DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the amendment filed 7/17/2025.
Notice of Pre-AIA or AIA Status
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 ejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-9, 19-20 and 225-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the term “at least one focal plane located posterior to the retina” (lined 7-8) is vague and renders the claims indefinite and lacks antecedent; it is unclear which specific posterior and the retina are being referred to; for example, as shown in Applicant’s paragraph [0106], posterior chamber intraocular lens, paragraph [0307], distant, most posterior..; paragraph [0308], as the off-axis focal points are positioned posterior to the on-axis image points 4502a, and there are many embodiments , so it is unclear which specific posterior and the retina are intended by the term “posterior and the retina” in the claim. Thus, the term of the claim 1 is indefinite.
Claims 5-9, 19-20 and 22-28 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1
Claim 2 has same undefined issues as that of claim 1 in lines 7-8.
Claim 3 has same undefined issues as that of claim 1 in lines 7-8.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
.
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.
Claims 1-3, 5-9,19-20 and 22-28 are rejected under 35 U.S.C. 103 as being unpatentable over Brennan (US20190227342) in view of Smitth et al. (US20050105047) and Holden et al. (US20130010255).
Regarding claim 1, Brennan teaches an ophthalmic lens (abstract, figs.5-12, ophthalmic lens) comprising:
at least one first optical zone with a first axis (figs 5A, 5B, 5G, 6, 9D, such as fig 9D, the central zone being considered as the “first optical zone” with the first axis being the central optical axis of the lens), in use with an eye, at least a portion of light passing through the at least one first optical zone is refracted to a first focal point on the first axis (figs 5A, 5B, 6, 9D, paragraphs 0082-0085, 0104, the central zone focusing along the central axis on the retina such as fig 9D, the central zone focusing at “944”); and
at least one second optical zone (figs 5A, 5B, 5G, 6, 9D, paragraphs [0082-0085, 0104], any of the peripheral “treatment zones” being considered as the “second optical zone”) configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point (figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104, such as fig 5G, the peripheral zone focusing at “514” or fig 9D, the peripheral zone focusing at points “948” and/or “949”) and on at least one focal plane (figs 5A, 5B, 5G, 6, 9D such as fig 9D, the first focal point on the retinal focal plane and the second focal points “948” and/or “949” not on the retinal focal plane i.e. on a second and differing focal plane and/or fig 5G, the second focal points form at halo at “514” on a plane differing that the first focal point which is the retinal focal plane).
Brennan does not explicitly teaches wherein at least one second optical zone configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point and on at least one focal plane located posterior to the retina.
However, Smitth teaches the analogous ophthalmic lens (Smitth, fig.9, paragraph [0120] , bifocal contact lens 914 is placed on an eye 916 ..), and further teaches wherein at least one second optical zone (Smitth, fig.9, second optical zone has been referred as the zone 924) configured such that, in use with the eye (Smitth, fig.9, eye 916), at least a portion of light (Smitth, fig.9, light 944) passing through the at least one second optical zone ((Smitth, fig.9, zone 924) is refracted to one or more second focal points (Smitth, fig.9, 928) positioned off-axis (see , Smitth, fig.9, light 944 is off-axis) relative to the first focal point (Smitth, fig.9, near focal point 940) and on at least one focal plane located posterior to the retina (Smitth, fig.9, paragraph [0120] imaged to a position 932 behind the retina 934).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ophthalmic lens of Brennan with the location as taught by Smitth to have on at least one focal plane located posterior to the retina for the purpose of retarding or eliminating the progression of myopia or hypermetropia in an individual by controlling off-axis aberrations
and reducing or eliminating eye axial elongation (Smitth, paragraph [0019]).
Brennan is silent on wherein a distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane.
