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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/23/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 74-78, 80- 85, 87-93, 96-98, 100-112, and 115-117 have been considered but are moot because the new ground of rejection does not rely on any reference or interpretation 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 74-78, 85, 87, 88, 90, 91, and 117 are rejected under 35 U.S.C. 103 as being unpatentable over by Pletcher (US 2014/0098226, of record) in view of Biederman (US 8,764,185, of record) and Cheong (US 2017/0011210).
Regarding claim 74, Pletcher discloses a system for communicating with an ophthalmic device, (see Fig 1A), comprising: an ophthalmic device comprising: a body (see Fig 2A; Para [0020]; a contact lens 110 with body); an antenna coupled to the body (see Fig 2A; Para [0032]; transceiver can include an RF antenna) and a transmitter coupled to the body (see Fig 2E; Para [0025]; transceiver acts as the transmitter in the ophthalmic lens and is integrated in control circuit 290 of the body); and an aural computing system in communication with the ophthalmic device (see Fig 2E; Para [0018]; remote device that is in communications with ophthalmic device 120 may be headphones).
Pletcher does not disclose an antenna coupled to the body, the antenna comprising a printed conductive material disposed over a conductive layer; and the aural computing system comprising an accelerometer configured to detect a movement or an orientation of the user’s head, wherein: the aural computing system is configured to determine an activity of the user based on the movement or the orientation detected by the accelerometer. Pletcher and Biederman are related because both disclose ophthalmic devices.
Biederman discloses a system with an ophthalmic device (see Fig 2A) wherein the ophthalmic device comprising: an antenna coupled to the body, the antenna comprising a printed conductive material disposed over a conductive layer (see Fig 1; Col 6, line 31-Col 7, line 4; ophthalmic lens may comprise an antenna 164 coupled to the device comprising a conductive material deposited on a substrate 120 which may include a printed circuit board)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher with wherein the ophthalmic device comprising: an antenna coupled to the body, the antenna comprising a printed conductive material disposed over a conductive layer of Biederman for the purpose of implementing visual improvement while improving the ease of manufacture of the device (Col 6, line 31-Col 7, line 4).
Pletcher in view of Biederman does not disclose the aural computing system comprising an accelerometer configured to detect a movement or an orientation of the user’s head, wherein: the aural computing system is configured to determine an activity of the user based on the movement or the orientation detected by the accelerometer. Pletcher in view of Biederman and Cheong related because both disclose systems for communicating with electronic devices.
Cheong discloses a system for communicating with electronic devices including ophthalmic devices (see Fig 51) wherein an aural computing system comprising an accelerometer configured to detect a movement or an orientation of the user’s head (see Fig 51; Para [0442, 0454]; an electronic device 201 which may be headphones may contain an acceleration sensor 240E), wherein: the aural computing system is configured to determine an activity of the user based on the movement or the orientation detected by the accelerometer (see Fig 51; Para [0454]; an electronic device 201 which may be a headphone may detect body activity information).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Biederman with wherein the aural computing system comprising an accelerometer configured to detect a movement or an orientation of the user’s head, wherein: the aural computing system is configured to determine an activity of the user based on the movement or the orientation detected by the accelerometer of Cheong for the purpose of improving user experience through improved control of the electronic device (Para [0442]).
Regarding claim 75, Pletcher in view Biederman and Cheong discloses the system of claim 74. Pletcher further discloses (Pletcher: see Fig 1A) wherein the aural computing system comprises a wireless communication device in communication with the ophthalmic device (Pletcher: see Fig 1B; Para [0019]; remote device 120 comprises one or more transceivers communication with contact lenses 110).
Regarding claim 76, Pletcher in view Biederman and Cheong discloses the system of claim 75. Pletcher further discloses (Pletcher: see Fig 1A) wherein the ophthalmic device comprises a contact lens (Pletcher: see Fig 1A; Para [0016]; contact lenses 110 are used in the system 100).
Regarding claim 77, Pletcher in view Biederman and Cheong discloses the system of claim 76. Biederman further discloses (Biederman: see Fig 2A) wherein the contact lens further comprises an implantable lens (Biederman: see Fig 2A; Col 3, lines 19-37; lens may refer to an implantable medical lens).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher with wherein the contact lens further comprises an implantable lens of Biederman for the purpose of implementing visual improvement while improving the ease of manufacture of the device (Col 6, line 31-Col 7, line 4).
Regarding claim 78, Pletcher in view Biederman and Cheong discloses the system of claim 74. Pletcher further discloses (Pletcher: see Fig 1A) wherein the ophthalmic device comprises: an energy source in communication with the antenna (Pletcher: see Fig 2E; Para [0032]; power component 275 in communications with transceiver); a wireless transceiver in communication with the antenna (Pletcher: see Fig 2E; Para [0032]; transceiver 280 acts as wireless transmitter and receiver); and a sensor coupled to the body in communication with the wireless transceiver (Pletcher: see Fig 2A and 2E; Para [0020]; sensor 215 in communication with transceiver in control circuitry 290).
