Prosecution Insights
Last updated: April 19, 2026
Application No. 17/998,407

POLARIZED LENS AND METHOD FOR PROVIDING A POLARIZED LENS

Non-Final OA §103
Filed
Nov 10, 2022
Examiner
SIPES, JOHN CURTIS
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LUXOTTICA S.R.L.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
51 granted / 64 resolved
+11.7% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
40 currently pending
Career history
104
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.0%
+22.0% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 64 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/11/2026 has been entered. Response to Amendment The amendments filed 01/29/2026 have been entered. Response to Arguments Applicant’s arguments with respect to the independent claims 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 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 and 4 are rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Saylor et al. (2015/0131047, of record) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165). Regarding claim 1, Kobuchi discloses a polarized lens for eyeglasses comprising: a polarizing wafer ([0113] discloses: polarizing, lens-like laminate; therefore considered a polarizing wafer) superimposed on a lens body ([0115] discloses: body) made of polyamide material ([0115] discloses: polyamide-based resin molded body) and at least one external layer of lacquering ([0116] discloses: hard-coated film) which coats externally said polarizing wafer and said lens body ([0116] discloses: hard-coat film was imparted to both sides of the lens), wherein said polarizing wafer comprises: an internal polarizing layer ([0112] discloses: polyvinyl alcohol polarizer) comprised between a first external layer of polyamide and a second external layer of polyamide ([0112] discloses: two transparent nylon protective sheets), a first layer of glue ([0112] discloses: polyurethane-based adhesive) interposed between the internal polarizing layer and the first external layer of polyamide, and a second layer of glue interposed between the internal polarizing layer and the second external layer of polyamide ([0112] discloses: polyvinyl alcohol polarizer, held between two transparent nylon protective sheets, and these were adhered with a polyurethane-based adhesive), Kobuchi fails to disclose wherein said at least one external layer of lacquering comprises at least one polysiloxane or acrylic lacquer and wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body, wherein the layer of adhesion promotor is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% and that comprises one or more of the following groups: -polyurethanes; -silanes; -aminic silanes. Kobuchi and Saylor are related because both disclose lenses for eyeglasses. Saylor teaches a lens wherein said at least one external layer of lacquering comprises at least one polysiloxane or acrylic lacquer ([0078] teaches: polysiloxane hard coat). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Saylor and provide wherein said at least one external layer of lacquering comprises at least one polysiloxane or acrylic lacquer. Doing so would allow for improved adhesion of anti-reflective coating and improving the overall durability and longevity of the top coating (Saylor: 0078). Kobuchi and Zheng are related because both disclose optical systems. Zheng teaches a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body ([0197] teaches: lens/epoxy coating/primer coating/hard coat; Examiner notes that the hard coat is the lacquering layer and the primer is the adhesion promotor layer, therefore the adhesion promotor layer is between lacquering layer and lens body). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Zheng and provide a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body. Doing so would allow for improved adhesion between lens substrate and hard coat layer, thereby improving the overall quality of the optical system. Jiang teaches a lens wherein the layer of adhesion promotor is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% (Table 9 teaches: % solids of 40%; Examiner notes that the disclosed 40% solids are functionally equivalent to the claimed range and would provide comparable coating properties) and that comprises one or more of the following groups: -polyurethanes ([0311] teaches: adhesive that is UV curable polyurethane dispersion water based); -silanes; -aminic silanes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Zheng and provide a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body, wherein the layer of adhesion promotor is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% and that comprises one or more of the following groups:-polyurethanes; -silanes;-aminic silanes. Doing so would allow for better coating durability, scratch resistance, and overall coating reliability, thereby improving overall coating stability and longevity. Regarding claim 4, the modified Kobuchi discloses the polarized lens according to claim 1, wherein said internal polarizing layer comprises a material selected from the group consisting of: -PVA ([0112] discloses: polyvinyl alcohol polarizer; Examiner notes that polyvinyl alcohol is considered PVA), -CTA, and -PET. Claims 2 and 3 are rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Saylor et al. (2015/0131047, of record) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165), as applied to claim 1 above, in view of Fujinaka (2017/0192256, of record). Regarding claim 2, the modified Kobuchi discloses the polarized lens according to claim 1. Kobuchi fails to disclose wherein said lens body is constituted by a polyamide resin. Kobuchi and Fujinaka are related because both disclose eyeglass lenses. Fujinaka teaches wherein said lens body is constituted by a polyamide resin ([0032] teaches: 1, lens body, comprises a polyamide resin). