Prosecution Insights
Last updated: July 17, 2026
Application No. 18/261,831

OPTICALLY ACTIVE DEVICES

Non-Final OA §112
Filed
Jul 17, 2023
Priority
Dec 16, 2020 — EU 20214624.7 +1 more
Examiner
HALL, DEVE V.
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
693 granted / 923 resolved
+10.1% vs TC avg
Strong +17% interview lift
Without
With
+16.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
948
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
78.1%
+38.1% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 923 resolved cases

Office Action

§112
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 . Election/Restrictions Applicant’s election without traverse of Group I( claims 1-11 and 15-19) in the reply filed on 04/07/2026 is acknowledged. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim recites, “wherein said precursor article is a blank which may be transformed into an eye implant, preferably an intraocular lens,” the term “preferably” which renders the claim to be indefinite because it is unclear to what extent the more preferred language further limits the less preferred language. Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim recites, “An oligomer or polymer according to claim,” the claim is indefinite because it is unknown what the claim it depends on. Allowable Subject Matter Claims 1-10 and 15-18 are allowed. The closest prior art of record, WO 2018/149853, U.S. Publication No. 2018/0162817 (DOBELMANN-MARA et al.), and Research Article entitled, “The crystal structures of two new coumarin derivatives: 2-(4-{2[(2-oxo-2H-chromen-4-yl)-oxy]acetyl}piperazin-1-yl)acetamide and N-(2,4-dimethoxybenzyl)-2-[(2-oxo-2H-chromen-4-yl)oxyl]-acetamide, fails to teach compounds of formula (I). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVE V HALL whose telephone number is (571)270-7738. The examiner can normally be reached M-F, 9 am-5 pm, EST. 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, Joseph Del Sole can be reached at (571) 272-1130. 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. DEVE V. HALL Primary Examiner Art Unit 1763 /DEVE V HALL/Primary Examiner, Art Unit 1763
Read full office action

Prosecution Timeline

Jul 17, 2023
Application Filed
May 19, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679917
GRAFT-MODIFIED PRODUCT, ADHESIVE, OLEFIN RESIN COMPOSITION, AND LAMINATE
3y 1m to grant Granted Jul 14, 2026
Patent 12679994
PAINT COMPOSITION FOR VEHICLE INTERMEDIATE COATING WITH IMPROVED CHIPPING RESISTANCE
3y 2m to grant Granted Jul 14, 2026
Patent 12674081
COMPOSITIONS, ARTICLES, AND METHODS INVOLVING PRESSURE-SENSITIVE ADHESIVES COMPRISING POLYMER-GRAFTED PARTICLES
3y 10m to grant Granted Jul 07, 2026
Patent 12673517
RUBBER COMPOSITION FOR TIRE TREAD AND TIRE
3y 3m to grant Granted Jul 07, 2026
Patent 12668685
PROCESS FOR THE PREPARATION OF STYRENE-BUTADIENE RUBBERS COMPRISING RECYCLED RUBBER POWDER
3y 2m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
92%
With Interview (+16.6%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 923 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month