Regarding claim 85, Pletcher in view Biederman and Cheong discloses the system of claim 74. Pletcher further discloses (Pletcher: see Fig 1A) further comprising: a second ophthalmic device; wherein the aural computing system is configured to be communicate with the second ophthalmic device (Pletcher: see Fig 1B; Para [0019]; Remote device 120 configured to communication with a first and second contact lens either separately or together).
Regarding claim 87, Pletcher in view Biederman and Cheong discloses the system of claim 74, Pletcher further discloses (Pletcher: see Fig 1A), wherein the aural computing system comprises a wearable device (Pletcher: see Fig 2E; Para [0018]; remote device that is in communications with ophthalmic device 120 may be headphones) and the ophthalmic device comprises a contact lens configured to be worn by the user (Pletcher: see Fig 1A; Para [0016]; contact lenses 110 are used in the system 100).
Regarding claim 88, Pletcher in view Biederman and Cheong discloses the system of claim 87, Pletcher further discloses (Pletcher: see Fig 1A), wherein the wearable device comprises an ear piece (Pletcher: see Fig 2E; Para [0018]; remote device that is in communications with ophthalmic device 120 may be headphones which have ear pieces).
Regarding claim 90, Pletcher in view Biederman and Cheong discloses the system of claim 88, Pletcher further discloses (Pletcher: see Fig 1A), wherein the ear piece includes a focused transmitter configured to direct transmissions towards an eye of the user when the ear piece is worn on an ear of the user (Pletcher: see Fig 2E; Para [0019]; remote device that is in communications with ophthalmic device 120 transmits signals towards contact lenses from its transceiver, remote device can be headphones which are worn on an ear of a user).
Regarding claim 91, Pletcher in view Biederman and Cheong discloses the system of claim 88. Pletcher further discloses (Pletcher: see Fig 1A) wherein the ear piece comprises a focused receiver configured to receive transmissions from the ophthalmic device when the ear piece is worn on an ear of the user and when the ophthalmic device is positioned on an eye of the user (Pletcher: see Fig 2E; Para [0019]; remote device that is in communications with ophthalmic device 120 receives signals from the contact lenses through its transceiver; remote device can be headphones which are worn on an ear of a user; and contact lenses are worn on both eyes).
Regarding claim 117, Pletcher in view Biederman and Cheong discloses the system of claim 74 (Pletcher: see Fig 1A). Pletcher further discloses wherein the ophthalmic device further comprises a shape modification member configured to change at least one of a shape, a thickness, a geometry, or an optical characteristic of the ophthalmic device in response to the activity determined by the aural computing system (see Fig 1A; Para [0024]; lens may include a thin variable focus lens which may change refractive index with electrical input; Cheong discloses electric input signal caused by activity of aural system in Para [0595] and in step 1340 which discloses an external device being control by transmitted signal).
Claim 80 is rejected under 35 U.S.C. 103 as being unpatentable over Pletcher (US 2014/0098226, of record) in view of Biederman (US 8,764,185, of record) and Cheong (US 2017/0011210) as applied to claim 74 above, and further in view of Pugh (US 2014/0005514, of record).
Regarding claim 80, Pletcher in view Biederman and Cheong discloses the system of claim 74. Pletcher in view Biederman and Cheong does not disclose wherein the ophthalmic device further comprises an output device coupled with the body outside an optic zone of the body, the output device holding a substance to administer to a user when the user is wearing the ophthalmic device; the substance comprises at least one of a hydrating substance, a pain reliever, an anti- inflammatory, or an eye lash enhancer; and the aural computing system is configured to trigger the output device to administer the substance to an eye of the user in response to a received signal. Pletcher in view Biederman and Cheong and Pugh are related because both disclose systems for communicating with ophthalmic devices.
Pugh discloses a system for communicating with an ophthalmic device (see Fig 5) wherein the ophthalmic device further comprises an output device coupled with the body outside an optic zone of the body (see Fig 5; Para [0103]; output device 502 located outside a central optic zone of the lens), the output device holding a substance to administer to a user when the user is wearing the ophthalmic device (see Fig 5; Para [0103]; at 502 a reservoir comprising a pumping mechanism to release substance); the substance comprises at least one of a hydrating substance, a pain reliever, an anti- inflammatory, or an eye lash enhancer (see Fig 5; Para [0101]; anti-inflammatory agents may be delivered by the lens); and the aural computing system is configured to trigger the output device to administer the substance to an eye of the user in response to a received signal (see Fig 6; Para [0105]; a device may trigger administering substance into an eye; Cheong discloses aural computing system triggering output in Para [0595] and in step 1340 which discloses an external device being control by transmitted signal)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher with wherein the ophthalmic device further comprises an output device coupled with the body outside an optic zone of the body, the output device holding a substance to administer to a user when the user is wearing the ophthalmic device; the substance comprises at least one of a hydrating substance, a pain reliever, an anti- inflammatory, or an eye lash enhancer; and the aural computing system is configured to trigger the output device to administer the substance to an eye of the user in response to a received signal of Pugh for the purpose of controlling wound healing optimization of an eye (Para [0001]).
