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 .
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed 30 December 2025 wherein Claims 1, 8, 9, and 10 are amended, Claim 11 is previously cancelled, and no new claims have been added.
The Applicant’s amendments to the Claims has overcome each Claim Objection set forth in the Non-Final Rejection dated 1 October 2025 (hereinafter referred to as the “Non-Final Rejection”). Therefore, each Claim Objection set forth in the Non-Final Rejection is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 7 – 8, filed 30 December 2025, with respect to the rejection(s) of independent claim(s) 1, 8, 9, and 10 and their respective dependent claims under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Friedman et al. (US 2016/0310758 A1) and Rogers (US 2007/0288071 A1).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 – 2, 8 – 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman et al. (US 2016/0310758 A1 hereinafter referred to as “Friedman”) and Rogers (US 2007/0288071 A1).
Friedman is cited in the Notice of References Cited form dated November 21, 2024.
With regards to claim 1, Friedman discloses (Fig. 4) a non-invasive cornea and sclera strengthening system (200) (see [0049] “photoactivation device 200 that is configured to activate a photosensitizer, such as riboflavin, that has been applied to eye tissue according to an antimicrobial treatment”) adapted to:
irradiate violet light toward an eye, without ablating a corneal epithelium of the eye(see [0037], [0044], and [0077]); and
administer an administration agent, to elicit crosslinking of collagen fibers constituting corneal tissue or scleral tissue of the eye (see [0037] “other approaches avoid epithelial debridement,” [0044] “When photosensitizers (e.g., riboflavin) are applied to the cornea, the subsequent application of photoactivating light (e.g., UVA light) may result in cross-linking activity,” and [0077] “It is understood, however, that alternative embodiments may call for cross-linking activity (to modify biomechanical properties) in addition to antimicrobial treatment. As such, the model based on the photochemical kinetic reactions allows these alternative embodiments to generate ROS and/or other radicals for the desired antimicrobial effect and desired cross-linking activity”),
wherein the non-invasive cornea and sclera strengthening system is further adapted to
irradiate the violet light onto a surface of the eye within a range of 0.1 to 1 mW/cm2, inclusive (see [0052] “The number of photoactivating light sources 204 may be limited to the number required to provide the desired low dose of photoactivating light, e.g., delivered at an irradiance of approximately 0.3 mW/cm2”).
However, Friedman is silent with regards to the system being adapted to:
irradiate violet light in wavelengths within a range of 360 nm to 400 nm, inclusive, and
irradiate the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless, a second embodiment of Friedman further teaches (Figs. 1a – 1b) wherein the system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive (see [0023] “The photoactivating light sources 106 may be light emitting diodes (LED's) that can emit selected wavelengths of light, e.g., 365 nm, 450 nm, etc.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the wavelength that the system of Friedman is capable of providing in view of a teaching of the second embodiment of Friedman such that the system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive. One of ordinary skill in the art would have been motivated to make this modification, as Friedman teaches that this specific wavelength achieves the desired photochemical kinetic reactions, antimicrobial effects, and cross-linking (see [0023] and [0077] of Friedman).
Neither embodiment of Friedman teaches that the system is adapted to:
irradiate the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless Rogers, which is within the analogous art of continuous low irradiance photodynamic therapy systems and methods (see abstract and title), teaches irradiating the violet light within a range of three to five hours, inclusive, per day (see [0008], [0024] “In order to achieve the desired light fluence in the target tissue, the applicator is preferably applied in dosages of greater than about one hour, greater than about four hours, greater than about 12 hours, or greater than or equal to about 24 hours,” and [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the time of irradiation of the system of Friedman in view of a teaching of Roger such that the system irradiates the violet light onto the eye within a range of three to five hours, inclusive, per day. One of ordinary skill in the art would have been motivated to make this modification because Rogers teaches that low irradiance treatment generally provides a treatment level that is sufficient to initiate a photodynamic effect, which can then be continued over a desired period of time to achieve the desired treatment level in the target tissue, without causing damage to the surrounding tissue (see [0024] of Rogers). Here, the irradiance duration can be tailored such that it is about four hours long in order to reach the desired treatment level in the target tissue to initiate the photodynamic effect.
The system of Friedman modified in view of a teaching of Roger will hereinafter be referred to as the system of Friedman and Roger.
