Prosecution Insights
Last updated: October 01, 2026
Application No. 18/255,454

OPTICAL BODY, MANUFACTURING METHOD OF OPTICAL BODY, LAMINATE, AND IMAGE SENSOR

Non-Final OA §103
Filed
Jun 01, 2023
Priority
Dec 11, 2020 — JP 2020-206295 +1 more
Examiner
HALL, ELIZABETH MARY CAMPBEL
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
DEXerials Corporation
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
27 granted / 40 resolved
-0.5% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
35 currently pending
Career history
79
Total Applications
across all art units

Statute-Specific Performance

§103
52.9%
+12.9% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
27.0%
-13.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 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 . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/5/2026 has been entered. Response to Amendment Applicant's arguments with respect to claims 1, 6-9 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et. al JP 2012137648 (hereinafter “JP 2012” of record) in view of Nakai et. al US 20160082688 (hereinafter “Nakai” of record) and Hebrink et. al US 20130010364 (hereinafter “Hebrink”). Regarding claim 1, JP 2012 teaches an optical body comprising: a base material (JP 2012 fig. 9 - 2); a dye-containing resin layer (JP 2012 fig. 9 - 4, see also para. 0026) formed on the base material (JP 2012 fig. 9); and an anti-reflection layer (JP 2012 fig. 9 - 6) formed on the resin layer (JP 2012 fig. 9), the anti-reflection layer (6) not containing dye and having a micro uneven structure (JP 2012 fig. 10 - 6a) with an uneven period less than or equal to a wavelength of visible light in at least one surface (JP 2012 para. 0053), wherein average spectral transmittance of the optical body for light in a wavelength range of 420 to 680 nm is 60% or greater, and minimum spectral transmittance of the optical body for light in a wavelength range of 750 to 1400 nm is less than 60% (JP 2012 fig. 2 - shows the transmittance and absorptance of the cyanine dye in the light absorbing structure 4 with a high average transmittance over 60% from about 420 to 680 nm and a minimum dipping to 0% from 750 to 1400 nm due to high absorptivity), wherein thickness of the resin layer (Nakai fig. 1 – 14, see also para. 0307 and 0310) is greater than or equal to 1 μm (Nakai para. 0107 – preferably 1 μm or greater), wherein thickness of the anti-reflection layer is 0.2 to 1.0 μm (Nakai para. 0108 – preferably 1 μm). JP 2012 does not specify wherein the anti-reflection layer has the micro uneven structure in both surfaces. In the same field of endeavor, Nakai teaches wherein the anti-reflection layer (Nakai fig. 1 - 16, see also para. 0081) has the micro uneven structure in both surfaces (Nakai fig. 1 - shows 16 with the structure on both surfaces, see also para. 0313 and abstract) for the purpose of obtaining favorable abrasion resistance and adhesion property (Nakai para. 0083). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have micro uneven structure in both surfaces of the anti-reflection layer as taught by Nakai in the optical body of JP 2012 in order to have obtain favorable abrasion resistance and adhesion property (Nakai para. 0083). Further, JP 2012 and Nakai do not teach wherein storage elastic modulus of the resin layer is less than storage elastic modulus of the anti-reflection layer. In the same field of endeavor, Hebrink teaches setting a range for the storage elastic modulus of the resin layer (Hebrink fig. 1 - 12) is less than the storage elastic modulus of the anti-reflection layer (Hebrink fig. 1 - 18; para. 0070 – teaches that the structured film substrate 12 has a lower storage modulus than the structured surface 18) for the purpose of increasing abrasion resistance (Hebrink para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an elastic storage modulus of the resin layer is less than the storage elastic modulus of the anti-reflection layer as taught by Hebrink in the optical body of JP 2012 and Nakai in order to increase abrasion resistance (Hebrink para. 0033). Regarding claim 9, JP 2012, Nakai, and Hebrink teach an image sensor (JP 2012 para. 0018 – imaging optical unit) comprising the optical body according to claim 1 (see claim 1 rejection above and JP 2012 para. 0018). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2012, Nakai, and Hebrink as applied to claim 1 above, and further in view of Tanaka et. al US 20080055728 (hereinafter “Tanaka” of record). Regarding claim 6, , JP 2012 and Nakai teach the optical body according to claim 1. JP 2012 and Nakai do not specify a retention film. In the same field of endeavor, Tanaka teaches wherein a retention film (Tanaka fig. 5e – 8) is further formed on the anti-reflection layer (Tanaka fig. 5e – 5, shows 8 formed on 5) for the purpose of providing conductivity (Tanaka para. 0107). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a retention film as taught by Tanaka in the optical body of JP 2012 and Nakai in order to provide conductivity (Tanaka para. 0107). Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et. al US 20080055728 (hereinafter “Tanaka” of record) in view of Nakai et. al US 20160082688 (hereinafter “Nakai” of record) and Hebrink et. al US 20130010364 (hereinafter “Hebrink”). Regarding claim 7, Tanaka teaches a manufacturing method of an optical body (Tanaka fig. 5e - 7), comprising the steps of: making an anti-reflection layer (Tanaka fig. 5e - 5) not containing dye and having a micro uneven structure (Tanaka fig. 5e - 5) in a surface by curing a retention film (Tanaka fig. 5e - 8) while the retention film (8) is pressed against a curable resin (Tanka fig. 5e - 3), the retention film (8) having a micro uneven structure (shape of 5, see Tanaka fig. 5e which shows 8 and 5 together) with an uneven period less than or equal to a wavelength of visible light (Tanaka para. 0097 – a period of .25 μm which is less than a wavelength of visible light); and making an optical body with the retention film (8) by, after