Claims 81, 82, 83 and 84 are rejected under 35 U.S.C. 103 as being unpatentable over Pletcher (US 2014/0098226, of record) in view of Biederman (US 8,764,185, of record) and Cheong (US 2017/0011210) as applied to claim 78 above, and further in view of Pugh R. (US 2014/0240656, of record).
Regarding claim 81, Pletcher in view of Biederman, and Cheong discloses the system of claim 78. Pletcher in view of Biederman, and Cheong does not disclose further comprising a user communication device coupled to the body of the ophthalmic device, the user communication device being configured to change a field of view of a user via a modification of the ophthalmic device. Pletcher in view of Biederman, and Cheong and Pugh R. are related because both disclose electronic contact lens systems.
Pugh R. discloses an electronic contact lens system (see Fig 14) the ophthalmic device being configured to change a field of view of a user via a modification of the ophthalmic device (see Fig 14; Para [0099]; a communication module 1404 that includes a transceiver is coupled to a lens configured to change a variable power optic).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Biederman, and Cheong with further comprising a user communication device coupled to the body of the ophthalmic device, the user communication device being configured to change a field of view of a user via a modification of the ophthalmic device of Pugh R. for the purpose of improving a user’s vision by providing correction to vison defects and improving a user’s visual field (Para [0005])
Regarding claim 82, Pletcher in view of Biederman, Cheong and Pugh R. discloses the system of claim 81. Pugh R. further discloses (Pugh R.: see Fig 14), wherein the aural computing system is configured to trigger the ophthalmic device to change an optical characteristic of the ophthalmic device (Pugh R.: see Fig 14; Para [0099]; the module 1404 coupled to a lens is configured to change an accommodation via actuation of variable power lens may be controlled by external device; Pletcher discloses the device to be an aural, headphones, device).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Pugh and Biederman with wherein the aural computing system is configured to trigger the user communication device to change an optical characteristic of the ophthalmic device of Pugh R. for the purpose of improving a user’s vision by providing correction to vison defects and improving a user’s visual field (Para [0005])
Regarding claim 83, Pletcher in view of Biederman, Cheong and Pugh R. discloses the system of claim 82. Biederman further discloses (Biederman: see Fig 2A) wherein the visual communication in the field of vision of the user comprises displaying a message to the user (Biederman: see Fig 2D; Col 13, lines 34-55; Col 15, lines 42-51; the light source 262 propagates light through the pupil of the eye thus is can be said to be in a field of view of the user; light sources display light indicating glucose reading).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher with wherein the visual communication in the field of vision of the user comprises displaying a message to the user of Biederman for the purpose of implementing visual improvement while improving the ease of manufacture of the device (Col 6, line 31-Col 7, line 4)
Regarding claim 84, Pletcher in view of Biederman, Cheong and Pugh R. discloses the system of claim 82. Pugh R. further discloses (Pugh R.: see Fig 14) wherein changing the optical characteristics comprises changing a prescription of a contact lens based on a detected usage (Pugh R.: see Fig 14; Para [0099]; a lens is configured to change an optical power from a far distance state to a near distance state to aid in reading).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Biederman, and Cheong with wherein changing the optical characteristics comprises changing a prescription of a contact lens based on a detected usage of Pugh R. for the purpose of improving a user’s vision by providing correction to vison defects and improving a user’s visual field (Para [0005])
Claim 89 is rejected under 35 U.S.C. 103 as being unpatentable over Pletcher (US 2014/0098226, of record) in view of Biederman (US 8,764,185, of record) and Cheong (US 2017/0011210) as applied to claim 88 above, and further in view of Yeager (2015/0363614, of record)
Regarding claim 89, Pletcher in view of Biederman and Cheong discloses the system of claim 88, as best understood. Pletcher in view of Biederman and Cheong does not disclose wherein the ear piece includes a predetermined broadcast range of less than six inches. Pletcher in view of Biederman and Cheong and Yeager are related because both disclose electronic contact lens systems.