With regards to claim 2, the system of Friedman and Roger teaches the claimed invention of claim 1, and Friedman further teaches (Fig. 4) wherein the non-invasive cornea and sclera strengthening system (200) comprises a facially-oriented type device (see [0051] “the photoactivation device 200 in FIG. 4 resembles a pair of eyeglasses”) that is adapted to irradiate the violet light in a direction of the eye (see [0055]), and wherein the facially-oriented type device comprises one or more devices from among eyeglasses (see [0051] “the photoactivation device 200 in FIG. 4 resembles a pair of eyeglasses”) with a light source (204) (see [0055] “light sources 204”), a liquid crystal display with a light source, a desk lamp, a handy light source, a table-top installed-type light source, a personal computer mounted-type light source, and a mobile terminal mounted-type light source.
With regards to claim 8, Friedman discloses (Fig. 4) a non-invasive cornea and sclera strengthening system (200) (see [0049] “photoactivation device 200 that is configured to activate a photosensitizer, such as riboflavin, that has been applied to eye tissue according to an antimicrobial treatment”) adapted to irradiate violet light toward an eye without ablating a corneal epithelium to strengthen a tissue of a cornea or a sclera, at a timing after administration of an administration agent, used for strengthening the tissue of the cornea or the sclera, to the eye (see [0037] “other approaches avoid epithelial debridement,” [0044] “When photosensitizers (e.g., riboflavin) are applied to the cornea, the subsequent application of photoactivating light (e.g., UVA light) may result in cross-linking activity,” and [0077] “It is understood, however, that alternative embodiments may call for cross-linking activity (to modify biomechanical properties) in addition to antimicrobial treatment. As such, the model based on the photochemical kinetic reactions allows these alternative embodiments to generate ROS and/or other radicals for the desired antimicrobial effect and desired cross-linking activity”),
wherein the non-invasive cornea and sclera strengthening system is adapted to irradiate the violet light onto a surface of the eye within a range of 0.1 to 1 mW/cm2, inclusive (see [0052] “The number of photoactivating light sources 204 may be limited to the number required to provide the desired low dose of photoactivating light, e.g., delivered at an irradiance of approximately 0.3 mW/cm2”).
Friedman is silent with regards to the non-invasive cornea and sclera strengthening system being adapted to
irradiate violet light in wavelengths within a range of 360 nm to 400 nm, inclusive; and
irradiate the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless, a second embodiment of Friedman further teaches (Figs. 1a – 1b) wherein the system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive (see [0023] “The photoactivating light sources 106 may be light emitting diodes (LED's) that can emit selected wavelengths of light, e.g., 365 nm, 450 nm, etc.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the wavelength that the system of Friedman is capable of providing in view of a teaching of the second embodiment of Friedman such that the system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive. One of ordinary skill in the art would have been motivated to make this modification, as Friedman teaches that this specific wavelength achieves the desired photochemical kinetic reactions, antimicrobial effects, and cross-linking (see [0023] and [0077] of Friedman).
Neither embodiment of Friedman teaches that the system:
irradiates the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless Rogers, which is within the analogous art of continuous low irradiance photodynamic therapy systems and methods (see abstract and title), teaches irradiating the violet light within a range of three to five hours, inclusive, per day (see [0008], [0024] “In order to achieve the desired light fluence in the target tissue, the applicator is preferably applied in dosages of greater than about one hour, greater than about four hours, greater than about 12 hours, or greater than or equal to about 24 hours,” and [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the time of irradiation of the system of Friedman in view of a teaching of Roger such that the system irradiates the violet light onto the eye within a range of three to five hours, inclusive, per day. One of ordinary skill in the art would have been motivated to make this modification because Rogers teaches that low irradiance treatment generally provides a treatment level that is sufficient to initiate a photodynamic effect, which can then be continued over a desired period of time to achieve the desired treatment level in the target tissue, without causing damage to the surrounding tissue (see [0024] of Rogers). Here, the irradiance duration can be tailored such that it is about four hours long in order to reach the desired treatment level in the target tissue to initiate the photodynamic effect.