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Fujinaka and provide wherein said lens body is constituted by a polyamide resin. Doing so would allow for a lightweight design and thermal stability, thereby improving the overall functionality and quality of the optical system. Regarding claim 3, the modified Kobuchi discloses the polarized lens according to claim 2, wherein said polyamide resin comprises one or more materials selected from the group consisting of: -aliphatic (Fujinaka: [0032] teaches: polyamide resin having an aliphatic hydrocarbon ring), -cycloaliphatic, and -aromatic. Claim 5 is rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Saylor et al. (2015/0131047, of record) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165), as applied to claim 1 above, in view of Knapp et al. (5,846,649, of record). Regarding claim 5, the modified Kobuchi discloses the polarized lens according to claim 1. Kobuchi fails to disclose wherein said at least one external layer of lacquering comprises a polysiloxane and acrylic lacquer. Kobuchi and Knapp are related because both disclose eyeglasses. Knapp teaches wherein said at least one external layer of lacquering comprises a polysiloxane and acrylic lacquer (Col. 8, lines 60-65 teaches: plastic substrates with polymer layers consisting of polysiloxane, acrylic; Examiner notes that this is considered to include both elements in the layer). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Knapp and provide wherein said at least one external layer of lacquering comprises a polysiloxane and acrylic lacquer. Doing so would allow for improved durability of the plastic substrate (Knapp: Col. 8, lines 66-67), thereby improving the overall durability and quality of the optical system. Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Saylor et al. (2015/0131047, of record) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165), as applied to claim 1 above, in view of Yoshimura (US 2020/0039157). Regarding claim 6, the modified Kobuchi discloses the polarized lens according to claim 1. Kobuchi fails to disclose a lens wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material. Yoshimura teaches a lens wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material ([0039] teaches: polyamide sheet layers 2a and 2b can be constituted of unstretched polyamide sheet or a uniaxially or biaxially stretched polyamide sheet, or the like). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Yoshimura and provide a lens wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material. Doing so would allow for better structural integrity and stability, thereby improving overall durability of the optical system. Claims 8 and 10 are rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Jin (CN 101972756, Examiner has provided a machine translation) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165). Regarding claim 8, Kobuchi discloses a method for providing a polarized lens for eyeglasses, the method including the following steps of: a. providing a polarizing wafer ([0113] discloses: polarizing, lens-like laminate; therefore considered a polarizing wafer) which comprises an internal polarizing layer ([0112] discloses: polyvinyl alcohol polarizer, held between two protective sheets; therefore considered an internal polarizing layer) comprised between a first external layer of polyamide and a second external layer of polyamide ([0112] discloses: two transparent nylon protective sheets), a first layer of glue ([0112] discloses: polyurethane-based adhesive) interposed between the internal polarizing layer and the first external layer of polyamide, and a second layer of glue interposed between the internal polarizing layer and the second external layer of polyamide ([0112] discloses: polyvinyl alcohol polarizer, held between two transparent nylon protective sheets, and these were adhered with a polyurethane-based adhesive), b. positioning the polarizing wafer inside a mold ([0114] discloses: lens-like laminate set into a mold), c. inserting a resin in the mold so as to form a lens body superimposed on the polarizing wafer ([0115] discloses: nylon was insert injection-molded, to make laminate have a specific thickness); and d. executing a lacquering process by applying at least one external layer of lacquering which coats externally said polarizing wafer and said lens body ([0116] discloses: hard-coated film imparted by dipping method). Kobuchi fails to disclose a method wherein said step d. of executing a lacquering process further includes the following steps: d1. cleaning the lens obtained in step c. with one or more detergents, d2. washing the lens with water, d3. drying the lens, and d5. coating the lens with one or more layers of lacquering; wherein said step d. comprises, before said step d5. of coating the lens with one or more layers of lacquering, the following step: d4. applying a coating of adhesion promoter that facilitates the adhesion of the lacquering; wherein the layer of adhesion promoter is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% and that comprises one or more of the following groups:-polyurethanes;- silanes;- aminic silanes. Kobuchi and Jin are related because both disclose lens cleaning processes. Jin teaches a method wherein said step d. of executing a lacquering process further includes the following steps: d1. cleaning the lens obtained in step c. with one or more detergents ([0009] teaches: immersing lens in cleaning solution), d2. washing the lens with water ([0009] teaches: rising the lens with cool water), d3. drying the lens ([0009] teaches: drying and cooling the lens using an oven). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Jin and provide the above lens cleaning steps. Doing so would allow for a clean lens during manufacturing which affects the quality of the finished lens (Jin: 0005). Zheng teaches a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body ([0197] teaches: lens/epoxy coating/primer coating/hard coat; Examiner notes that the hard coat is the lacquering layer and the primer is the adhesion promotor layer, therefore the adhesion promotor layer is between lacquering layer and lens body). