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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/07/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/07/2026 has been considered by the examiner.
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 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 1-5, 11, 14, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2015/0219929) in view of Mastrangelo et al. (US 2019/011612; already of record), and further in view of Aschwanden et al. (US 2016/0259094).
Regarding claim 1, Silver discloses, an eye training system with the spectacles (Figs. 1a-7) that comprise at least the following components:
a frame member (102) configured to keep the spectacles (100) on the head of a person wearing the spectacles (Para. 0076),
two optical assemblies (104a-c and 106a-c) arranged at the frame member, wherein the optical assemblies are arranged such at the frame member that when the spectacles are worn on the head of the person said optical assemblies are in front of the eyes of the person (Para. 0076), wherein each optical assembly comprises a focus-tunable lens with an adjustable focal length (Para. 0077-0078);
a control circuit (710, 712, 714) comprising a processor, wherein the control circuit is configured to control the focal lengths of the focus-tunable lenses in response to data received from an external computer or provided by the processor (Para. 0079 and 0120).
Silver does not explicitly disclose each of the focus-tunable lenses is a membrane-based liquid lens, wherein the membrane-based liquid lens comprises a container that is transparent at least along an optical axis of the optical assembly, the container comprising a first and a second face arranged essentially opposite of each other, wherein the container comprises a transparent liquid between the first and the second face and wherein the second face of said container comprises a transparent elastically deformable membrane for adjusting the focal strength of the focus-tunable lens, and each optical assembly is configured to adjust for astigmatism and prism by compensating for higher order effects using the membrane.
Mastrangelo teaches, from the same field of endeavor that in spectacles (Figs. 1-3C) that it would have been desirable to make each of the focus-tunable lenses (100, 300) is a membrane-based liquid lens (Para. 0046-0048), wherein the membrane-based liquid lens (Para. 0046) comprises a container (Para. 0046) that is transparent at least along an optical axis of the optical assembly, the container comprising a first (see 310) and a second face (see 302) arranged essentially opposite of each other, wherein the container comprises a transparent liquid (306) between the first and the second face and wherein the second face of said container comprises a transparent elastically deformable membrane (302) for adjusting the focal strength of the focus-tunable lens (Para. 0049), and each optical assembly is configured to adjust for astigmatism and prism by compensating for higher order effects using the membrane (Para. 0075-0076 and see “Table 2”; note, discloses using the membrane to compensate for higher order effects such as coma, trefoil and spherical aberration).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make each of the focus-tunable lenses is a membrane-based liquid lens, wherein the membrane-based liquid lens comprises a container that is transparent at least along an optical axis of the optical assembly, the container comprising a first and a second face arranged essentially opposite of each other, wherein the container comprises a transparent liquid between the first and the second face and wherein the second face of said container comprises a transparent elastically deformable membrane for adjusting the focal strength of the focus-tunable lens, and each optical assembly is configured to adjust for astigmatism and prism by compensating for higher order effects using the membrane as taught by the spectacles of Mastrangelo in the spectacles of Silver since Mastrangelo teaches it is known to include these features in spectacles for the purpose of providing robust and low cost spectacles that effectively correct a user’s vision.
Silver in view of Mastrangelo does not explicitly disclose the membrane-based focus-tunable lens comprises: a first chamber filled with a first transparent liquid comprising a first mass density and a first refractive index; a second chamber filled with a second transparent liquid comprising a second mass density and a second refractive index; a transparent and elastically deformable first membrane that separates the two chambers from one another and contacts the first liquid and the second liquid, wherein said mass densities and said refractive indices are selected such that a gravity-induced coma aberration of the lens is reduced or prevented, wherein the external computer and/or the processor generates and transmits data to the optical assemblies, which data is capable of adjusting a focal length, and a cylinder and/or a prism, of at least one focus-adjustable lens.
Aschwanden teaches, from the same field of endeavor that in an eye training system with spectacles that it would have been desirable to make the membrane-based focus-tunable lens (Fig. 34) comprises: a first chamber (Para. 0149 and see “V”) filled with a first transparent liquid (Para. 0149 and see “F”) comprising a first mass density (Para. 0149; note, discloses the two fluids F, F’ have similar density which the examiner interprets that they are not exactly the same and have different densities) and a first refractive index (Para. 0149); a second chamber (Para. 0149 and see “V’ ”) filled with a second transparent liquid comprising a second mass density (Para. 0149; note, discloses the two fluids F, F’ have similar density which the examiner interprets that they are not exactly the same and have different densities) and a second refractive index (Para. 0149); a transparent and elastically deformable first membrane (10) that separates the two chambers from one another and contacts the first liquid and the second liquid (see Fig. 34), wherein said mass densities and said refractive indices are selected such that a gravity-induced coma aberration of the lens is reduced or prevented (Para. 0149), wherein the external computer and/or the processor generates and transmits data to the optical assemblies (400), which data is capable of adjusting a focal length (Para. 0019), and a cylinder and/or a prism, of at least one focus-adjustable lens (Para. 0019).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the membrane-based focus-tunable lens comprises: a first chamber filled with a first transparent liquid comprising a first mass density and a first refractive index; a second chamber filled with a second transparent liquid comprising a second mass density and a second refractive index; a transparent and elastically deformable first membrane that separates the two chambers from one another and contacts the first liquid and the second liquid, wherein said mass densities and said refractive indices are selected such that a gravity-induced coma aberration of the lens is reduced or prevented, wherein the external computer and/or the processor generates and transmits data to the optical assemblies, which data is capable of adjusting a focal length, and a cylinder and/or a prism, of at least one focus-adjustable lens as taught by the eye training system with spectacles of Aschwanden in the combination of Silver in view of Mastrangelo since Aschwanden teaches it is known to include this feature in an eye training system with spectacle for the purpose of providing an efficient eye training system with spectacle with improved optical quality and reduced aberrations.