With regards to claim 9, Friedman discloses (Fig. 4) a non-invasive cornea and sclera strengthening method, comprising the step of:
using a non-invasive cornea and sclera strengthening system (200) (see [0049] “photoactivation device 200 that is configured to activate a photosensitizer, such as riboflavin, that has been applied to eye tissue according to an antimicrobial treatment”) capable of setting an irradiance of violet light onto a surface of an eye, without ablating a corneal epithelium of the eye, within a range of 0.1 to 1 mW/cm2, inclusive (see [0037] “other approaches avoid epithelial debridement,” [0044] “When photosensitizers (e.g., riboflavin) are applied to the cornea, the subsequent application of photoactivating light (e.g., UVA light) may result in cross-linking activity,” [0052] “The number of photoactivating light sources 204 may be limited to the number required to provide the desired low dose of photoactivating light, e.g., delivered at an irradiance of approximately 0.3 mW/cm2, “and [0077] “It is understood, however, that alternative embodiments may call for cross-linking activity (to modify biomechanical properties) in addition to antimicrobial treatment. As such, the model based on the photochemical kinetic reactions allows these alternative embodiments to generate ROS and/or other radicals for the desired antimicrobial effect and desired cross-linking activity”), and
setting a time of the irradiance of the violet light onto the eye per day and, at a timing after administration of an administration agent used for strengthening a tissue of a cornea or a sclera to the eye, irradiating the violet light by the non-invasive cornea and sclera strengthening system to elicit crosslinking of collagen fibers constituting corneal tissue or scleral tissue of the eye (see [0037], [0044], [0052], and [0077]).
However, the method of Friedman is silent with regards to:
the irradiance of violet light in wavelengths being within a range of 360 nm to 400 nm, inclusive; and
the set time of the irradiance of the violet light onto the eye being within a range of three to five hours, inclusive, per day.
Nonetheless, a second embodiment of Friedman further teaches (Figs. 1a – 1b) wherein the system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive (see [0023] “The photoactivating light sources 106 may be light emitting diodes (LED's) that can emit selected wavelengths of light, e.g., 365 nm, 450 nm, etc.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the wavelength that the non-invasive cornea and sclera strengthening system of the non-invasive cornea and sclera strengthening method of Friedman is capable of providing in view of a teaching of the second embodiment of Friedman such that the non-invasive cornea and sclera strengthening system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive. One of ordinary skill in the art would have been motivated to make this modification, as Friedman teaches that this specific wavelength achieves the desired photochemical kinetic reactions, antimicrobial effects, and cross-linking (see [0023] and [0077] of Friedman).
Neither embodiment of Friedman teaches that the system of the non-invasive cornea and sclera strengthening method:
setting a time of the irradiance of the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless Rogers, which is within the analogous art of continuous low irradiance photodynamic therapy systems and methods (see abstract and title), teaches setting a time of the irradiance of the violet light onto the eye within a range of three to five hours, inclusive, per day (see [0008], [0024] “In order to achieve the desired light fluence in the target tissue, the applicator is preferably applied in dosages of greater than about one hour, greater than about four hours, greater than about 12 hours, or greater than or equal to about 24 hours,” and [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the time of irradiation of the system of the non-invasive cornea and sclera strengthening method of Friedman in view of a teaching of Roger such that the system irradiates the violet light onto the eye within a range of three to five hours, inclusive, per day. One of ordinary skill in the art would have been motivated to make this modification because Rogers teaches that low irradiance treatment generally provides a treatment level that is sufficient to initiate a photodynamic effect, which can then be continued over a desired period of time to achieve the desired treatment level in the target tissue, without causing damage to the surrounding tissue (see [0024] of Rogers). Here, the irradiance duration can be tailored such that it is about four hours long in order to reach the desired treatment level in the target tissue to initiate the photodynamic effect.
With regards to claim 10, Friedman discloses (Fig. 4) a non-invasive cornea and sclera strengthening method, comprising the step of:
using a non-invasive cornea and sclera strengthening system (200)(see [0049] “photoactivation device 400 that is configured to activate a photosensitizer, such as riboflavin, that has been applied to eye tissue according to an antimicrobial treatment”) capable of setting an irradiance of violet light onto a surface of an eye, without ablating a corneal epithelium, at a timing after administration of an administration agent used for strengthening a tissue of a cornea or a sclera to the eye, within a range of 0.1 to 1 mW/cm2, inclusive (see [0037] “other approaches avoid epithelial debridement,” [0044] “When photosensitizers (e.g., riboflavin) are applied to the cornea, the subsequent application of photoactivating light (e.g., UVA light) may result in cross-linking activity,” [0052] “The number of photoactivating light sources 204 may be limited to the number required to provide the desired low dose of photoactivating light, e.g., delivered at an irradiance of approximately 0.3 mW/cm2,” and [0077] “It is understood, however, that alternative embodiments may call for cross-linking activity (to modify biomechanical properties) in addition to antimicrobial treatment. As such, the model based on the photochemical kinetic reactions allows these alternative embodiments to generate ROS and/or other radicals for the desired antimicrobial effect and desired cross-linking activity”), and setting a time of irradiation of the violet light onto the eye to elicit crosslinking of collagen fibers constituting corneal tissue or scleral tissue of the eye (see [0037], [0044], [0052], and [0077]).