Yeager discloses an electronic contact lens system (see Fig 1) wherein the ear piece includes a predetermined broadcast range of less than six inches (see Fig 1; Para [0087]; reader can have distance of 1 foot or less)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Biederman and Cheong with wherein the ear piece includes a predetermined broadcast range of less than six inches of Yeager for the purpose of improving the amount of power received by the device while retaining a small footprint (Para [0002])
Claims 92-97 are rejected under 35 U.S.C. 103 as being unpatentable over Honoré (US 2017/0097524, of record) in view of Haddock (2017/0189170, of record), Irazoqui (US 2019/0344076, of record), and Abreu (US 2015/0202417)
Regarding claim 92, Honoré discloses a method of alerting a user (see Fig 3), comprising: receiving information with an ear piece from an ophthalmic device worn by the user (see Fig 3; Para [0094-0096]; headphones used as reader that receives data from ophthalmic lens 210); analyzing the information from the ophthalmic device; and transmitting a message to the ophthalmic device regarding the analyzed information (see Fig 3; Para [0101-0102, 0106]; reader 180 analyzes data from lens and transmits messages to lens regarding data); transmitting a signal to the ophthalmic device to alter tracking of an ocular indicator based on the message (see Fig 4A; Para [0091]; a signal may be transmitted to electrochemical sensor 430 to operate measurements).
Honoré does not disclose generating additional information with a sensor of the ear piece; analyzing the information from the ophthalmic device and the additional information from the ear piece; transmitting a message to the ophthalmic device regarding the analyzed information and the additional information via an antenna encapsulated within the ophthalmic device, the antenna comprising a coil structure having a thickness of from about 0.1 micrometer to about 20 micrometers; requesting permission from the user for administering a substance; and administering the substance to the user, the substance including at least one of a hydrating substance, a pain reliever, an anti-inflammatory, or an eye lash enhancer. Honoré in view of Haddock are related because both discloses methods of using contact lenses.
Haddock discloses a method of using a contact lens (see Fig 2B) comprising generating additional information with a sensor of the ear piece (see Fig 2B; Para [0052]; an accelerometer in the external device 600 may generate additional data); analyzing the information from the ophthalmic device and the additional information from the ear piece (see Fig 2B; Para [0045-0049, 0052]; controller determines actions based on accommodation logic which uses data from sensors that may include accelerometer data; accelerometer may be part of external device 600 as seen in Para [0052]); transmitting a message to the ophthalmic device regarding the analyzed information and the additional information via an antenna encapsulated within the ophthalmic device (see Fig 5; Para [0049]; external reader 505 may send information/messages to ocular device 510 from process data from the reader 505; Honoré discloses an antenna encapsulated within the lens).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Honoré with generating additional information with a sensor of the ear piece; analyzing the information from the ophthalmic device and the additional information from the ear piece; transmitting a message to the ophthalmic device regarding the analyzed information and the additional information; and displaying an alert to the user through the ophthalmic device based on the message, the alert comprising flashing a light or a color in the field of vision of the user of Haddock for the purpose of incorporating additional functionality to a lens while keeping size and cost low (Para [0006])
Honoré in view of Haddock does not disclose the antenna comprising a coil structure having a thickness of from about 0.1 micrometer to about 20 micrometers; and requesting permission from the user for administering a substance; and administering the substance to the user, the substance including at least one of a hydrating substance, a pain reliever, an anti-inflammatory, or an eye lash enhancer. Honoré in view of Haddock and Irazoqui are related because both disclose methods using ophthalmic lens systems.
Irazoqui discloses a method of using an ophthalmic lens system (see Fig 15) wherein the antenna comprising a coil structure having a thickness of from about 0.1 micrometer to about 20 micrometers (see Fig 15; Para [0147]; the conductive coil may be a thickness of 1000nm or 1 micrometer)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Honoré in view of Haddock with wherein the antenna comprising a coil structure having a thickness of from about 0.1 micrometer to about 20 micrometers of Irazoqui for the purpose of minimizing the size of the device to improve a user comfort (Para [0147]).
Honoré in view of Haddock and Irazoqui does not disclose requesting permission from the user for administering a substance; and administering the substance to the user, the substance including at least one of a hydrating substance, a pain reliever, an anti-inflammatory, or an eye lash enhancer. Honoré in view of Haddock and Irazoqui and Abreu are related because both disclose systems using ophthalmic devices.
Abreu discloses a system using an ophthalmic device (see Fig 100) requesting permission from the user for administering a substance (see Figs 90 and 100; Para [0162, 0274, 0304]; authorization may be presented for administering of a substance); and administering the substance to the user, the substance including at least one of a hydrating substance, a pain reliever, an anti-inflammatory, or an eye lash enhancer (see Figs 90 and 100; Para [0162]; the therapeutic agent may be an anti-inflammatory such as ibuprofen).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Honoré in view of Haddock and Irazoqui with requesting permission from the user for administering a substance; and administering the substance to the user, the substance including at least one of a hydrating substance, a pain reliever, an anti-inflammatory, or an eye lash enhancer of Abreu for the purpose of securing and achieving proper administration of a drug by a patient (Para [0273-0274]).
