Prosecution Insights
Last updated: April 19, 2026
Application No. 18/263,337

OPTICALLY ACTIVE DEVICES

Non-Final OA §102§112
Filed
Jul 27, 2023
Examiner
WHITELEY, JESSICA
Art Unit
1763
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Amo Ireland
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1317 granted / 1489 resolved
+23.4% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
47 currently pending
Career history
1536
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
31.5%
-8.5% vs TC avg
§102
34.8%
-5.2% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1489 resolved cases

Office Action

§102 §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. Specification The disclosure is objected to because of the following informalities: The specification does not include a section entitled “Brief description of the drawings”. Appropriate correction is required. 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. Claims 2, 5, 6, 7, 8, 11, and 17 are 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. With regards to claim 2, the limitations state that the composition contains a compound of formula ( Ia ), ( Ib ), or ( Ic ). However, it is unclear as to whether this is meant to further limit claim 1 or if the claim is adding an additional compound. Claim 5 recites the limitation "said polymerized group R 1 " in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites the limitation "the constitutional unit M 0 " in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim. With regards to claims 7 , 8 and 17 , the claim recites , for example, the phrase “n-alkyl acrylates (the n-alkyl group comprising 2-20 C atoms)” , wherein, the inclusion of a term within parentheses renders the claim indefinite because it is unclear whether the included term is part of the claimed invention. With regards to claim 11, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). With regards to claim 11, A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation that the precursor article to be an eye implant, and the claim also recites that its preferably an intraocular lens, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dobelmann -Mara et al, herein referred to as DM, (WO 2019121642) with US 2020/0332041 used for translation purposes. With regards to claim s 1 , 2 , 15 , 16 , and 18 , DM teaches a composition for ophthalmological products (abstract) that contains the following compound: (0024) wherein (0025-0034) with a preferred compound being the following: (M-32). With regards to claim 3 , DM teaches the above compound wherein the claimed “X-W” is O-C=O (M-32). With regards to claim s 4 -6 , DM teaches the above compound to be polymerized to form the following compound: (claim 1). With regards to claim s 7 , 8 , and 17 , DM teaches the composition to contain 3-hydroxypropyl methacrylate (reading on hydroxy alkyl group) (0077) or a monomer such as methyl (meth)acrylate (0087). With regards to claim 9 , DM teaches the structure above to have a claimed “R 2 ” of -CH 2 (M-32). With regards to claim 10 , DM teaches the structure above to have the claimed “R 1 ” to be an acrylate group (M-32). With regards to claim 11 , DM teaches the composition to be used to form a product that can be implanted in the eye (0018). With regards to claim 12 , DM teaches the addition of a crosslinker (0092) and/or a UV absorber (0099). DM teaches the process of forming to include polymerizing the composition to form the eye implant (0210-0211). With regards to claim s 13 and 14 , DM teaches intraocular lens to be exposed to irradiation using light of a suitable wavelength (0003) which is between 450 and 750 nm (0190). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references contain the compound of claim 15 and it to be used in an ophtha lmic composition: Ritter et al (US 8,329,842) and Dobelmann -Mara et al (US 2018/0162817) and the following reference teaches the compound of claim 15 but does not use the compound in an ophthalmic device: Korchia et al (2017, Soft. Matter. 13, 4507) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JESSICA WHITELEY whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5203 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8 - 5:00 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Joseph Del Sole can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712721130 . 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 571-272-100 0. /JESSICA WHITELEY/ Primary Examiner, Art Unit 1763
Read full office action

Prosecution Timeline

Jul 27, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection — §102, §112 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+7.1%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 1489 resolved cases by this examiner. Grant probability derived from career allow rate.

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