However, Friedman is silent with regards to the following:
the irradiance of violet light in wavelengths is within a range of 360 nm to 400 nm, inclusive, and
the time of the irradiance of the violet light onto the eye is within a range of three to five hours, inclusive per day.
Nonetheless, a second embodiment of Friedman further teaches (Figs. 1a – 1b) wherein the non-invasive cornea and sclera strengthening system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive (see [0023] “The photoactivating light sources 106 may be light emitting diodes (LED's) that can emit selected wavelengths of light, e.g., 365 nm, 450 nm, etc.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the wavelength that the non-invasive cornea and sclera strengthening system of the non-invasive cornea and sclera strengthening method of Friedman is capable of providing in view of a teaching of the second embodiment of Friedman such that the non-invasive cornea and sclera strengthening system is adapted to irradiate the violet light in wavelengths within a range of 360 nm to 400 nm, inclusive. One of ordinary skill in the art would have been motivated to make this modification, as Friedman teaches that this specific wavelength achieves the desired photochemical kinetic reactions, antimicrobial effects, and cross-linking (see [0023] and [0077] of Friedman).
Neither embodiment of Friedman teaches that the non-invasive cornea and sclera strengthening system of the non-invasive cornea and sclera strengthening method:
setting a time of irradiation of the violet light onto the eye within a range of three to five hours, inclusive, per day.
Nonetheless Rogers, which is within the analogous art of continuous low irradiance photodynamic therapy systems and methods (see abstract and title), teaches setting a time of irradiation of the violet light within a range of three to five hours, inclusive, per day (see [0008], [0024] “In order to achieve the desired light fluence in the target tissue, the applicator is preferably applied in dosages of greater than about one hour, greater than about four hours, greater than about 12 hours, or greater than or equal to about 24 hours,” and [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the time of irradiation of the system of the non-invasive cornea and sclera strengthening system of Friedman in view of a teaching of Roger such that the method comprises setting a time of irradiation of the violet light onto the eye within a range of three to five hours, inclusive, per day. One of ordinary skill in the art would have been motivated to make this modification because Rogers teaches that low irradiance treatment generally provides a treatment level that is sufficient to initiate a photodynamic effect, which can then be continued over a desired period of time to achieve the desired treatment level in the target tissue, without causing damage to the surrounding tissue (see [0024] of Rogers). Here, the irradiance duration can be tailored such that it is about four hours long in order to reach the desired treatment level in the target tissue to initiate the photodynamic effect.
With regards to claim 12, the non-invasive cornea and sclera strengthening system of Friedman and Rogers teaches the claimed invention of claim 1, and Friedman further teaches (Fig. 4) wherein the non-invasive cornea and sclera strengthening system comprises at least one of eyeglasses (see [0051] “As shown in FIG. 4, the photoactivation device 200 includes a body 202. The body 202 may be shaped and worn like an eyeglasses frame”) or a soft contact lens.
Claim(s) 3, 6, and 13 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman and Rogers as applied to claim 1 above, and further in view of Ivri (US 2016/0199225 A1).
Ivri is cited in the Notice of References Cited form dated November 21, 2024.
With regards to claim 3, the system of Friedman and Rogers teaches the claimed invention of claim 1, and Friedman further teaches (Fig. 4) wherein the non-invasive cornea and sclera strengthening system (200) comprises a facially-oriented type device (see [0051] “the photoactivation device 200 in FIG. 4 resembles a pair of eyeglasses”) that is adapted to irradiate the violet light in a direction of the eye (see [0055]).
However, the system of Friedman and Rogers is silent with regards to an administrating device configured to administer the administration agent is integrated with the facially-oriented type device.