Regarding claim 93, Honoré in view of Haddock, Irazoqui and Abreu discloses the method of claim 92. Honoré further discloses (Honoré: see Fig 3) wherein analyzing the information comprises determining if a predetermined threshold is satisfied, the method further comprises alerting the user when the predetermined threshold is satisfied (Honoré: see Fig 3; Para [0109]; display device connected to when glucose data passes threshold).
Regarding claim 96, Honoré in view of Haddock, Irazoqui and Abreu discloses the method of claim 92. Haddock further discloses (Haddock: see Fig 5), further comprising triggering a change of a prescription strength of the ophthalmic device (Haddock: see Fig 5; Para [0045]; accommodation logic includes logic for determining and operating a smart lens power control functionality)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Honoré with further comprising triggering a change of a prescription strength of the ophthalmic device of Haddock for the purpose of incorporating additional functionality to a lens while keeping size and cost low (Para [0006])
Regarding claim 97, Honoré in view of Haddock, Irazoqui and Abreu discloses the method of claim 92. Honoré further discloses (Honoré: see Fig 3) further comprising: receiving a safety alert; and transmitting the safety alert to a remote device associated with the user (Honoré: see Fig 3; Para [0109]; a safety alert can be received by a wearer 100; an insulin pump may be triggered due to the safety alert).
Claims 98, 100, and 101 are rejected under 35 U.S.C. 103 as being unpatentable over Haddock (2017/0189170, of record) in view of Cheong (US 2017/0011210), and Biederman W. (US 10,201,297, of record).
Regarding claim 98, Haddock discloses a method of changing an ophthalmic device (see Fig 5), comprising: receiving information sent, from the ophthalmic device from a wireless receiver disposed in the ophthalmic device worn by a user (see Fig 5; Para [0046]; transmitter/receiver 540 on the optical device receives information from external reader); detecting a movement of the user’s head using the wireless receiver (see Fig 6; Para [0052]; external device 600 may output a signal in response to movement such as shaking device mention in Para [0050] can be integrated on or near a head of the user; signal may be communicated with ophthalmic device); prompting a change of an optical characteristic of the ophthalmic device based on determined activity of the user (see Fig 5 and 6; Para [0045-0048, 0052]; accelerometer configured to detect movement and output a signal; signals sent by external device and received by ophthalmic device may control accommodation of the lens).
Haddock does not disclose wherein the information comprises an eye dryness level or an eye strain level; determining an activity of the user based on the detected movement of the user’s head; and prompting a sensor of the ophthalmic device to track an ocular indicator based on the determined activity of the user. Haddock and Cheong are related because both disclose methods of using ophthalmic lenses.
Cheong discloses a method of using ophthalmic lens (see Fig 51) comprising: determining an activity of the user based on the detected movement of the user’s head (see Fig 51; Para [0654]; motion sensor may be used to determine a user activity); and prompting a sensor of the ophthalmic to track an ocular indicator based on the determined activity of the user (see Fig 57; Para [0501, 0658]; a bio sensor may initiate operation of obtaining bio information depending on activity of a user)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Haddock with determining an activity of the user based on the detected movement of the user’s head; and prompting a sensor of the ophthalmic device to track an ocular indicator based on the determined activity of the user of Cheong for the purpose of providing for enhanced accuracy of activity determination (Para [0655]).
Haddock in view of Cheong does not disclose wherein the information comprises an eye dryness level or an eye strain level. Haddock in view of Cheong and Biederman W. are related because both disclose methods of using ophthalmic devices.
Biederman W. discloses a method of using an ophthalmic device (see Fig 1) wherein the information comprises an eye dryness level or an eye strain level (see Fig 1; Col 3, lines 29-42; capacitance sensor capable of measuring eye dryness level)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Haddock in view of Cheong with wherein the information comprises an eye dryness level or an eye strain level of Biederman W. for the purpose of improving a patient’s comfort through proper monitoring of a patient physiological properties (Col 3, lines 29-42).
Regarding claim 100, Haddock in view of Cheong and Biederman W. discloses the method of claim 98 (Haddock: see Fig 5), wherein prompting a change of an optical characteristic of the ophthalmic device, further comprises prompting a change of a prescription strength of the ophthalmic device (Haddock: see Fig 5 and 6; Para [0045-0048, 0052]; accelerometer configured to detect movement and output a signal; signals received by ophthalmic device may control accommodation of the lens).