a curable resin is applied to a base material, curing the obtained anti-reflection layer (5) while the anti-reflection layer (5) is pressed against the curable resin (8). Tanaka does not teach a dye-containing curable resin, the thicknesses of the anti-reflection layer and curable resin layer, and that the anti-reflection layer has the micro uneven structure in both sides. In the same field of endeavor, Nakai teaches a dye-containing curable resin layer (Nakai fig. 1 – 14, see also para. 0307 and 0310), wherein thickness of the anti-reflection layer is 0.2 to 1.0 μm (Nakai para. 0108 – preferably 1 μm), wherein the optical body has a layer of the curable resin layer (Nakai fig. 1 – 14, see also para. 0307 and 0310) having a thickness of greater than or equal to 1 μm (Nakai para. 0107 – preferably 1 μm or greater), and that the anti-reflection layer (Nakai fig. 1 - 16, see also para. 0081) has the micro uneven structure in both surfaces (Nakai fig. 1 - shows 16 with the structure on both surfaces, see also para. 0313 and abstract) for the purpose of obtaining favorable abrasion resistance and adhesion property (Nakai para. 0083). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have micro uneven structure in both surfaces of the anti-reflection layer as taught by Nakai in the manufacturing method of Tanaka in order to have obtain favorable abrasion resistance and adhesion property (Nakai para. 0083). Further, Tanaka and Nakai do not specify wherein storage elastic modulus of the resin layer is less than storage elastic modulus of the anti-reflection layer. In the same field of endeavor, Hebrink teaches setting a range for the storage elastic modulus of the resin layer (Hebrink fig. 1 - 12) is less than the storage elastic modulus of the anti-reflection layer (Hebrink fig. 1 - 18; para. 0070 – teaches that the structured film substrate 12 has a lower storage modulus than the structured surface 18) for the purpose of increasing abrasion resistance (Hebrink para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an elastic storage modulus of the resin layer is less than the storage elastic modulus of the anti-reflection layer as taught by Hebrink in the manufacturing method of Tanaka and Nakai in order to increase abrasion resistance (Hebrink para. 0033). Regarding claim 8, Tanaka teaches a laminate (Tanaka fig. 5e - 7) comprising: a retention film (Tanka fig. 5e - 8) having a micro uneven structure (Tanaka fig. 5e - 8 formed on 5, would have the micro uneven structure of 5) with an unevenness period less than or equal to a wavelength of visible light (Tanaka para. 0097 - a period of .25 μm which is less than a wavelength of visible light); an anti-reflection layer (Tanaka fig. 5e - 5) having a micro uneven structure in at least one surface (Tanaka fig. 5e - 5 is a micro uneven structure), the micro uneven structure (5) being formed after shape of the micro uneven structure of the retention film (Tanaka fig. 5e - 8 is formed on 5, both have the shape); and a resin layer (Tanaka fig. 5e - 3) formed on the anti-reflection layer (Tanaka fig. 5e - 3 is formed on 5, 5 is formed on 3). Tanaka does not teach a dye-containing curable resin, the thicknesses of the anti-reflection layer and curable resin layer, and that the anti-reflection layer has the micro uneven structure in both sides. In the same field of endeavor, Nakai teaches a dye-containing curable resin layer (Nakai fig. 1 – 14, see also para. 0307 and 0310), wherein thickness of the resin layer (Nakai fig. 1 – 14, see also para. 0307 and 0310) is greater than or equal to 1 μm (Nakai para. 0107 – preferably 1 μm or greater), wherein thickness of the anti-reflection layer is 0.2 to 1.0 μm (Nakai para. 0108 – preferably 1 μm), and that the anti-reflection layer (Nakai fig. 1 - 16, see also para. 0081) has the micro uneven structure in both surfaces (Nakai fig. 1 - shows 16 with the structure on both surfaces, see also para. 0313 and abstract) for the purpose of obtaining favorable abrasion resistance and adhesion property (Nakai para. 0083). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have micro uneven structure in both surfaces of the anti-reflection layer as taught by Nakai in the manufacturing method of Tanaka in order to have obtain favorable abrasion resistance and adhesion property (Nakai para. 0083). Further, Tanaka and Nakai do not specify wherein storage elastic modulus of the resin layer is less than storage elastic modulus of the anti-reflection layer. In the same field of endeavor, Hebrink teaches setting a range for the storage elastic modulus of the resin layer (Hebrink fig. 1 - 12) is less than the storage elastic modulus of the anti-reflection layer (Hebrink fig. 1 - 18; para. 0070 – teaches that the structured film substrate 12 has a lower storage modulus than the structured surface 18) for the purpose of increasing abrasion resistance (Hebrink para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an elastic storage modulus of the resin layer is less than the storage elastic modulus of the anti-reflection layer as taught by Hebrink in the manufacturing method of Tanaka and Nakai in order to increase abrasion resistance (Hebrink para. 0033). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST. 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, Ricky Mack can be reached at (571)272-2333. 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. /ELIZABETH M HALL/Examiner, Art Unit 2872 /ZACHARY W WILKES/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Jun 01, 2023
Application Filed
Jul 29, 2025
Non-Final Rejection mailed — §103
Oct 20, 2025
Response Filed
Feb 09, 2026
Final Rejection mailed — §103
May 01, 2026
Response after Non-Final Action
Jun 05, 2026
Request for Continued Examination
Jun 08, 2026
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §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
68%
Grant Probability
75%
With Interview (+7.2%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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