Nonetheless Ivri, which is within the analogous art of micro-droplet delivery devices and methods (see abstract), teaches (Figs. 1 – 5A) an administrating device (100; see [0048]) configured to administer the administration agent (120; see [0048]) is integrated with the facially-oriented type device (502; see Figs. 5-5A and [0031] – [0032] and [0064] – [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of Ivri such that an administrating device configured to administer the administration agent is integrated with the facially-oriented type device. One of ordinary skill in the art would have been motivated to make this modification, as Ivri teaches a means for delivering an administrative agent to the eye without causing the blinking reflex (see [0043] of Ivri). One of ordinary skill would utilize the administrating device of Ivri in order to deliver the administrative agent such that the patient does not blink away the administrative agent.
With regards to claim 6, the non-invasive cornea and sclera strengthening system of Friedman and Rogers teaches the claimed invention of claim 1, however, Friedman is silent with regards to wherein the non-invasive cornea and sclera strengthening system is adapted to carry out administration of the administration agent periodically or continuously.
Nonetheless Ivri, which is within the analogous art of micro-droplet delivery devices and methods (see abstract), teaches (Figs. 1A – 5A) the non-invasive cornea and sclera strengthening system (100; see [0048]) is adapted to carry out administration of the administration agent periodically or continuously (see [0059] “continuously dispensing droplet of 500 pL at a frequency of 33 Hz”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of Ivri such that the non-invasive cornea and sclera strengthening system is adapted to carry out administration of the administration agent periodically or continuously. One of ordinary skill in the art would have been motivated to make this modification because Ivri teaches a means for delivering an administrative agent to the eye without causing the blinking reflex (see [0043] of Ivri). One of ordinary skill would utilize the administrating device of Ivri in order to deliver the administrative agent such that the patient does not blink away the administrative agent.
With regards to claim 13, the system of Friedman and Rogers teaches the claimed invention of claim 12, and Friedman further teaches wherein the non-invasive cornea and sclera strengthening system (200) comprises:
the eyeglasses (see [0051] “As shown in FIG. 4, the photoactivation device 200 includes a body 202. The body 202 may be shaped and worn like an eyeglasses frame”).
However, Friedman is silent with regards to the system further comprising:
an administrating device configured to administer the administration agent that is integrated with the eyeglasses.
Nonetheless Ivri, which is within the analogous art of micro-droplet delivery devices and methods (see abstract), teaches (Figs. 1A – 5A) the non-invasive cornea and sclera strengthening system comprises:
the eyeglasses (502; see [0064] and Figs. 5-5A), and
an administrating device (100; see [0048]) configured to administer the administration agent that is integrated with the eyeglasses (see Figs. 5 – 5A and [0064]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of Ivri such that the non-invasive cornea and sclera strengthening system further comprises the eyeglasses; and an administrating device configured to administer the administration agent that is integrated with the eyeglasses. One of ordinary skill in the art would have been motivated to make this modification, as Ivri teaches a means for delivering an administrative agent to the eye without causing the blinking reflex (see [0043] of Ivri). One of ordinary skill would utilize the administrating device of Ivri in order to deliver the administrative agent such that the patient does not blink away the administrative agent.
With regards to claim 14, the system of Friedman and Rogers teaches the claimed invention of claim 12, however, Friedman is silent with regards to wherein the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by sustained release from an eyeglass frame of the eyeglasses or sustained release from the soft contact lens.
Nonetheless Ivri, which is within the analogous art of micro-droplet delivery devices and methods (see abstract), teaches (Figs. 1A – 5A) the non-invasive cornea and sclera strengthening system (100; see [0048]) is adapted to administer the administration agent (120; see [0065]) to the eye by sustained release from an eyeglass frame (501; see [0064]) of the eyeglasses (502; see Figs. 5 – 5A and [0047], [0059], and [0064]) or sustained release from the soft contact lens.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of Ivri such that the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by sustained release from an eyeglass frame of the eyeglasses or sustained release from the soft contact lens. One of ordinary skill in the art would have been motivated to make this modification, as Ivri teaches a means for delivering an administrative agent to the eye without causing the blinking reflex (see [0043] of Ivri). One of ordinary skill would utilize the administrating device of Ivri in order to deliver the administrative agent such that the patient does not blink away the administrative agent.
