Prosecution Insights
Last updated: April 19, 2026
Application No. 18/279,462

SPECTACLE LENS, METHOD OF PRODUCING SPECTACLE LENS AND SPECTACLES

Non-Final OA §103
Filed
Aug 30, 2023
Examiner
LEE, MATTHEW Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hoya Lens Thailand Ltd.
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
194 granted / 237 resolved
+13.9% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
43 currently pending
Career history
280
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 237 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 12th, 2026 has been entered. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on March 12th, 2026 has been considered by the examiner. Response to Amendment The amendment filed March 12th, 2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1-4, 9-11, and 16-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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. 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. Claims 1-4, 9-11, 16-17, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama (JP 2006184849 A, as evidenced by the machine translation) in view of Aziz (US 2023/0280504), further in view of Watanabe (US 6,337,129). Regarding claim 1, Yoneyama discloses a spectacle lens (Fig. 1, [0055], “eyeglasses, or goggles.”), comprising a lens substrate (2) and an inorganic layer (layers 11-12), further comprising a metal-containing layer (13) on the side of the surface of the inorganic layer opposite to the lens substrate (as shown in Fig. 1, 13 is on 12 opposite of layer 2), wherein a metal contained in the metal-containing layer includes a first metal and a second metal ([0032], “materials for the metal thin film layer 13”), wherein the first metal is silver ([0032], “Of these, silver, an alloy containing silver, and a mixture containing silver are preferred”), wherein the second metal is one or more metals selected from the group consisting of cobalt, nickel, zinc, copper, zirconium, molybdenum, lead, platinum, gold and palladium ([0033], “metal elements to be contained in silver include gold, copper, platinum”). Yoneyama does not specifically disclose wherein the metal-containing layer is an outermost layer on the side of the surface of the inorganic layer opposite to the lens substrate. However Aziz, in the same field of endeavor because both teach a coated lens, teaches wherein the metal-containing layer is an outermost layer on the side of the surface of the inorganic layer opposite to the lens substrate ([0244], “a spectacle lens according to the disclosure at least one of the stack layers in addition to the outermost stack layer may comprise silver (Ag).”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama with the wherein the metal-containing layer is an outermost layer on the side of the surface of the inorganic layer opposite to the lens substrate as taught by Aziz, for the purpose of improving he antibacterial properties of the lens ([0244]). Modified Yoneyama does not specifically disclose wherein the metal-containing layer is a water-repellant layer, and wherein the metal-containing layer is a single layer. However Watanabe, in the same field of endeavor because both teach a coating, teaches wherein the metal-containing layer (Fig. 1, element 3, Col. 9, lines 24-25, “a metal, such as silver, copper, or zinc, is added to the surface layer”) is a water-repellant layer (element 5, Col. 4, lines 39-41, “A part of the water-repellent fluororesin 5 is exposed on the outermost surface of the silicone or silica layer 4”), and wherein the metal-containing layer is a single layer (as shown in Fig. 1, the metal containing layer 3 is a single layer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz with the wherein the metal-containing layer is a water-repellant layer, and wherein the metal-containing layer is a single layer as taught by Watanabe, for the purpose of improving the antifouling properties of the surface (Col. 9, lines 23-28). Regarding claim 2, modified Yoneyama teaches as is set forth in claim 1 rejection above and Yoneyama further discloses wherein the second metal is one or more metals selected from the group consisting of zirconium, platinum, gold and palladium ([0033], “metal elements to be contained in silver include gold, copper, platinum”). Regarding claim 3, modified Yoneyama teaches as is set forth in claim 1 rejection above and Yoneyama further discloses wherein the second metal includes platinum ([0033], “metal elements to be contained in silver include … platinum”). Regarding claim 4, modified Yoneyama teaches as is set forth in claim 1 rejection above and Yoneyama further discloses wherein the inorganic layer is a multilayer film composed of two or more inorganic layers ([0057], “conductive oxide material (ICO) containing 10 atomic % of cerium in indium was deposited on the primer layer 4 by sputtering to form a high refractive index transparent thin film layer 11 … Nichrome was deposited on the high-refractive-index transparent thin film layer 11 by sputtering to form a protective layer 12”). Regarding claim 9, modified Yoneyama teaches as is set forth in claim 1 rejection above and Yoneyama further discloses spectacles comprising the spectacle lens ([0055], “eyeglasses, or goggles). Regarding claim 10, modified Yoneyama teaches as is set forth in claim 2 rejection above and Yoneyama further discloses wherein the second metal includes platinum ([0033], “metal elements to be contained in silver include … platinum”). Regarding claim 11, modified Yoneyama teaches as is set forth in claim 2 rejection above and Yoneyama further discloses wherein the inorganic layer is a multilayer film composed of two or more inorganic layers ([0057], “conductive oxide material (ICO) containing 10 atomic % of cerium in indium was deposited on the primer layer 4 by sputtering to form a high refractive index transparent thin film layer 11 … Nichrome was deposited on the high-refractive-index transparent thin film layer 11 by sputtering to form a protective layer 12”). Regarding claim 16, modified Yoneyama teaches as is set forth in claim 2 rejection above and Yoneyama further discloses spectacles comprising the spectacle lens ([0055], “eyeglasses, or goggles). Regarding