Prosecution Insights
Last updated: October 04, 2026
Application No. 18/719,954

TINTED AND/OR SHADED LENS AND PROCESS FOR TINTING A TINTED AND/OR SHADED LENS

Final Rejection §112
Filed
Jun 14, 2024
Priority
Dec 20, 2021 — IT 102021000031823 +1 more
Examiner
ELHILO, EISA B
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Luxottica S.r.l.
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1207 granted / 1455 resolved
+15.0% vs TC avg
Strong +16% interview lift
Without
With
+16.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 9m
Avg Prosecution
48 currently pending
Career history
1481
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
40.2%
+0.2% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
24.0%
-16.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1455 resolved cases

Office Action

§112
DETAILED ACTION 1 This action is responsive to the amendment filed on August 06, 2026. 2 The cancellation of claims 9-11 is acknowledged. Pending claims are 1-8 and the newly added claim 12. 3 The rejections of the claims under 112, second paragraph and under 102 are withdrawn because of the applicant’s amendment. New ground of rejection Claim Objections 4 Claims 2-8 objected to because of the following informalities: Claims 2-8 recite the limitations “process lens according to” and “The process according to”. Claims 2-8 should be amended to recite “The process for obtaining a lens tinted and/or shaded according to claim 1”. Appropriate correction is required. Claim Rejections - 35 USC § 112 5 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 3 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 3 recites the limitation “a temperature is comprised between 60 OC and 120 OC”. The claimed specification does not recite any range of temperature. Correction is required. Claim Rejections - 35 USC § 112 6 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 1-8 and 12 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. Claim 1 recites the limitations “according to the rotary axis (r)” and “rotation direction (R)”. There is insufficient antecedent basis for this limitation in the claim. Claim 1 in the step of arranging, recites the limitations “axis z1, axis z2 and axis of rotation (R)”. Therefore, the limitations recited in step of carry out, lack antecedent basis. Correction is required. Claim 12 recites the limitation “the axes R”. There is insufficient antecedent basis for this limitation in the claim. Claim 12 dependent on claim 1. Claim 1 does not recite the limitation “the axes R”. Correction is required. Claim 12 recites the limitation “CNC-type handling system”. It is unclear what the meaning of CNC-type handling system?. The claimed specification does not provide any guidance. Clarification or correction is required. Claims 2 and 4-8 dependent upon a rejected base claim. Therefore, claims 2-8 are rejected as well. Response to Applicant’s Arguments 7 Applicant’s arguments with respect to claims 1-11, 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. 8 Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EISA B ELHILO whose telephone number is (571)272-1315. The examiner can normally be reached Monday-Friday, 7:00 AM to 3:30 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, Angela Brown-Pettigrew can be reached at (571)272-2817. 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. /EISA B ELHILO/Primary Examiner, Art Unit 1761
Read full office action

Prosecution Timeline

Jun 14, 2024
Application Filed
May 12, 2026
Non-Final Rejection mailed — §112
Aug 06, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+16.2%)
1y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1455 resolved cases by this examiner. Grant probability derived from career allowance rate.

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