Prosecution Insights
Last updated: July 17, 2026
Application No. 18/867,893

Long-range optical device

Non-Final OA §102
Filed
Nov 21, 2024
Priority
May 24, 2022 — DE 10 2022 113 131.9 +1 more
Examiner
GAGNON, GRANT A
Art Unit
Tech Center
Assignee
Steiner-Optik GmbH
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
385 granted / 459 resolved
+23.9% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
35.7%
-4.3% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 459 resolved cases

Office Action

§102
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The IDS filed to date have been considered. Claim Rejections - 35 USC § 102 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 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. Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burnsed (US 20200400944, of record) herein after referred to as D1. With regard to claim 1, D1 teaches a long-range optical device (Figs. 5-10), in at least one of (Figs. 1A, 1B, 2A and 2B); comprising at least one display region (160; and [0066]) for displaying optical information (144; and [0043]), wherein: at least two electrochromic arrangements (110; and [0051]) associated with the at least one display region (160; and [0066]), which can each be transferred into one or more operating states (110; and [0051]) in order to change the brightness ([0042], and [0055]) and/or the colorfulness ([0042], and [0075]) and/or the contrast ([0042], and [0076]) of respective optical information (144; and [0043]), and a control device ([0053]) associated with the at least two electrochromic arrangements (110; and [0051]), which is configured to generate control information ([0053]) for transferring the at least two electrochromic arrangements (110; and [0051]) into one or more respective operating states (110; and [0051]). With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the at least two electrochromic arrangements (110; and [0051]) can be transferred into one or more respective operating states (110; and [0051]) depending on or independently of one another ([0051]). With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the at least two electrochromic arrangements (110; and [0051]) are arranged or formed in an optical channel (Figs. 5-10: direct systems from eye to scene) of the long-range optical device (Figs. 5-10). With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein a first electrochromic arrangement (110; and [0051]) is associated with an objective lens ([0048]), and a second electrochromic arrangement (110; and [0051]) is associated with an eyepiece (160) of the optical channel (Figs. 5-10: direct systems from eye to scene). With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein at least a first electrochromic arrangement (110; and [0051]) is arranged or formed in a first optical channel (Figs. 5-10: direct systems from eye to scene) of the long-range optical device (Figs. 5-10) and at least a second electrochromic arrangement (110; and [0051]) is arranged or formed in a second ([0048]) optical channel (Figs. 5-10: direct systems from eye to scene) of the long-range optical device (Figs. 5-10). With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein a first electrochromic arrangement (110; and [0051]) is associated with an optical channel (Figs. 5-10: direct systems from eye to scene) of the long-range optical device (Figs. 5-10) for adjusting the brightness ([0042], and [0055]) and/or the colorfulness ([0042], and [0075]) and/or the contrast ([0042], and [0076]) of the optical information (144; and [0043]) viewable via the optical channel (Figs. 5-10: direct systems from eye to scene), and a second electrochromic arrangement (110; and [0051]) is associated with an electronic display device of the long-range optical device (Figs. 5-10) for adjusting the brightness ([0042], and [0055]) and/or the colorfulness ([0042], and [0075]) and/or the contrast ([0042], and [0076]) of the optical information (144; and [0043]) generated via the electronic display device (160). With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 6, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the optical information (144; and [0043]) generated by the electronic display device (160) can be coupled-in via an optical coupling device (also 160). With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein a first electrochromic arrangement (110; and [0051]) is configured in respective one or more operating states (110; and [0051]) for adjusting a defined brightness ([0042], and [0055]) and/or a defined contrast ([0042], and [0076]) of respective optical information (144; and [0043]) in a first brightness ([0042], and [0055]) and/or contrast ([0042], and [0076]) range, and a second electrochromic arrangement (110; and [0051]) is configured in respective one or more operating states (110; and [0051]) for adjusting a defined brightness ([0042], and [0055]) and/or a defined contrast ([0042], and [0076]) of respective optical information (144; and [0043]) in a second brightness ([0042], and [0055]) and/or contrast ([0042], and [0076]) range. With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 8, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the second brightness ([0042], and [0055]) and/or contrast ([0042], and [0076]) range is equal to or different from the first brightness ([0042], and [0055]) and/or contrast ([0042], and [0076]) range. With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein a first electrochromic arrangement (110; and [0051]) is configured in respective one or more operating states (110; and [0051]) for adjusting a defined chromaticity of respective optical information (144; and [0043]) in a first wavelength range ([0025]), and a second electrochromic arrangement (110; and [0051]) is configured in respective one or more operating states (110; and [0051]) for adjusting a defined chromaticity of respective optical information (144; and [0043]) in a second wavelength range ([0025]). With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the second chromaticity range ([0054]) is equal to or different from the first chromaticity range ([0051]). With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the second chromaticity range ([0054]) is unequal to the first chromaticity range ([0051]), wherein the second chromaticity range ([0054]) is a complementary chromaticity range to the first chromaticity range ([0051]). With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B);further comprising a control device ([0053])which is configured to implement a blocking functionality ([0054]) of the long-range optical device (Figs. 5-10) by transferring the at least two electrochromic arrangements (110; and [0051]) into respective operating states (110; and [0051]). With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the at least two electrochromic arrangements (110; and [0051]) are structurally arranged or formed together in a modular or modular-shaped assembly ([0172]). With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical device, in at least one of (Figs. 1A, 1B, 2A and 2B); wherein the at least two electrochromic arrangements (110; and [0051]) each comprise at least one electrochromic element (110; and [0051]) formed by or comprising an electrochromic material (110; and [0051]) arranged or formed between two electrically conductive elements (110; and [0051]) arranged or formed on a substrate ([0030]) element in each case, wherein; two electrically conductive elements (110; and [0051]) are at least arranged or formed on at least one substrate element ([0030]), wherein a first electrically conductive element (110; and [0051]) arranged or formed on a first surface of the at least one substrate element ([0030]) is associated with a first electrochromic arrangement (110; and [0051]), and a second electrically conductive element (110; and [0051]) arranged or formed on a second surface of the at least one substrate element ([0030]) is associated with a second electrochromic arrangement (110; and [0051]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30. 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, Bumsuk Won can be reached at (571) 272-2713. 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. /GRANT A GAGNON/ Examiner, Art Unit 2872 /BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Nov 21, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
84%
Grant Probability
91%
With Interview (+7.3%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 459 resolved cases by this examiner. Grant probability derived from career allowance rate.

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