claim 17, modified Yoneyama teaches as is set forth in claim 3 rejection above and Yoneyama further discloses wherein the inorganic layer is a multilayer film composed of two or more inorganic layers ([0057], “conductive oxide material (ICO) containing 10 atomic % of cerium in indium was deposited on the primer layer 4 by sputtering to form a high refractive index transparent thin film layer 11 … Nichrome was deposited on the high-refractive-index transparent thin film layer 11 by sputtering to form a protective layer 12”). Regarding claim 21, modified Yoneyama teaches as is set forth in claim 1 rejection above and Yoneyama further discloses wherein the metal-containing layer has a film thickness of 5 nm or more and 30 nm or less ([0035], “The thickness of the metal thin film layer 13 is preferably 20 nm or less, more preferably 5 to 15 nm”). Regarding claim 22, modified Yoneyama teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein a contact angle with respect to water on a surface of the metal-containing layer is 100° or more and 120° or less. However Watanabe, in the same field of endeavor because both teach a coating, teaches wherein a contact angle with respect to water on a surface of the metal-containing layer is 100° or more and 120° or less (Col. 19, lines 53-54, “the contact angle of sample 4 with water was 110°”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the wherein a contact angle with respect to water on a surface of the metal-containing layer is 100° or more and 120° or less as taught by Watanabe, for the purpose of improving the antifouling properties of the surface (Col. 9, lines 23-28). Regarding claim 23, modified Yoneyama teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the metal-containing layer is directly laminated on a surface of the inorganic layer. However Aziz, in the same field of endeavor because both teach a coated lens, teaches wherein the metal-containing layer is directly laminated on a surface of the inorganic layer (as shown in Fig. 2, the metal-containing layer 6F is directly laminated on inorganic layer 5F). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the wherein the metal-containing layer is directly laminated on a surface of the inorganic layer as taught by Aziz, for the purpose of improving he antibacterial properties of the lens ([0244]). Claims 6, 13, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama (JP 2006184849 A, as evidenced by the machine translation) in view of Aziz (US 2023/0280504) further in view of Watanabe (US 6,337,129) and Yamane (US 2021/0130545). Regarding claim 6, modified Yoneyama teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the water-repellent layer contains a fluorine-based organic compound. However Yamane, in the same field of endeavor because both teach a coated lens, teaches wherein the water-repellent layer contains a fluorine-based organic compound ([0027], “a water/oil repellent layer disposed on an outer surface of the silica layer, composed mainly of a cured product of a fluorinated organosilicon compound”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the wherein the water-repellent layer contains a fluorine-based organic compound as taught by Yamane, for the purpose of improving abrasion resistance of a water repellent layer ([0024-0025]). Regarding claim 13, modified Yoneyama teaches as is set forth in claim 2 rejection above but does not specifically disclose wherein the water-repellent layer contains a fluorine-based organic compound. However Yamane, in the same field of endeavor because both teach a coated lens, teaches wherein the water-repellent layer contains a fluorine-based organic compound ([0027], “a water/oil repellent layer disposed on an outer surface of the silica layer, composed mainly of a cured product of a fluorinated organosilicon compound”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the wherein the water-repellent layer contains a fluorine-based organic compound as taught by Yamane, for the purpose of improving abrasion resistance of a water repellent layer ([0024-0025]). Regarding claim 19, modified Yoneyama teaches as is set forth in claim 3 rejection above but does not specifically disclose wherein the water-repellent layer contains a fluorine-based organic compound. However Yamane, in the same field of endeavor because both teach a coated lens, teaches wherein the water-repellent layer contains a fluorine-based organic compound ([0027], “a water/oil repellent layer disposed on an outer surface of the silica layer, composed mainly of a cured product of a fluorinated organosilicon compound”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the wherein the water-repellent layer contains a fluorine-based organic compound as taught by Yamane, for the purpose of improving abrasion resistance of a water repellent layer ([0024-0025]). Claims 7-8, 14-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama (JP 2006184849 A, as evidenced by the machine translation) in view of Aziz (US 2023/0280504) further in view of Watanabe (US 6,337,129) and Orihara (JPH05112658A, as evidenced by the machine translation). Regarding claim 7, modified Yoneyama teaches as is set forth in claim 1 rejection above and further discloses a method of producing the spectacle lens ([0034], “The metal thin film layer 13 can be formed by a conventionally known method”). Yoneyama does not specifically disclose the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method. However Orihara, in the same field of endeavor because both teach a coated element, teaches the method comprising: film-forming the metal-containing layer by a heat deposition method ([0014], “The heating temperature of the metal or inorganic substance is a temperature at which the vapor pressure of the metal or inorganic substance used as the evaporation source is approximately the same as the degree of vacuum during thin film formation, and is usually in the range of 500 to 1500°C”); and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method ([0018], “Metals or inorganic substances other than those mentioned above can also be vapor-deposited if they are heated to a temperature at which the vapor pressure of the metal or inorganic substance to be used as the