The non-invasive cornea and sclera strengthening system of Friedman and Rogers modified in view of a teaching of Ivri will hereinafter be referred to as the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Ivri.
With regards to claim 15, the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Ivri teaches the claimed invention of claim 14, however, Friedman is silent with regards to wherein the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by sustained release from a mist spraying device disposed on the eyeglass frame.
Nonetheless Ivri, which is within the analogous art of micro-droplet delivery devices and methods (see abstract), teaches (Figs. 1A – 5A) the non-invasive cornea and sclera strengthening system (100; see [0048]) is adapted to administer the administration agent (120; see [0064]) to the eye by sustained release from a mist spraying device (110; see [0047], [0059], and [0064]) disposed on the eyeglass frame (501; see [0064] and see Figs. 5 – 5A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Ivri in view of a further teaching of Ivri such that the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by sustained release from a mist spraying device disposed on the eyeglass frame. One of ordinary skill in the art would have been motivated to make this modification, as Ivri teaches a means for delivering an administrative agent to the eye without causing the blinking reflex (see [0043] of Ivri). One of ordinary skill would utilize the administrating device of Ivri in order to deliver the administrative agent such that the patient does not blink away the administrative agent.
Claim(s) 4 – 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman and Rogers as applied to claim 1 above, and further in view of Liu et al. (US 2008/0181967 A1 hereinafter referred to as “Liu”).
Liu is cited in the Notice of References Cited form dated November 21, 2024.
With regards to claim 4, the non-invasive cornea and sclera strengthening system of Friedman and Rogers teaches the claimed invention of claim 1, however, Friedman is silent with regards to wherein the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by one or two or more methods selected from eye drops, eye ointment, sustained release from an eyeglass frame, or sustained release from a contact lens.
Nonetheless Liu, which is within the analogous art of contact lens (see [0012] and [0118]), teaches the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent (see [0118] “riboflavin”) to the eye by one or two or more methods selected from eye drops, eye ointment, sustained release from an eyeglass frame, or sustained release from a contact lens (see [0012] and [0118]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of the Liu such that the non-invasive cornea and sclera strengthening system is adapted to administer the administration agent to the eye by one or two or more methods selected from eye drops, eye ointment, sustained release from an eyeglass frame, or sustained release from a contact lens. One of ordinary skill in the art would have been motivated to make this modification, as Liu teaches that riboflavin is a crosslinking agent that increases the mechanical strength of the eye and a contact lens is a means for delivering the riboflavin to the eye (see [0012], [0115], and [0118] of Liu). Therefore, one of ordinary skill in the art would be motivated to use contact lens to release the administration to the eye in order to increase the mechanical strength of the eye.
The non-invasive cornea and sclera strengthening system of Friedman and Rogers modified in view of a teaching of Liu will hereinafter be referred to as the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Liu.
With regards to claim 5, the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Liu teaches the claimed invention of claim 4, and Liu further teaches wherein the contact lens is adapted to transmit the violet light (see [0012] and [0118] “exposing the lens to ultraviolet light (UVA)” of Liu).
With regards to claim 7, the non-invasive cornea and sclera strengthening system of Friedman, Rogers, and Liu teaches the claimed invention of claim 1, however, Friedman is silent with regards to wherein the non-invasive cornea and sclera strengthening system is adapted to treat at least one from among keratoconus, corneal ectasia, corneal infection, bullous keratopathy, and ametropia.
Nonetheless Liu, which is within the analogous art of contact lens (see [0012] and [0118]), teaches the non-invasive cornea and sclera strengthening system is adapted to treat at least one from among keratoconus, corneal ectasia, corneal infection, bullous keratopathy, and ametropia (see [0115] “Such a condition can be, for instance, keratoconus or corneal ectasia”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the non-invasive cornea and sclera strengthening system of Friedman and Rogers in view of a teaching of Liu such that the non-invasive cornea and sclera strengthening system is adapted to treat at least one from among keratoconus, corneal ectasia, corneal infection, bullous keratopathy, and ametropia. One of ordinary skill in the art would have been motivated to make this modification because Liu teaches that this crosslinking agent can be used to facilitate crosslinking of collagens in the eye for treating keratoconus or corneal ectasia (see [0115] of Liu).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mcneill (US 2016/0067520 A1).
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.
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/ROBERT F ALLEN/Examiner, Art Unit 3783
/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783
01/21/2026