Regarding claim 2, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, the eye training system further comprises a radio module (714) configured to wireless receive the data from the external computer (Para. 0120).
Regarding claim 3, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, the eye training system further comprises the external computer, wherein the computer is configured or comprises means to wireless transmit the data to the spectacles (Para. 0120).
Regarding claim 4, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, the eye training system (Figs. 1a-7) comprises a computer program stored on the external computer and/or the processor and/or a memory storage (Para. 0120), wherein the computer program is configured to cause the external computer or the processor to generate the data causing the optical assemblies to execute a sequence of focal lengths (Para. 0120), particularly a predefined sequence of focal lengths to be adjusted at the spectacles, particularly wherein the computer program is further configured to cause the external computer to transmit the data (Para. 0120).
Regarding claim 5, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, at least one of optical assemblies comprises a shutter (104b, 106b) configured to alter a transmission of the optical assembly (Para. 0076 and 0078), particularly wherein the shutter is configured to adopt a first state and a second state (Para. 0078 and 0120), wherein in the first state the corresponding optical assembly is transparent, wherein in the second state the corresponding optical assembly is optically shut, particularly wherein the shutter is a mechanical shutter (Para. 0078 and 0120), and wherein the shutter is controlled by the control circuit particularly with an actuator arranged at the shutter, particularly wherein the data is configured to control the shutter via the control circuit (Para. 0078 and 0120).
Regarding claim 11, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, the spectacles comprise an actuator system configured and arranged to adjust the focal lengths of the focus-tunable lenses of the optical assemblies, particularly wherein the actuator system comprises an actuator for each optical assembly, wherein the actuator system comprises at least one of: an electromagnetic actuator, such as a voice coil actuator, comprising an electromagnet or an electro permanent magnet; a piezoelectric actuator or a piezo motor; a stepper motor; a magneto strictive actuator; an electrostatic actuator; an electroactive polymer actuator (Para. 0076-0078 and 0080).
Regarding claim 14, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, the focus-tunable lenses are comprised in a glass or a transparent polymer laterally surrounding the focus-tunable lens (104a-c and 106a-c and associated text).
Regarding claim 18, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, comprising an external computer or a processor (Para. 0079-0080) computer program for controlling the adjustable focal length of the spectacles of the eye training system according to claim 1 (see rejection of claim 1 above), wherein the computer program comprises computer program code that when executed on the external computer and/or on the processor causes the external computer to transmit data to the spectacles and/or causes the processor to provide data to the control circuit that cause the optical assemblies to adjust the focal length of the focus-tunable lenses, the polarization and/or the transmission of the optical assemblies, particularly according to a predefined sequence stored in the computer program (Para. 0076-0079 and 0120).
Regarding claim 20, Silver, Mastrangelo and Aschwanden discloses and teaches as set forth above, and Silver further discloses, recorded data are received and evaluated by the external computer and/or the processor (Para. 0076-0079 and 0120), wherein in response to the recorded data, the external computer and/or the processor generates and transmits data to the optical assemblies (Para. 0076-0079 and 0120) such as to adjust at least one of: a focal length, a cylinder or a prism of at least one focus-adjustable lens, A shutter state of at least one optical assembly, A polarizer state of the first and/or second polarizer of at least one optical assembly (Para. 0076-0079 and 0120).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2015/0219929) in view of Mastrangelo et al. (US 2019/011612; already of record) in view of Aschwanden et al. (US 2016/0259094) as applied to claim 1 above, and further in view of Yadin et al. (US 11,360,330).
Silver, Mastrangelo and Aschwanden remains as applied to claim 1 above.
Silver, Mastrangelo and Aschwanden does not disclose at least one optical assembly comprises a first adjustable optical polarizer configured to adjust the polarization of light transmitted by the optical assembly, at least one of the optical assemblies comprises a second particularly adjustable optical polarizer, wherein the first and the second polarizer form the shutter, and the first polarizer is controlled by the control circuit particularly with an actuator arranged at the first polarizer for adjusting the polarization of the transmitted light, particularly wherein the data is configured to control the first polarizer via the control circuit.