However, in the similar ophthalmic lens, Holden teaches the ophthalmic lens (Holden, figs.1-6, paragraph [0005], with the use of ophthalmic lenses; in, fig.5, teaches at least one focal plane located posterior to the retina—paragraph [0038], a focus at point 59 on peripheral focal plane 42 …of retina 34), and further teaches wherein
at least one second optical zone (Holden, fig.6, paragraph [0039], transition zone and peripheral optical zone arc respectively indicated by 120, 130, 124 and 160-164, paragraph [0041], as will be seen from FIGS. 2A, 2B and 6, transition zone 130 includes a progressive focus zone 160 with a first blend zone 162 between it and the central optical zone 120 and a second blend zone 164 between it and peripheral optical zone 124) configured such that, in use with the eye (Holden, fig.6, eye 112), at least a portion of light (Holden, fig.6, rays 154, 156 and 158) passing through the at least one second optical zone (Holden, fig.6, zones 120, 130 and 124) is refracted to one or more second focal points (see Holden, fig.6, paragraph [0021], peripheral optical zone are brought to focus at points on --- such as dot focal point 159) positioned off-axis relative to the first focal point (Holden, fig.6, paragraph [0017], peripheral optical zone having a peripheral optical zone …by an amount sufficient to focus off-axis rays that enter the eye through said peripheral optical zone when the lens is worn onto points on or anterior to a peripheral region of the retina located around said central region of the retina) and on at least one focal plane (Holden,fig.6, focal plane 155);
wherein a distance focus of the ophthalmic lens (Holden, fig.6, lens 110) is positioned between the first focal point (Holden, fig.6, first focal point 148) and the at least one focal plane (Holden,fig.6, focal plane 155).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the distance focus of the ophthalmic lens of combination Brennan-Smitth similar to the distance focus of the ophthalmic lens of Holden on wherein the distance focus of the ophthalmic lens similar to the is positioned between the first focal point and the at least one focal plane--further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (C.C.P.A. 1955), See MPEP 2144.05 II (A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the ophthalmic lens of Brennan with the specific distance focus of the ophthalmic lens as taught by Holden for the purpose to more cheaply made the lenses and potentially introduce less aberrations such as distortion to the peripheral image (Holden, paragraph [0011]).
Regarding claim 2, Brennan teaches an ophthalmic lens (abstract, ophthalmic lens) comprising: at least one first optical zone with a first axis, the at least one first optical zone being configured such that, (figs 5A, 5B, 5G, 6, 9D, such as fig 9D, the central zone being considered as the “first optical zone” with the first axis being the central optical axis of the lens), in use with an eye, at least a portion of light passing through the at least one first optical zone is refracted to a first focal point on the first axis (figs 5A, 5B, 6, 9D, paragraphs 0082-0085, 0104, the central zone focusing along the central axis on the retina such as fig 9D, the central zone focusing at “944”); and
at least one second optical zone (figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104, any of the peripheral “treatment zones” being considered as the “second optical zone”) configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point (figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104, such as fig 5G, the peripheral zone focusing at “514” or fig 9D, the peripheral zone focusing at points “948” and/or “949”) and on at least one focal plane (figs 5A, 5B, 5G, 6, 9D such as fig 9D, the first focal point on the retinal focal plane and the second focal points “948” and/or “949” not on the retinal focal plane i.e. on a second and differing focal plane and/or fig 5G, the second focal points form at halo at “514” on a plane differing that the first focal point which is the retinal focal plane);
wherein the at least one first optical zone is configured such that the first focal point is positioned in front of a distance focus of the ophthalmic lens (fig 11A, focal point “1108” as the “first focal point” and is positioned in front of the retina; Brennan is claiming “an anterior plane”, as such, any object such as a lens or an eye can have practically an infinite number of slices or planes hypothetically cut through the object and as such, a plane positioned in front of “1108” at the same distance as “1108” to the retinal plane can be considered as the claimed “anterior plane”. Such a plane at such a position will result in the first focal point i.e. “1108” being substantially equidistant from the anterior plane and the retinal plane);
Brennan does not explicitly teaches wherein at least one second optical zone configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point and on at least one focal plane located posterior to the retina.