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Zheng and provide a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body. Doing so would allow for improved adhesion between lens substrate and hard coat layer, thereby improving the overall quality of the optical system. Jiang teaches a lens wherein the layer of adhesion promotor is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% (Table 9 teaches: % solids of 40%; Examiner notes that the disclosed 40% solids are functionally equivalent to the claimed range and would provide comparable coating properties) and that comprises one or more of the following groups: -polyurethanes ([0311] teaches: adhesive that is UV curable polyurethane dispersion water based); -silanes; -aminic silanes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Zheng and provide a lens wherein the polarized lens further comprises a coating of adhesion promoter between said at least one external layer of lacquering and said polarizing wafer and/or between said at least one external layer of lacquering and said lens body, wherein the layer of adhesion promotor is a water-based or solvent-based layer that has a solid component comprised between 1% and 40% and that comprises one or more of the following groups:-polyurethanes; -silanes;-aminic silanes. Doing so would allow for better coating durability, scratch resistance, and overall coating reliability, thereby improving overall coating stability and longevity. Regarding claim 10, Kobuchi discloses the method according to claim 8, wherein said step c. of injecting a resin in order to form a lens body further includes the following steps: c1. providing a resin ([0115] discloses; thermally fusing a polyamide-based resin; Examiner notes that this step is considered to include providing a resin to thermally fuse), and c2. executing an injection molding process ([0115] discloses: resin molded using insert injection molding), injecting the resin into the mold to obtain a lens body that is coupled to the polarizing wafer, to obtain a polarized lens ([0115] discloses: to make a polarizing laminate). Kobuchi fails to disclose a method wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material. Kobuchi and Kasai are related because both disclose optical systems. Kasia teaches wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material ([0190] teaches: resin layer from mold made of non-stretched polyamide and biaxially stretched polyamide; Examiner notes that each layer in the second layer can be considered its own layer). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Kasai and provide wherein the first external layer of polyamide is made of stretched material and the second external layer of polyamide is made of non-stretched material. Doing so would allow for better dimensional strength and mechanical stability, thereby improving the overall durability and quality of the optical system. Claim 9 is rejected under 35 U.S.C. § 103 as being unpatentable over Kobuchi et al. (2009/0305049, of record) in view of Jin (CN 101972756, Examiner has provided a machine translation) in view of Zheng (US 2021/0347934) in view of Jiang et al. (US 2010/0163165), as applied to claim 8 above, in view of Yoshimura (2022/0043282, of record). Regarding claim 9, Kobuchi discloses the method according to claim 8, wherein said step a. of providing a polarizing wafer further includes the following steps: a1. providing a polyamide ([0010] discloses: protective sheet is a polyamide-based resin sheet), a2. extruding said polyamide to obtain at least two sheets of polyamide ([0112] discloses: two transparent nylon protective sheets; therefore considered to obtain at least two sheets of polyamide; [0109] discloses: nylon extruded to make a continuous sheet) a3. providing a polarizing material ([0112] discloses: polyvinyl alcohol polarizer) a4. subjecting the two sheets of polyamide and the polarizing material to a lamination process in order to obtain a multilayer polarizing sheet in which a layer of polarizing material is comprised between a first external layer of polyamide and a second external layer of polyamide ([0112] discloses: polyvinyl alcohol absorber held between two transparent nylon protective sheets and were adhered to make a polarizing laminate), a4. before and/or during said lamination process, applying a glue between said layers ([0112] discloses: adhered with a polyurethane-based adhesive) Kobuchi fails to disclose cutting a portion of said multilayer polarizing sheet into a predefined shape, and thermoforming the cut portion so as to obtain a polarizing wafer that has a predetermined shape suitable for the lens to be provided. Kobuchi and Yoshimura are related because both disclose optical methods of polarizing elements. Yoshimura teaches cutting a portion of said multilayer polarizing sheet into a predefined shape ([0161] teaches: polarizing lenses formed by being subjected to a cutting into a predetermined oval shape), and thermoforming the cut portion so as to obtain a polarizing wafer that has a predetermined shape suitable for the lens to be provided ([0166] teaches: cut-out polarizing sheets placed on bending mold, adjusted to temperature and produced into a predetermined curved shape). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Kobuchi to incorporate the teachings of Yoshimura and provide cutting a portion of said multilayer polarizing sheet into a predefined shape, and thermoforming the cut portion so as to obtain a polarizing wafer that has a predetermined shape suitable for the lens to be provided. Doing so would allow for better conformal integration of the layers better optical alignment and consistent polarization performance, thereby improving the overall functionality and quality of the optical system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Sipes whose telephone number is (703)756-1372. The examiner can normally be reached Monday - Thursday 6:00 - 11:00 and 1:00 - 6:00. 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, Bumsuk Won can be reached at (571) 272-2713. 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. /J.C.S./Examiner, Art Unit 2872 /BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Nov 10, 2022
Application Filed
May 09, 2025
Non-Final Rejection — §103
Aug 08, 2025
Response Filed
Oct 22, 2025
Final Rejection — §103
Jan 29, 2026
Response after Non-Final Action
Feb 11, 2026
Request for Continued Examination
Feb 24, 2026
Response after Non-Final Action
Feb 25, 2026
Non-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

3-4
Expected OA Rounds
80%
Grant Probability
92%
With Interview (+12.2%)
3y 5m
Median Time to Grant
High
PTA Risk
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