Regarding claim 101, Haddock in view of Cheong and Biederman W. discloses the method of claim 98 (Haddock: see Fig 5), further comprising: requesting information from the ophthalmic device; analyzing the information from the ophthalmic device; and prompting a change of an optical characteristic of the ophthalmic device based on the analyzing of information from the ophthalmic device (Haddock: see Fig 5; Para [0045-0046]; feedback signal from sensor system is gathered by controller 525; a current gaze direction is determined; and an accommodation is implemented in real-time based on feedback).
Claims 102-105 and 107-110 are rejected under 35 U.S.C. 103 as being unpatentable over Flitsch (US 2016/0056446, of record) in view of Pletcher (US 2014/0098226, of record) and Biederman (US 8,764,185, of record).
Regarding claim 102, Flitsch discloses a contact lens system (see Fig 1A) comprising: a first contact lens including: a first body (see Fig 1A; Para [0009]; a first contact lens includes a substrate or body); a first sensor located in the first body of the first contact lens (see Fig 1A; Para [0060, 0066]; a sensor may be located in the lens body; inductive coil included may act as RF sensor); and a first energy source printed on a first surface of the first contract lens, the first energy source comprising a first graphene printed battery(see Fig 1A; Para [0170-0172]; battery formed on a contact surface may be made of carbon including a graphene which may be printed onto surface; a radio-frequency fob that receives wireless energy may be fabricated on the 3d surface), the first energy source being configured to be charged by the first sensor (see Fig 1A; Para [0066]; inductive coil may act as RF sensor and charge device).
Flitsch does not disclose wherein the first sensor detects a first indicator of at least one of a health condition, a lens fit, or a biometric data related to a first eye; a first antenna comprising a conductive material printed in a coil structure onto the first body of the first contact lens; and a second contact lens including; a second body; a second sensor located in the body of the second contact lens, wherein the sensor detects a second indicator of at least one of a health condition, a lens fit, or a biometric data related to a second eye, and wherein the second indicator detected by the second sensor is a different type from the first indicator detected by the first sensor; and a second energy source printed on a second surface of the second contact lens, the second energy source comprising a graphene printed battery; and a wearable wireless receiver in communication with the first contact lens and the second contact lens. Flitsch and Pletcher are related because both disclose optical contact lenses.
Pletcher discloses an optical contact lens (see Fig 2C) comprising a first lens wherein the sensor detects a first indicator of at least one of a health condition, a lens fit, or a biometric data related to the eye (see Fig 2C; Para [0032]; sensor 215 may be an electromechanical, electrochemical, or temperature sensor to read data from an eye); a second contact lens including; a second body (see Fig 2C; Para [0022]; a left and a right contact lens may be used both contain bodies as see in Fig 2C); a second sensor located in the body of the second contact lens, wherein the sensor detects a second indicator of at least one of a health condition, a lens fit, or a biometric data related to a second eye, and wherein the second indicator detected by the second sensor is a different type from the first indicator detected by the first sensor (see Fig 2C; Para [0020]; sensor 215 may be an electromechanical, electrochemical, or temperature sensor to read data from an eye and placed in both lenses; sensor may be different and employed with either lens); and a second energy source printed on a second surface of the second contact lens, the second energy source comprising a second graphene printed battery (see Fig 2E; Para[0032]; both contact lenses have power component 275 which is disposed on a surface of the second contact lens as seen in Fig 2C; Flitsch discloses the printed battery comprising a graphene printed battery see Fig 1A; Para [0170-0172]); and a wearable wireless receiver in communication with the first contact lens and the second contact lens (see Fig 2E; Para [0025]; transceivers 280 on both contact lenses send and receive signals).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the first sensor detects a first indicator of at least one of a health condition, a lens fit, or a biometric data related to a first eye; and a second contact lens including; a second body; a second sensor located in the body of the second contact lens, wherein the sensor detects a second indicator of at least one of a health condition, a lens fit, or a biometric data related to a second eye, and wherein the second indicator detected by the second sensor is a different type from the first indicator detected by the first sensor; and a second energy source printed on a second surface of the second contact lens, the second energy source comprising a graphene printed battery; and a wearable wireless receiver in communication with the first contact lens and the second contact lens of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Flitsch in view of Pletcher does not disclose an antenna comprising conductive material printed in a coil structure onto the body of the first contact lens.
Flitsch in view of Pletcher and Biederman are related because both disclose ophthalmic devices.