However, Smitth teaches the analogous ophthalmic lens (Smitth, fig.9, paragraph [0120] , bifocal contact lens 914 is placed on an eye 916 ..), and further teaches wherein at least one second optical zone (Smitth, fig.9, second optical zone has been referred as the zone 924) configured such that, in use with the eye (Smitth, fig.9, eye 916), at least a portion of light (Smitth, fig.9, light 944) passing through the at least one second optical zone ((Smitth, fig.9, zone 924) is refracted to one or more second focal points (Smitth, fig.9, 928) positioned off-axis (see , Smitth, fig.9, light 944 is off-axis) relative to the first focal point (Smitth, fig.9, near focal point 940) and on at least one focal plane located posterior to the retina (Smitth, fig.9, paragraph [0120] imaged to a position 932 behind the retina 934).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ophthalmic lens of Brennan with the location as taught by Smitth to have on at least one focal plane located posterior to the retina for the purpose of retarding or eliminating the progression of myopia or hypermetropia in an individual by controlling off-axis aberrations
and reducing or eliminating eye axial elongation (Smitth, paragraph [0019]);
although Brennan is silent on wherein the distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane.
However, in the similar ophthalmic lens, Holden teaches the ophthalmic lens (Holden, figs.1-6, paragraph [0005], with the use of ophthalmic lenses), and further teaches wherein a distance focus of the ophthalmic lens (Holden, fig.6, lens 110) is positioned between the first focal point (Holden, fig.6, first focal point 148) and the at least one focal plane (Holden,fig.6, focal plane 155).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the distance focus of the ophthalmic lens of Brennan similar to the distance focus of the ophthalmic lens of Holden on wherein the distance focus of the ophthalmic lens similar to the is positioned between the first focal point and the at least one focal plane--further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (C.C.P.A. 1955), See MPEP 2144.05 II (A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the ophthalmic lens of combination Brennan-Smitth with the specific distance focus of the ophthalmic lens as taught by Holden for the purpose to more cheaply made the lenses and potentially introduce less aberrations such as distortion to the peripheral image (Holden, paragraph [0011]).
Regarding claim 3, Brennan teaches an ophthalmic lens (abstract, ophthalmic lens) comprising:
at least one first optical zone with a first axis (figs 5A, 5B, 5G, 6, 9D, such as fig 9D, the central zone being considered as the “first optical zone” with the first axis being the central optical axis of the lens) the at least one first optical zone being configured such that, in use with an eye, at least a portion of light passing through the at least one first optical zone is refracted to a first focal point on the first axis (figs 5A, 5B, 6, 9D, paragraphs 0082-0085, 0104, the central zone focusing along the central axis on the retina such as fig 9D, the central zone focusing at “944”); and
at least one second optical zone (figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104, any of the peripheral “treatment zones” being considered as the “second optical zone”) configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point (figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104, such as fig 5G, the peripheral zone focusing at “514” or fig 9D, the peripheral zone focusing at points “948” and/or “949”) and on at least one focal plane (figs 5A, 5B, 5G, 6, 9D such as fig 9D, the first focal point on the retinal focal plane and the second focal points “948” and/or “949” not on the retinal focal plane i.e. on a second and differing focal plane and/or fig 5G, the second focal points form at halo at “514” on a plane differing that the first focal point which is the retinal focal plane);
wherein the at least one first optical zone is configured such that first focal point is positioned in front of a distance focus of the ophthalmic lens (fig 11A, focal point “1108” as the “first focal point” and is positioned in front of the retina; Brennan is claiming “an anterior plane”, as such, any object such as a lens or an eye can have practically an infinite number of slices or planes hypothetically cut through the object and as such, a plane positioned in front of “1108” at the same distance as “1108” to the retinal plane can be considered as the claimed “anterior plane”. Such a plane at such a position will result in the first focal point i.e. “1108” being substantially equidistant from the anterior plane and the retinal plane); and
wherein the distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane such that depth of focus is configured to be extended (see fig, 9B, indicate “blue circle at fovea defined by pupil size” which means the depth of focus is defined by focal length, blue circle and pupil size, see in fig.10, a retinal plane is positioned between the first focal point and the at least one focal plane; applicant’s invention discloses embodiments in which a central zone provides a focal point on the retina and at least one surrounding concentric zone provides a focal point or focal points off axis such that light that is extended beyond one of the focal points provides an out of focus blurred image at the peripheral portion of the retina and this combined effect provides an extended depth of focus. Brennan discloses an ophthalmic lens having a central zone that provides a focal point on the retina and at least one surrounding concentric zone that provides a focal point or focal points off axis such that light extended beyond one of the focal points provides an out of focus blurred image at the peripheral portion of the retina, see figs 5A, 5B, 5G, 6, 9D, paragraphs 0082-0085, 0104-0105, and as such, it is the examiner’s contention that Brennan will inherently provide some extended depth of focus, this being reasonably based upon the similarity in structure between the ophthalmic lens of Brennan and that of the claimed invention) from the distance focus of the ophthalmic lens to an anterior plane positioned in front of the first focal point at a location that results in the first focal point being substantially equidistant from the anterior plane and the distance focus of the ophthalmic lens (fig 11A, the light from focal point “1109” is extended to the retina, this light that is extended beyond the one or more focal points in conjunction with light from the first focal point will inherently provide an extended depth of focus for the same reasoning set forth above with respect to claims 1 and 2. Additionally, Brennan is claiming “an anterior plane” but is not claiming this plane as being associated with any of the focal points or associated with the first and/or second optical zones. As such, any object such as a lens or an eye can have practically an infinite number of slices or planes hypothetically cut through the object and as such, a plane positioned in front of “1108” at the same distance as “1108” to the retinal plane can be considered as the claimed “anterior plane”. Such a plane at such a position will result in the first focal point i.e. “1108” being substantially equidistant from the anterior plane and the retinal plane).