Yadin teaches, from the same field of endeavor that in an eye training system that it would have been desirable to make at least one optical assembly comprises a first adjustable optical polarizer configured to adjust the polarization of light transmitted by the optical assembly (see 40A, B of Fig. 1A and associated text), at least one of the optical assemblies comprises a second particularly adjustable optical polarizer, wherein the first and the second polarizer form the shutter (see 40A, B of Fig. 1A and associated text), and the first polarizer is controlled by the control circuit particularly with an actuator arranged at the first polarizer for adjusting the polarization of the transmitted light, particularly wherein the data is configured to control the first polarizer via the control circuit (see 40A, B of Fig. 1A and associated text).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make at least one optical assembly comprises a first adjustable optical polarizer configured to adjust the polarization of light transmitted by the optical assembly, at least one of the optical assemblies comprises a second particularly adjustable optical polarizer, wherein the first and the second polarizer form the shutter, and the first polarizer is controlled by the control circuit particularly with an actuator arranged at the first polarizer for adjusting the polarization of the transmitted light, particularly wherein the data is configured to control the first polarizer via the control circuit as taught by the eye training system of Yadin in the combination of Silver, Mastrangelo and Aschwanden since Yadin teaches it is known to include these features in an eye training system for the purpose of providing an eye training system with improved optical quality and effective vision correction.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2015/0219929) in view of Mastrangelo et al. (US 2019/011612; already of record) in view of Aschwanden et al. (US 2016/0259094) as applied to claim 1 above, and further in view of Tate et al. (US 2015/0185503).
Silver, Mastrangelo and Aschwanden remains as applied to claim 1 above.
Silver, Mastrangelo and Aschwanden does not disclose the spectacles, particularly each optical assembly, comprise an imaging device such as a camera and/or an illumination source, arranged such on the spectacles that the imaging device can record an eye of a person wearing the spectacles.
Tate teaches, from the same field of endeavor that in an eye training system that it would have been desirable to make the spectacles, particularly each optical assembly, comprise an imaging device such as a camera and/or an illumination source, arranged such on the spectacles that the imaging device can record an eye of a person wearing the spectacles (Para. 0022, 0031 and 0057).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the spectacles, particularly each optical assembly, comprise an imaging device such as a camera and/or an illumination source, arranged such on the spectacles that the imaging device can record an eye of a person wearing the spectacles as taught by the eye training system of Tate in the combination of Silver, Mastrangelo and Aschwanden since Tate teaches it is known to include this feature in an eye training system for the purpose of providing an eye training system that effectively and accurately corrects vision.
Regarding claim 17, Silver, Mastrangelo, Aschwanden and Tate discloses and teaches as set forth above, and Tate further teaches, from the same field of endeavor that in an eye training system that it would have been desirable to make each focus-tunable lens comprises a prism for adjusting the light path of transmitted light through the respective optical assembly (Para. 0025, 0046 and see 140, 145 of Figs. 1A-B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the eye training system of Tate in the combination of Silver, Mastrangelo and Aschwanden since Tate teaches it is known to include this feature in an eye training system for the purpose of providing an eye training system that effectively and accurately corrects vision.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Silver (US 2015/0219929) in view of Mastrangelo et al. (US 2019/011612; already of record) in view of Aschwanden et al. (US 2016/0259094) as applied to claim 1 above, and further in view of Van Heugten et al. (US 2020/0331219).
Silver, Mastrangelo and Aschwanden remains as applied to claim 1 above.
Silver, Mastrangelo and Aschwanden does not disclose each optical assembly comprises a rigid corrective optical element, such as a lens, particularly a cylindrical lens.
Van Heugten teaches, from the same field of endeavor that in an eye training system that it would have been desirable to make each optical assembly comprises a rigid corrective optical element, such as a lens, particularly a cylindrical lens (Para. 0048 and see 132, 134 of Figs. 1A-D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make each optical assembly comprises a rigid corrective optical element, such as a lens, particularly a cylindrical lens as taught by the eye training system of Van Heugten in the combination of Silver, Mastrangelo and Aschwanden since Van Heugten teaches it is known to include this feature in an eye training system for the purpose of providing an eye training system with effective vision correction and a lens with improved optical quality.
Response to Arguments
Applicant’s arguments with respect to claims 1-8, 11, 14-15 and 17-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Batchko et al. (US 2013/0176628) discloses an eye training system with spectacles that it would have been desirable to make the membrane-based focus-tunable lens comprises: a first chamber filled with a first transparent liquid comprising a first mass density and a first refractive index; a second chamber filled with a second transparent liquid comprising a second mass density and a second refractive index; a transparent and elastically deformable first membrane that separates the two chambers from one another and contacts the first liquid and the second liquid, wherein said mass densities and said refractive indices are selected such that a gravity-induced coma aberration of the lens is reduced or prevented, wherein the external computer and/or the processor generates and transmits data to the optical assemblies, which data is capable of adjusting a focal length, and a cylinder and/or a prism, of at least one focus-adjustable lens.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 08/05/2026
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