 2 L1/H1≤25.0 (calculated value = 2.52) Expression 3 (L1+L2)/H1≤50.0 (calculate value = 7.46) where L1 denotes a physical thickness of the first low refractive index layer ([0012], “141 nm”), L2 denotes a physical thickness of the second low refractive index layer ([0012], “277 nm”), and H1 denotes a physical thickness of the first high refractive index layer ([0012], “56 nm”). Futamura does not specifically disclose wherein the antireflection film has at least eight layers in total of the high refractive index layers and the low refractive index layers, and Expression 1 L1+L2≥450 nm. However Miyamoto, in the same field of endeavor because both teach an optical member, teaches wherein the antireflection film ([0060], “inorganic multilayer film 3 has a function as an antireflection film”) has at least eight layers in total of the high refractive index layers and the low refractive index layers (as shown in Table 2, comparative example 2, there are eight layers), and Expression 1 L1+L2≥450 nm (sum of second layer and fourth layer of first surface is 2051 nm, which is greater than 450nm). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical member of Futamura with the wherein the antireflection film has at least eight layers in total of the high refractive index layers and the low refractive index layers, and Expression 1 L1+L2≥450 nm as taught by Miyamoto, for the purpose of improving visibility and contrast ([0007]). Modified Futamura does not specifically disclose wherein a high refractive index layer of the high refractive index layers contains an oxide of at least one selected from the group consisting of titanium, aluminum, niobium, tantalum, and lanthanum. However Yoshida, in the same field of endeavor because both teach an optical member, teaches wherein a high refractive index layer of the high refractive index layers ([0046], “seven or more layers in which a high refractive index material”) contains an oxide of at least one selected from the group consisting of titanium, aluminum, niobium, tantalum, and lanthanum ([0046], “The high refractive index material is, for example, titanium oxide”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical member of Futamura in view of Miyamoto with the wherein a high refractive index layer of the high refractive index layers contains an oxide of at least one selected from the group consisting of titanium, aluminum, niobium, tantalum, and lanthanum as taught by Yoshida, for the purpose of improving visibility ([0018]). Regarding claim 2, modified Futamura teaches as is set forth in claim 1 rejection above and Futamura further discloses wherein Expression 4 is satisfied, Expression 4 L2≥L1 (277 nm is greater than 141 nm). Regarding claim 3, modified Futamura teaches as is set forth in claim 1 rejection above and Futamura further discloses wherein the high refractive index layer contains zirconium oxide ([0012], “The first layer on the substrate was deposited with ZrO2”). Regarding claim 4, modified Futamura teaches as is set forth in claim 1 rejection above and Futamura further discloses wherein the low refractive index layer contains silicon dioxide ([0012], “the second layer was deposited with SiO2”). Regarding claim 5, modified Futamura teaches as is set forth in claim 1 rejection above but does not specifically disclose comprising a water and oil repellent layer on a surface of the antireflection film on an opposite side from the plastic base. However, Miyamoto, in the same field of endeavor because both teach an optical member, teaches comprising a water and oil repellent layer (Fig. 1, element 12, [0070], “The water-and-oil repellent film 12”) on a surface of the antireflection film on an opposite side from the plastic base (as shown in Fig. 1, 12 is opposite from the base 2 of the antireflection film 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical member of Futamura in view of Miyamoto further in view of Yoshida with the comprising a water and oil repellent layer on a surface of the antireflection film on an opposite side from the plastic base as taught by Miyamoto, for the purpose of improving abrasion resistance of the optical component ([0070]). Regarding claim 6, modified Futamura teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the antireflection film further contains an SnO2 layer or an ITO layer. However, Miyamoto, in the same field of endeavor because both teach an optical member, teaches wherein the antireflection film further contains an SnO2 layer or an ITO layer ([0112], “a dielectric film of ITO or the like is disposed between the high refractive index layer 7 (7') and the low refractive index layer 8 (8')”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical member of Futamura in view of in view of Miyamoto further in view of Yoshida with the wherein the antireflection film further contains an SnO2 layer or an ITO layer as taught by Miyamoto, for the purpose of reducing fatigue and improving visibility ([0011]). Regarding claim 7, modified Futamura teaches as is set forth in claim 1 rejection above and Futamura further discloses wherein the optical member is used for a spectacle lens ([0002], “depositing thin films on synthetic resin substrates are widely used in various electronic devices, eyeglass lenses”). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 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. /MATTHEW Y LEE/Examiner, Art Unit 2872 20 March 2026
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Prosecution Timeline

Oct 31, 2022
Application Filed
Apr 03, 2025
Non-Final Rejection — §103
Jun 10, 2025
Response Filed
Sep 05, 2025
Final Rejection — §103
Nov 13, 2025
Response after Non-Final Action
Dec 01, 2025
Request for Continued Examination
Dec 08, 2025
Response after Non-Final Action
Dec 09, 2025
Non-Final Rejection — §103
Mar 11, 2026
Response Filed
Mar 20, 2026
Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+19.5%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 237 resolved cases by this examiner. Grant probability derived from career allow rate.

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