Brennan does not explicitly teaches wherein at least one second optical zone configured such that, in use with the eye, at least a portion of light passing through the at least one second optical zone is refracted to one or more second focal points positioned off-axis relative to the first focal point and on at least one focal plane located posterior to the retina.
However, Smitth teaches the analogous ophthalmic lens (Smitth, fig.9, paragraph [0120] , bifocal contact lens 914 is placed on an eye 916 ..), and further teaches wherein at least one second optical zone (Smitth, fig.9, second optical zone has been referred as the zone 924) configured such that, in use with the eye (Smitth, fig.9, eye 916), at least a portion of light (Smitth, fig.9, light 944) passing through the at least one second optical zone ((Smitth, fig.9, zone 924) is refracted to one or more second focal points (Smitth, fig.9, 928) positioned off-axis (see , Smitth, fig.9, light 944 is off-axis) relative to the first focal point (Smitth, fig.9, near focal point 940) and on at least one focal plane located posterior to the retina (Smitth, fig.9, paragraph [0120] imaged to a position 932 behind the retina 934).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ophthalmic lens of Brennan with the location as taught by Smitth to have on at least one focal plane located posterior to the retina for the purpose of retarding or eliminating the progression of myopia or hypermetropia in an individual by controlling off-axis aberrations
and reducing or eliminating eye axial elongation (Smitth, paragraph [0019]).
Although Brennan is silent on wherein the distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane.
However, in the similar ophthalmic lens, Holden teaches the ophthalmic lens (Holden, figs.1-6, paragraph [0005], with the use of ophthalmic lenses), and further teaches
wherein a distance focus of the ophthalmic lens (Holden, fig.6, lens 110) is positioned between the first focal point (Holden, fig.6, first focal point 148) and the at least one focal plane (Holden,fig.6, focal plane 155).
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the distance focus of the ophthalmic lens of Brennan similar to the distance focus of the ophthalmic lens of Holden on wherein the distance focus of the ophthalmic lens similar to the is positioned between the first focal point and the at least one focal plane--further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (C.C.P.A. 1955), See MPEP 2144.05 II (A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the ophthalmic lens of combination Brennan-Smitth with the specific distance focus of the ophthalmic lens as taught by Holden for the purpose to more cheaply made the lenses and potentially introduce less aberrations such as distortion to the peripheral image (Holden, paragraph [0011]).
Regarding claim 5, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the first optical zone having a substantially circular shape and being centrally located (Brennan, fig 6, “606”); the second zone being substantially annular and surrounding the first optical zone (Brennan, fig 6, “608”).
Regarding claim 6, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the first optical zone and the second optical zone are concentric (Brennan, fig 6, “606” and “608”).
Regarding claim 7, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the one of more focal points positioned off axis having a finite number of focal points (Brennan, fig 9D, paragraph 0104, finite points “948”, “949”).
Regarding claim 8, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the one of more second focal points positioned off-axis having an infinite number of focal points (Brennan, fig 5G, paragraph [0087], the ring focus).
