Prosecution Insights
Last updated: July 17, 2026
Application No. 18/278,324

PHOTOCHROMIC CURABLE COMPOSITION, PHOTOCHROMIC LAMINATE AND METHOD FOR PRODUCING THE SAME

Non-Final OA §103
Filed
Aug 22, 2023
Priority
Mar 08, 2021 — JP 2021-036754 +3 more
Examiner
KRUER, KEVIN R
Art Unit
1787
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokuyama Corporation
OA Round
1 (Non-Final)
27%
Grant Probability
At Risk
1-2
OA Rounds
1y 3m
Est. Remaining
56%
With Interview

Examiner Intelligence

Grants only 27% of cases
27%
Career Allowance Rate
217 granted / 807 resolved
-38.1% vs TC avg
Strong +30% interview lift
Without
With
+29.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
50 currently pending
Career history
866
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
69.0%
+29.0% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 807 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 . Election/Restrictions Applicant’s election of Group I, claims 1-3, 5, and 7-9, in the reply filed on 2/10/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 4, 6, 10, and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/10/2026. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements filed 8/22/2023, 2/14/2025, 9/3/2025, and 12/31/2025 have been considered. Initialed copies of said IDSs are enclosed herein. Drawings The drawings filed 8/22/2023 are accepted. 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) 1-3, 5, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/068798 (herein referred to as “Shimizu”) in view of Inoue (US 2022/0235182) Shimizu teaches a photochromic curable composition comprising (B) a polyrotaxane compound (herein understood to read on the claimed “a radically polymerizable monomer component”), and (C) a photochromic compound (0016). The composition may further comprise a silsesquioxane polymerizable monomer (0076). Shimizu does not teach the composition should further comprise a siloxane having an acyclic polysiloxane bond, and at least one of a radically polymerizable group and a group reactive with a radically polymerizable group. However, Inoue teaches a polyrotaxane composition comprising a reaction product of a polyrotaxane and a polysiloxane compound (0025-0026) wherein the polysiloxane compound crosslinks the polyrotaxane (0041-0043). The polysiloxane compound may comprise functional groups such as carboxylic acid (0077) and may comprise PDMS (0078). Said teaching is understood to read on the claimed “siloxane having an acyclic polysiloxane bond, and at least one of a radically polymerizable group and a group reactive with a radically polymerizable group” and the elected species of claim 3. Such compositions satisfy a demand for a highly concentrated polyrotaxane compatible with silicones, having excellent elastic properties, and exhibit high insulating properties (0014). Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to add a siloxane having an acyclic polysiloxane bond, and at least one of a radically polymerizable group to the composition of Shimizu. The motivation for doing so would have been compositions containing such polysiloxanes satisfy a demand for a highly concentrated polyrotaxane compatible with silicones, having excellent elastic properties, and exhibit high insulating properties With regards to claim 2, neither reference explicitly teaches the amount of the siloxane relative to 100 parts by mass of the radically polymerizable monomer component is 0.01 parts by mass or more and 10 parts by mass or less. However, Inoue teaches the amount of polyrotaxane relative to the polysiloxane may be varied in order to obtain a product with the desired properties such as insulating properties, and elastic properties (0097-0098). Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to vary the amount of polysiloxane compound added to Shimizu in order to optimize the properties of the resulting composition. With regards to claim 5, Shimizu teaches the radically polymerizable monomer component comprises a polyrotaxane compound having a radically polymerizable group (0033-0044). With regards to claim 8, Shimizu teaches the photochromic curable composition may further comprise a non-reactive hindered amine compound having neither radically polymerizable group nor group reactive with a radically polymerizable group (0145). With regards to claim 9, Shimizu teaches the photochromic curable composition may further comprise toluene or xylene (see preparation examples)-herein understood to read on the claimed “ an organic compound having a boiling point of 80°C or higher and 200°C or lower and a Hildebrand SP value of 8.0 or more and 10.0 or less” (see 0027 of published application). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/068798 (herein referred to as “Shimizu”) in view of US 2022/0235182, as applied to claims above, and further in view of JP2019/127450 (herein referred to as “Hanasaki”). With regards to claim 7, Shimizu is relied upon as above, but does not teach the photochromic curable composition further comprising a reactive hindered amine compound having at least one reactive group selected from the group consisting of a radically polymerizable group and a group reactive with the radically polymerizable group. However, Hanasaki teaches a photochromic curable composition comprising: (A1) a first hindered amine compound having at least 1 reactive group selected from the group consisting of a radical polymerizable group and a group reactive with the radical polymerizable group. The hindered amine (meth)acrylate compound provides curable composition capable of forming photochromic optical component having excellent durability, photochromic properties, and surface hardness. Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a reactive hindered amine compound having at least one reactive group selected from the group consisting of a radically polymerizable group in view of the teachings of Hanasaki. The motivation for doing so would have been to form a photochromic component having excellent durability, photochromic properties, and surface hardness. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R KRUER whose telephone number is (571)272-1510. The examiner can normally be reached M-F 8am-5pm. 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, Callie Shosho can be reached at (571) 272-1123. 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. /KEVIN R KRUER/Primary Examiner, Art Unit 1787
Read full office action

Prosecution Timeline

Aug 22, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (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
27%
Grant Probability
56%
With Interview (+29.5%)
4y 2m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 807 resolved cases by this examiner. Grant probability derived from career allowance rate.

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