Biederman discloses a system with an ophthalmic device (see Fig 2A) comprising an antenna comprising conductive material printed in a coil structure onto the body of the first contact lens (see Fig 2A; Col 13, line 34-Col 14, line 9; ophthalmic lens may comprise a loop antenna 264 coupled to the device comprising a conductive material deposited on a substrate 220 in a loop/coil structure on the body of the first lens).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Pugh with wherein the ophthalmic device comprising: an antenna coupled to the body, the antenna comprising a printed conductive material disposed over a conductive layer of Biederman for the purpose of implementing visual improvement while improving the ease of manufacture of the device (Col 6, line 31-Col 7, line 4)
Regarding claim 103, Flitsch in view of Pletcher and Biederman discloses the contact lens system (Pletcher: see Fig 2C) of claim 102. Pletcher further discloses wherein the wearable wireless receiver comprises an ear piece (Pletcher: see Fig 2A; Para [0018]; wearable device may include headphones).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the wearable wireless receiver comprises an ear piece of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 104, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 103. Pletcher further discloses (Pletcher: see Fig 1B) wherein the first contact lens further comprises a directional transmitter located in the body of the first contact lens (Pletcher: see Fig 2E; Para [0025]; transceiver 280 transmits signals from the body of the contact lens to the remote device).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the first contact lens further comprises a directional transmitter located in the body of the first contact lens of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 105, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 104. (Pletcher: see Fig 1B) Pletcher further discloses wherein the ear piece further comprises a directional receiver directed towards the contact lens (Pletcher: see Fig 1B; Para [0018-0019]; remote device which comprises headphones has one or more transceivers to transmit and receive signals from contact lens).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the ear piece further comprises a directional receiver directed towards the contact lens of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 107, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 105. Pletcher further discloses (Pletcher: see Fig 1B), further comprising: a processor module located in the body of the first contact lens in communication with the at least one sensor; and an antenna located in the body of the first contact lens in communication with the at least one sensor (Pletcher: see Fig 2A and 2E; Para [0020]; control circuitry 290 is in electrical communication with sensor 215 and transceiver, that includes an RF antenna, is in electrical communication with sensor 215).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with further comprising: a processor module located in the body of the first contact lens in communication with the at least one sensor; and an antenna located in the body of the first contact lens in communication with the at least one sensor of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 108, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 107. Pletcher further discloses (Pletcher: see Fig 1B), wherein the antenna is in communication with the energy source (Pletcher: see Fig 1B; Para [0032]; Power component 275 may include battery and is in electrical communication with transceiver 280).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the antenna is in communication with the energy source of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 109, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 107. Pletcher further discloses (Pletcher: see Fig 1B), wherein the contact lens is configured to transmit raw data to the wireless receiver (Pletcher: see Fig 3B; Para [0030]; raw data can be transmitted to the remote device via transceivers).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the contact lens is configured to transmit raw data to the wireless receiver of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Regarding claim 110, Flitsch in view of Pletcher and Biederman discloses the contact lens system (Pletcher: Fig 1B) of claim 102. Pletcher further discloses wherein the wireless receiver comprises an ear piece and the contact lens transmits information to the ear piece (Pletcher: see Fig 1B; Para [0016-0019]; remote device may comprise headphones and are in communication with contact lenses).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch with wherein the wireless receiver comprises an ear piece and the contact lens transmits information to the ear piece of Pletcher for the purpose of providing increased computational power through use of an external device (Para [0016]).
Claim 106 is rejected under 35 U.S.C. 103 as being unpatentable over Flitsch (US 2016/0056446, of record) in view of Pletcher (US 2014/0098226, of record) and Biederman (US 8,764,185, of record) as applied to claim 105, above and further in view of Yeager (2015/0363614, of record).
Regarding claim 106, Flitsch in view of Pletcher and Biederman discloses the contact lens system of claim 105. Flitsch in view of Pletcher does not disclose wherein the antenna has a broadcast range of six inches or less. Flitsch in view of Pletcher and Biederman and Yeager are related because both disclose electronic contact lens systems.
Yeager discloses wherein the antenna (see Fig 1) has a broadcast range of six inches or less (see Fig 1; Para [0087]; reader can have distance of 1 foot or less).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Flitsch in view of Pletcher and Biederman with wherein the antenna has a broadcast range of six inches or less of Yeager for the purpose of improving the amount of power received by the device while retaining a small footprint (Para [0002])
Claims 111-112, and 115-116 are rejected under 35 U.S.C. 103 as being unpatentable over Pletcher (US 2014/0098226, of record) in view of Cheong (US 2017/0011210), Honoré (US 2017/0097524, of record) and Biederman W. (US 10,201,297, of record).
Regarding claim 111, Pletcher discloses an ear piece (see Fig 1 B; Para [0018]; headphones), comprising: a speaker configured to generate an audible sound based on information sent from contact lens (Para [ 0018]; headphones generate audible sound); a transmitter in communication with the contact lens (see Fig 2E; Para [0025]; transceiver acts as the transmitter in the ophthalmic lens).
