Prosecution Insights
Last updated: August 18, 2026
Application No. 18/284,728

SPECTACLE LENS AND SPECTACLES

Non-Final OA §103
Filed
Sep 28, 2023
Priority
Mar 31, 2021 — JP 2021-062101 +1 more
Examiner
HALL, ELIZABETH MARY CAMPBEL
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hoya Corporation
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
24 granted / 36 resolved
-1.3% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§103
47.3%
+7.3% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
29.5%
-10.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 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. Response to Amendment Applicant's arguments filed 1/27/2026 have been fully considered but they are not persuasive. In response to applicant's arguments that neither Watanabe nor Rigato teach that the metal-containing layer includes silver in the form of a single metal or an alloy, examiner respectfully disagrees. Paragraphs 0001, 0005, 0018, and 0028 of Rigato each teach a metallic layer made of silver as a single metal, and paragraph 0001 further states that the metallic layer may be made up as a mixture including silver and zirconium. Information Disclosure Statement The information disclosure statement(s) filed on 5/1/2026 have been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence. Claim Rejections - 35 USC § 103 Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe US 20170131438 (hereinafter “Watanabe”) of record in view of Rigato et. al US 20130258278 (hereinafter “Rigato”) of record. Regarding claim 1, Watanabe teaches a spectacle lens (Watanabe para. 0011) comprising: a lens substrate (Watanabe para. 0011-0013 - lens substrate); and an inorganic layer (Watanabe para. 0011-0013 - hard coat layer, where para. 0012 says the hard coat layer contains an inorganic oxide), the spectacle lens further comprising: a metal-containing layer (Watanabe para. 0013 - ground layer) between the lens substrate and the inorganic layer (Watanabe para. 0013 - places the ground layer between the lens substrate and the hard coat layer), wherein metals that are contained in the metal-containing layer (Watanabe para. 0066) are one or more metals selected from the group consisting of cobalt, nickel, zinc, copper, zirconium, molybdenum, lead, gold and palladium (Watanabe para. 0066 - zirconium, zinc). Watanabe does not specify using silver in the form of a single metal or an alloy in the metal-containing layer, however Watanabe does teach utilizing a metal oxide and mixing two or more kinds of metal oxides to adjust the refractive index of the ground layer (Watanabe para. 0066). In the same field of endeavor, Rigato teaches a metal-containing layer containing silver in the form of a single metal or an alloy (Rigato para. 0001, 0005, 0018, 0028), though it could also contain zirconium as a mixture (Rigato para. 0001) for the purpose of reflecting the radiation of the solar to the infrared spectrum (Rigato para. 0041). 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 metal-containing layer including silver as taught by Rigato in the spectacle lens of Watanabe in order to reflect the radiation of the solar to the infrared spectrum (Rigato para. 0041). Regarding claim 2, Watanabe and Rigato teach the spectacle lens according to claim 1, and Watanabe further teaches wherein, as the one or more metals that are contained in the metal-containing layer, one or more metals selected from the group consisting of zirconium, gold and palladium are contained (Watanabe para. 0066). Regarding claim 3, Watanabe and Rigato teach the spectacle lens according to claim 1, and Watanabe further teaches wherein, as the one or more metals that are contained in the metal-containing layer, zirconium is contained (Watanabe para. 0066). Regarding claim 4, Watanabe and Rigato teach the spectacle lens according to claim 1, and Watanabe further teaches wherein the spectacle lens has the lens substrate, a cured layer obtained by curing a curable composition and the inorganic layer in this order (Watanabe para. 0031 – a lens substrate has a ground layer and a hard coat disposed sequentially on its surface, and para. 0066-0067 – the ground layer may include a resin), and the metal-containing layer is the cured layer (Watanabe para. 0066-0067 – the ground layer may include a resin). Regarding claim 5, Watanabe and Rigato teach spectacles comprising: the spectacle lens according to claim 1 (Watanabe para. 0080, see also claim 1 rejection above). Regarding claim 6, Watanabe and Rigato teach the spectacle lens according to claim 2, and Watanabe further teaches wherein, as the one or more metals that are contained in the metal-containing layer, zirconium is contained (Watanabe para. 0066). Regarding claim 7, Watanabe and Rigato teach the spectacle lens according to claim 2, and Watanabe further teaches wherein the spectacle lens has the lens substrate, a cured layer obtained by curing a curable composition and the inorganic layer in this order (Watanabe para. 0031 – a lens substrate has a ground layer and a hard coat disposed sequentially on its surface, and para. 0066-0067 – the ground layer may include a resin), and the metal-containing layer is the cured layer (Watanabe para. 0066-0067 – the ground layer may include a resin). Regarding claim 8, Watanabe and Rigato teach spectacles comprising: the spectacle lens according to claim 2 (Watanabe para. 0080, see also claim 2 rejection above). Regarding claim 9, Watanabe and Rigato teach the spectacle lens according to claim 3, and Watanabe further teaches wherein the spectacle lens has the lens substrate, a cured layer obtained by curing a curable composition and the inorganic layer in this order (Watanabe para. 0031 – a lens substrate has a ground layer and a hard coat disposed sequentially on its surface, and para. 0066-0067 – the ground layer may include a resin), and the metal-containing layer is the cured layer (Watanabe para. 0066-0067 – the ground layer may include a resin). Regarding claim 10, Watanabe and Rigato teach spectacles comprising: the spectacle lens according to claim 3 (Watanabe para. 0080, see also claim 3 rejection above). Regarding claim 11, Watanabe and Rigato teach spectacles comprising: the spectacle lens according to claim 4 (Watanabe para. 0080, see also claim 4 rejection above). Regarding claim 12, Watanabe and Rigato teach the spectacle lens according to claim 1, and Watanabe further teaches wherein the metal-containing layer (ground layer) is a single layer (Watanabe para. 0013, 0030-0031). Regarding claim 13, Watanabe and Rigato teach the spectacle lens according to claim 1, and Watanabe further teaches wherein the one or more metals selected from the group consisting of cobalt, nickel, zinc, copper, zirconium, molybdenum, lead, gold and palladium (Watanabe para. 0066 - zirconium, zinc) is an oxide (Watanabe para. 0066). 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 /RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Sep 28, 2023
Application Filed
Sep 28, 2023
Response after Non-Final Action
Sep 25, 2025
Non-Final Rejection mailed — §103
Jan 27, 2026
Response Filed
Mar 16, 2026
Final Rejection mailed — §103
Jun 15, 2026
Request for Continued Examination
Jun 17, 2026
Response after Non-Final Action
Jun 25, 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
67%
Grant Probability
73%
With Interview (+5.9%)
3y 3m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

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