evaporation source is about the same as the degree of vacuum during thin film formation”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method as taught by Orihara, for the purpose of reducing processing time ([0007-0009]). Regarding claim 8, modified Yoneyama teaches as is set forth in claim 7 rejection above but does not specifically disclose wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different. However Orihara, in the same field of endeavor because both teach a coated element, teaches wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different ([0019], “When the polymeric material and the metal or inorganic material are simultaneously heated and vapor-deposited, the deposition rate is controlled by adjusting the heating temperature of each material, thereby controlling the size of the particles produced in the polymer thin film and the content of the particles in the thin film”, examiner interprets the adjusting the heating temperature to correspond to the heating rate to affect each material deposited). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe and Orihara with the wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different as taught by Orihara, for the purpose of reducing processing time ([0007-0009]). Regarding claim 14, modified Yoneyama teaches as is set forth in claim 2 rejection above and further discloses a method of producing the spectacle lens ([0034], “The metal thin film layer 13 can be formed by a conventionally known method”). Yoneyama does not specifically disclose the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method. However Orihara, in the same field of endeavor because both teach a coated element, teaches the method comprising: film-forming the metal-containing layer by a heat deposition method ([0014], “The heating temperature of the metal or inorganic substance is a temperature at which the vapor pressure of the metal or inorganic substance used as the evaporation source is approximately the same as the degree of vacuum during thin film formation, and is usually in the range of 500 to 1500°C”); and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method ([0018], “Metals or inorganic substances other than those mentioned above can also be vapor-deposited if they are heated to a temperature at which the vapor pressure of the metal or inorganic substance to be used as the evaporation source is about the same as the degree of vacuum during thin film formation”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method as taught by Orihara, for the purpose of reducing processing time ([0007-0009]). Regarding claim 15, modified Yoneyama teaches as is set forth in claim 14 rejection above but does not specifically disclose wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different. However Orihara, in the same field of endeavor because both teach a coated element, teaches wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different ([0019], “When the polymeric material and the metal or inorganic material are simultaneously heated and vapor-deposited, the deposition rate is controlled by adjusting the heating temperature of each material, thereby controlling the size of the particles produced in the polymer thin film and the content of the particles in the thin film”, examiner interprets the adjusting the heating temperature to correspond to the heating rate to affect each material deposited). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe and Orihara with the wherein, in the different temperature profiles, one or more heating parameters selected from the group consisting of a temperature increase rate, a heating start time and a heating end time are different as taught by Orihara, for the purpose of reducing processing time ([0007-0009]). Regarding claim 20, modified Yoneyama teaches as is set forth in claim 3 rejection above and further discloses a method of producing the spectacle lens ([0034], “The metal thin film layer 13 can be formed by a conventionally known method”). Yoneyama does not specifically disclose the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method. However Orihara, in the same field of endeavor because both teach a coated element, teaches the method comprising: film-forming the metal-containing layer by a heat deposition method ([0014], “The heating temperature of the metal or inorganic substance is a temperature at which the vapor pressure of the metal or inorganic substance used as the evaporation source is approximately the same as the degree of vacuum during thin film formation, and is usually in the range of 500 to 1500°C”); and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method ([0018], “Metals or inorganic substances other than those mentioned above can also be vapor-deposited if they are heated to a temperature at which the vapor pressure of the metal or inorganic substance to be used as the evaporation source is about the same as the degree of vacuum during thin film formation”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the spectacle lens of Yoneyama in view of Aziz further in view of Watanabe with the method comprising: film-forming the metal-containing layer by a heat deposition method; and heating a plurality of deposition sources according to different temperature profiles in the film-forming by the heat deposition method as taught by Orihara, for the purpose of reducing processing time ([0007-0009]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm. 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, Pinping Sun can be reached at (571) 270 - 1284. 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. /MATTHEW Y LEE/Examiner, Art Unit 2872 17 March 2026
Read full office action

Prosecution Timeline

Aug 30, 2023
Application Filed
Aug 30, 2023
Response after Non-Final Action
Aug 26, 2025
Non-Final Rejection — §103
Nov 28, 2025
Response Filed
Dec 09, 2025
Final Rejection — §103
Mar 12, 2026
Request for Continued Examination
Mar 16, 2026
Response after Non-Final Action
Mar 17, 2026
Non-Final Rejection — §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

3-4
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+19.5%)
2y 10m
Median Time to Grant
High
PTA Risk
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