Regarding claim 9, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the one or more second focal points positioned off-axis being positioned on at least 2 focal planes (Brennan, fig 9D, a focal plane at “948” and a focal plane at “949” i.e. above and below the optical axis as two focal planes similar to applicant’s invention and/or fig 11A embodiment a focal plane at “1108” and a focal plane at “1109”).
Regarding claim 19, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein depth of focus is defined as a length of a portion on the first axis and the first focal point is positioned on the portion of the first axis (see Brennan, paragraph [0115], and fig.12, depth of focus is capable of as a length of a portion on the first axis, central axis, and the first focal point is positioned on the portion of the first axis).
Regarding claim 20, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the ratio of the amount of depth of focus in front of the first focal point to the amount of the depth of focus behind the first focal point may be about 100:0 (see Brennan, entirely in front of the first focal point), 90:10, 80:20, 75:25, 70:30, 60:40, 50:50 (see Brennan, equally in front of and behind the first focal point), 40:60, 30:70, 25:75, 20:80, 10:90, and/or 0:100 (entirely behind the first focal point)( Brennan, fig 9D, the ratio of the depth of focus at about 100:0 i.e. entirely in front of the first focal point at the retina).
Regarding claim 21, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second optical zone having a focal length that is independent of the remaining portions of the lens (see Brennan, to the extent this is understood, the embodiments of fig 9D, 9E, 11A).
Regarding claim 22, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second zone creating by adjusting the curvature of the base lens on at least one of the front or back surface (Brennan, paragraph 0033, figs 5B, 5E, is capable of the second zone creating by adjusting the curvature of the base lens on at least one of the front or back surface).
Regarding claim 23, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the at least one second zone is created by adjusting the curvature of the base lens on the front surface of the ophthalmic lens to create at least one of a plus optical zone or a minus optical zone (paragraphs 0033, 0078-0082, figs 5B, 5E, is capable of at least one second zone is created by adjusting the curvature of the base lens on the front surface of the ophthalmic lens to create at least one of a plus optical zone or a minus optical zone).
Regarding claim 24, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second zone creating by adjusting the curvature of the base lens on the back surface to create one of a plus or minus optical zone (Brennan, paragraphs 0033, 0078-0082 disclosing that either the front or back surface can have the optical correction zones as disclosed).
Regarding claim 25, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second optical zone with a substantially annular shape portion (Brennan, fig 5B) that includes a tilted curvature, and depth of focus is determined based on the tilted curvature (Brennan, paragraph 0033, 0087, the at least one treatment zone having a surface shape comprising a portion of a generally toroidal shape , wherein the at least one treatment zone is arranged as to form a continuous surface with the center zone , and wherein the at least one treatment zone has a tilt angle configured to direct an innermost ray relative to a cross section of the treatment zone to cross the principal axis at a point that is at or anterior to a retinal plane of a wearer of the ophthalmic lens ---which will inherently influence by shifting the depth of focus for the same reasoning set forth in independent claim 1, the providing the extended depth of focus and will also inherently influence by shifting the depth of focus based on the similarity in structure between the ophthalmic lens of Brennan and that of the claimed invention, so depth of focus is determined based on the tilted curvature).
Regarding claim 26, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second optical zone with a substantially annular shape portion comprising multiple curvatures (Brennan, fig 5A, each of the treatment zones of 508 as the “multiple curves”) that have the same optical properties or different optical properties (Furthermore the claimed “multiple curves” will inherently have the same or different optical properties).
Regarding claim 27, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the second optical zone with a substantially annular shape portion comprising multiple conjoining curvatures (Brennan, fig 5A, each of the treatment zones of 508 as the “multiple conjoining curvatures”).
Regarding claim 28, Brennan–Smitth-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the at least one second optical zone has a substantially annular shaped portion comprising at least one curvature and at least one flat surface (see Brennan, fig 5A, 5B, each of the treatment zones of 508, annular shape is capable of created by replacing at least one surface curvatures of the lens with a line).
Response to argument/amendment
Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references or portions of the reference being used in the current rejections, and as they do not pertain to the current grounds of rejection for claims 1-20 under 35 U.S.C. § 112(b) rejections above.
Examiner's Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872