Pletcher does not disclose wherein the information comprises one or more of an intraocular pressure of an eye of a user, an eye dryness level, or an eye strain level; an accelerometer configured to detect movement of the ear piece, wherein: the ear piece is configured to determine an activity of the user based on the movement detected by the accelerometer; the transmitter is configured to transmit a signal to alter an optical characteristic of the contact lens based on the activity determined by the ear piece; and the transmitter is configured to transmit a signal to alter a tracking of an ocular indicator by a sensor of the contract lens based on the activity determined by the ear piece. Pletcher and Cheong are related because both disclose electronic systems that may use contact lens.
Cheong discloses an electronic system that may use contact lens (see Fig 51) disclose an accelerometer configured to detect movement of the ear piece (see Fig 51; Para [0654]; electronic device which may include a headphones may contain accelerometer to detect movement of a user), wherein: the ear piece is configured to determine an activity of the user based on the movement detected by the accelerometer (see Fig 51; Para [0654]; headphones may be used to determined activity based on movement detected by sensors such as acceleration sensor); the transmitter is configured to transmit a signal to alter an optical characteristic of the contact lens based on the movement detected by the accelerometer (see Fig 51; Para [0595]; in step 1340 a transmitted signal may control an external device which may be the contact lens; Pletcher discloses a variable focus contact lens in Para [0024] which changes based on electrical signal).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher with an accelerometer configured to detect movement of the ear piece, wherein: the ear piece is configured to determine an activity of the user based on the movement detected by the accelerometer; the transmitter is configured to transmit a signal to alter an optical characteristic of the contact lens based on the movement detected by the accelerometer of Cheong for the purpose of improving user experience through improved control of the electronic device (Para [0442]).
Pletcher in view of Cheong fails to disclose wherein the information comprises one or more of an intraocular pressure of an eye of a user, an eye dryness level, or an eye strain level; and the transmitter is configured to transmit a signal to alter a tracking of an ocular indicator by a sensor of the contract lens based on the movement detected by the accelerometer. Pletcher in view of Cheong and Honoré are related because both disclose electronic contact lens systems.
Honoré discloses an ophthalmic lens (see Fig 3) the transmitter is configured to transmit a signal to alter a tracking of an ocular indicator by a sensor of the contract lens based on the activity determined by the ear piece (see Fig 4A; Para [0090-0093]; Honoré discloses a sensor capable of measuring an analyte based on a transmitted signal; Cheong discloses transmitting a signal based on the detected activity of the movement of a user’s head from an accelerometer)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Cheong with the transmitter is configured to transmit a signal to alter a tracking of an ocular indicator by a sensor of the contract lens based on the movement detected by the accelerometer of Honoré for the purpose of allowing for increased control to the device by a user (Para [0090-0094]).
Pletcher in view of Cheong and Honoré does not disclose wherein the information comprises one or more of an intraocular pressure of an eye of a user, an eye dryness level, or an eye strain level. Pletcher in view of Cheong and Honoré and Biederman W. are related because both disclose systems with ophthalmic devices.
Biederman W. discloses a system with an ophthalmic device (see Fig 1) wherein the information comprises one or more of an intraocular pressure of an eye of a user, an eye dryness level or an eye strain level (see Fig 1; Col 3, lines 29-42; capacitance sensor capable of measuring eye dryness level).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Pletcher in view of Cheong and Honoré with wherein the information comprises an eye dryness level or an eye strain level of Biederman W. for the purpose of improving the patient’s comfort through proper monitoring of a patient physiological properties (Col 3, lines 29-42).
Regarding claim 112, Pletcher in view of Cheong, Honoré, and Biederman W. discloses the ear piece of claim 111. Pletcher further discloses (Pletcher: see Fig 1B) wherein the transmitter includes a directional receiver that receives signals from the direction of an eye of a user when the ear piece is mounted to the user's ear (Pletcher: see Fig 2E; Para [0032]; transceiver 280 acts as wireless transmitter and receiver; headphones mounted on ears).
Regarding claim 115, Pletcher in view of Cheong, Honoré, and Biederman W. discloses the ear piece of claim 111. Pletcher further discloses (Pletcher: see Fig 1B), further comprising a processor configured to interpret a signal from a contact lens, wherein the processor is configured to send instructions to the contact lens in response to an interpretation of a signal from the contact lens (Pletcher: see Fig 2A and 2E; Para [0020]; control circuitry 290 is in electrical communication with sensor 215 and transceiver, that includes an RF antenna, is in electrical communication with sensor 215).
Regarding claim 116, Pletcher in view of Cheong, Honoré, and Biederman W. discloses the ear piece of claim 115. Pletcher further discloses (Pletcher: see Fig 1B), wherein the processor is configured to send the information from the contact lens to a remote device (Pletcher: see Fig 1B; Para [0025]; processor 290 sends info from the contact lens to a remote device).
Conclusion
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872