Prosecution Insights
Last updated: July 17, 2026
Application No. 18/220,909

NEAR-INFRARED CUT FILTER AND IMAGING DEVICE HAVING SAME

Final Rejection §102§103
Filed
Jul 12, 2023
Priority
Jan 13, 2021 — JP 2021-003836 +1 more
Examiner
VU, PHU
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hoya Corporation
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
858 granted / 1006 resolved
+17.3% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
22 currently pending
Career history
1032
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.3%
+42.3% vs TC avg
§102
5.6%
-34.4% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1006 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 . Response to Arguments Applicant's arguments filed regarding claims 1-22 have been fully considered but they are not persuasive. Applicant has argued that Sugiyama does not teach the substrate itself does not teach an average transmittance in a range of 800 to 1100 of 1% or less. However Sugiyama at least discloses the substrate as an exemplary glass of Schott AG BG-60/ BG 61 [0063] which has a transmittance in a range of 800 to 1100 of 1% or less (see attached data sheet). Therefore applicant’s arguments are not considered persuasive. 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. Claim(s) 1, 6-8, 10 and 14-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugiyama US 2017/0017023. Regarding claim 1, Sugiyama teaches a near-infrared cut filter comprising: a transparent substrate (fig. 1 glass substrate 11) having a thickness of 0.16 to 0.26 mm ([0067]) and an average transmittance in a wavelength range of 800 to 1100 nm of 1% or less (fig. 7A); and a resin layer (NIR absorbing layer 12) formed on at least one main surface of the transparent substrate and configured to absorb light of a specific wavelength. Regarding claim 6, Sugiyama teaches the near-infrared cut filter according to claim 1, wherein the resin layer contains a transparent resin and a dye evenly dispersed in the transparent resin [0007]. Regarding claim 7, Sugiyama teaches the near-infrared cut filter according to claim 6, wherein the dye contains an ultraviolet absorbing dye having a maximum absorption wavelength at 340 to 400 nm [0130]. Regarding claim 8, Sugiyama teaches the near-infrared cut filter according to claim 6, wherein the dye contains a near-infrared absorbing dye having a maximum absorption wavelength at 650 to 900 nm [0077]. Regarding claim 10, Sugiyama teaches the near-infrared cut filter according to claim 1, further comprising a bonding layer between the transparent substrate and the resin layer, the bonding layer enhancing adhesion between the transparent substrate and the resin layer [0207]. Regarding claim 14, Sugiyama teaches the near-infrared cut filter according to claim 1, further comprising: a first functional film (fig. 2 second dielectric multilayer 14) on the resin layer; and a second functional film (first dielectric multilayer 13) on the other main surface of the transparent substrate (glass substrate 11). Regarding claim 15, Sugiyama teaches the near-infrared cut filter according to claim 14, wherein the first functional film and the second functional film are optical thin films each having at least one or more functions of an anti-reflective film, an infrared cut film and an ultraviolet cut film [0213]. Regarding claim 16, Sugiyama teaches the near-infrared cut filter according to claim 15, wherein each of the first functional film and the second functional film is composed of a dielectric multilayer film having a thickness of 500 nm or less [0220]. Regarding claim 17, Sugiyama teaches the near-infrared cut filter according to claim 16, wherein the dielectric multilayer film is formed by alternately stacking a low refractive index dielectric film and a high refractive index dielectric film [0213]. Regarding claim 18, Sugiyama teaches the near-infrared cut filter on a short wavelength side is 385 to 430 nm (see fig. 7B) and a half-value wavelength on a long wavelength side is 590 to 660 nm (fig. 7C). Regarding claim 19, Sugiyama teaches the near-infrared cut filter according to claim 1, wherein a difference between the half-value wavelength on the long wavelength side in the transmittance curve of the transparent substrate and a half-value wavelength on a long wavelength side in a transmittance curve of the near-infrared cut filter is 20 nm or less (see fig. 7A). Regarding claim 20, Sugiyama teaches the near-infrared cut filter according to claim 1, wherein the transparent substrate is made of a fluorophosphate-based glass or a phosphate-based glass [0251]. Regarding claim 21, Sugiyama teaches an imaging device comprising a solid-state image sensor (fig. 4 solid state image sensing device 21) and the near-infrared cut filter (NIR filter 10B) according to claim 1. Regarding claim 22, Sugiyama teaches the imaging device according to claim 21, wherein the near-infrared cut filter (10B) is arranged immediately in front of the solid-state image sensor and also serves as a cover glass (see fig. 4). 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. Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama US 20170017023 in view of Yamane US 2004/0082460. Regarding claim 2, Sugiyama teaches the near-infrared cut filter according to claim 1 but does not teach wherein the transparent substrate has a transmittance curve in which a half-value wavelength on a short wavelength side is 300 to 400 nm and a half-value wavelength on a long wavelength side is 590 to 670 nm. Yamane teaches a transparent substrate has a transmittance curve in which a half-value wavelength on a short wavelength side is 300 to 400 nm and a half-value wavelength on a long wavelength side is 590 to 670 nm (see fig. 1) providing good weatherability suited for imaging application. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to apply a substrate according to Yamane to provide good weatherability suited for imaging application. Regarding claims 3-5, Sugiyama teaches all the limitations of claim of claim 1, but does not explicitly teach the transparent substrate has an average transmittance in a wavelength range of 650 to 720 nm of 40% or less; the transparent substrate has an average transmittance in a wavelength range of 720 to 750 nm of 15% or less and the transparent substrate has an average transmittance in a wavelength range of 800 to 1200 nm of 5% or less. Yamane teaches a transparent substrate has an average transmittance in a wavelength range of 650 to 720 nm of 40% or less; the transparent substrate has an average transmittance in a wavelength range of 720 to 750 nm of 15% or less and the transparent substrate has an average transmittance in a wavelength range of 800 to 1200 nm of 5% or less (see example 3 of table 3) with good weatherability suited for imaging application [0001-0002]. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to apply a substrate according to Yamane to provide good weatherability suited for imaging application. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Kubo US 2020/0040161. Regarding claim 9, Sugiyama Sugiyama teaches the near-infrared cut filter according to claim 1. Sugiyama does not explicitly teach the resin layer contains Si atoms as an essential component and contains one or more kinds selected from Ti atoms, Zr atoms, and Al atoms as an optional component. Kubo teaches silicone resins [0054] contains Si atoms as an essential component and contains one or more kinds selected from Ti atoms, Zr atoms, and Al atoms as an optional component exhibiting high transparency in the visible light region [0054]. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Sugiyama in view of Kubo to provide a high transparency resin. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama. Regarding claim 11, Sugiyama teaches the near-infrared cut filter according to claim 10 but does explicitly teach further comprising the bonding layer on the other main surface of the transparent substrate. Sugiyama does teach an adhesive between a transparent substrate and/or a dielectric multilayer[0248] but does not explicitly recite it at the other interface between a second dielectric film. However one of ordinary skill could easily adopt this to apply to any subsequent surfaces as Sugiyama teaches another dielectric film (first dielectric multilayer 13)on the other main surface of the transparent substrate. Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of Imai US 2019/0369312. Regarding claim 12, Sugiyama teaches all the limitations of claim 10. Sugiyama does not teach the bonding layer has a single-layer structure containing one or more kinds selected from Ti atoms, Zr atoms, and Al atoms together with Si atoms. Imai teaches a bonding layer has a single-layer structure containing one or more kinds selected from Ti atoms, Zr atoms, and Al atoms together with Si atoms [0016] offering high adhesion to absorbing glass [0013]. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to apply the bonding layer of Imai to enhance bonding to an absorbing glass substrate. Regarding claim 13, Imai teaches, in the bonding layer, a percentage of a total number of Ti atoms, Zr atoms, and Al atoms to a total number of Si atoms, Ti atoms, Zr atoms, and Al atoms is more than 0 atomic% and is equal to or less than 50 atomic% [0017]. Conclusion THIS ACTION IS MADE FINAL. 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 PHU VU whose telephone number is (571)272-1562. The examiner can normally be reached 11:00 - 7:00 M-F. 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. /PHU VU/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Jul 12, 2023
Application Filed
Aug 13, 2025
Non-Final Rejection mailed — §102, §103
Jan 13, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §102, §103
Jul 15, 2026
Interview Requested

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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
85%
Grant Probability
95%
With Interview (+9.3%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1006 resolved cases by this examiner. Grant probability derived from career allowance rate.

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