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 6/16/2026.
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/16/2026 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statement.
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 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],”an ophthalmic lens has at least one high ADD treatment zone surrounding a center zone” -- the central zone focusing along the central axis on the retina such as fig 9D, the central zone focusing at “944”); and
wherein the at least one first optical zone (Brennan, fig. 6, zone 606) is centrally located on the ophthalmic lens (fig. 6, lens 600) and the at least one second optical zone (fig. 6, zone 608) is at a different location on the ophthalmic lens (lens 600) to the at least one first optical zone (606); and
wherein at least one second optical zone configured such that (see Brennan, figs. 8A-8C, disclose one or more treatment zones surrounding the center zone), in use with the eye (retinal plane), at least a portion of light passing through the at least one second optical zone is refracted (see Brennan, fig. 8C, rays passing through the treatment zone are refracted to a ring focus) to one or more second focal points (see Brennan, figs. 8A-8C, treatment zone generates ring focus) positioned off-axis relative to the first focal point (see Brennan, figs. 8A-8C, treatment zone generates non-coaxial focal points displaced from the principal axis), but Brennan does not explicitly teach wherein on at least one focal plane located further from the ophthalmic lens than a distance focus of the ophthalmic lens; 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; 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 on at least one focal plane (Holden, fig. 6, focal plane 155) located further from the ophthalmic lens (Holden, fig. 6, lens 110 ) than a distance focus (focus at point 159) of the ophthalmic lens (110); wherein the 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 159).
Because Brennan teaches the claimed central optical zone, peripheral optical zone, and off-axis focal points. Holden teaches that different optical zones intentionally generate focal locations at different axial positions relative to the retina in order to improve retinal image quality and reduce peripheral aberrations. A person of ordinary skill in the art would have recognized that the precise axial position of the additional focal region relative to the distance focus is a result-effective variable that may be selected according to the desired retinal image quality and depth-of-focus characteristics; 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 modify 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
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);
wherein the at least one first optical zone (Brennan, fig. 6, zone 606) is centrally located on the ophthalmic lens (fig. 6, lens 600) and the at least one second optical zone (fig. 6, zone 608) is at a different location on the ophthalmic lens (lens 600) to the at least one first optical zone (606); and
wherein at least one second optical zone configured such that (see Brennan, figs. 8A-8C, disclose one or more treatment zones surrounding the center zone), in use with the eye (retinal plane), at least a portion of light passing through the at least one second optical zone is refracted (see Brennan, fig. 8C, rays passing through the treatment zone are refracted to a ring focus) to one or more second focal points (see Brennan, figs. 8A-8C, treatment zone generates ring focus) positioned off-axis relative to the first focal point (see Brennan, figs. 8A-8C, treatment zone generates non-coaxial focal points displaced from the principal axis), but Brennan does not explicitly teach wherein on at least one focal plane located further from the ophthalmic lens than a distance focus of the ophthalmic lens; 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; 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 on at least one focal plane (Holden, fig. 6, focal plane 155) located further from the ophthalmic lens (Holden, fig. 6, lens 110 ) than a distance focus (focus at point 159) of the ophthalmic lens (110); wherein the 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 159).
Because Brennan teaches the claimed central optical zone, peripheral optical zone, and off-axis focal points. Holden teaches that different optical zones intentionally generate focal locations at different axial positions relative to the retina in order to improve retinal image quality and reduce peripheral aberrations. A person of ordinary skill in the art would have recognized that the precise axial position of the additional focal region relative to the distance focus is a result-effective variable that may be selected according to the desired retinal image quality and depth-of-focus characteristics; 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 modify 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 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
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);
wherein the at least one first optical zone (Brennan, fig. 6, zone 606) is centrally located on the ophthalmic lens (fig. 6, lens 600) and the at least one second optical zone (fig. 6, zone 608) is at a different location on the ophthalmic lens (lens 600) to the at least one first optical zone (606);
wherein at least one second optical zone configured such that (see Brennan, figs. 8A-8C, disclose one or more treatment zones surrounding the center zone), in use with the eye (retinal plane), at least a portion of light passing through the at least one second optical zone is refracted (see Brennan, fig. 8C, rays passing through the treatment zone are refracted to a ring focus) to one or more second focal points (see Brennan, figs. 8A-8C, treatment zone generates ring focus) positioned off-axis relative to the first focal point (see Brennan, figs. 8A-8C, treatment zone generates non-coaxial focal points displaced from the principal axis), but Brennan does not explicitly teach wherein on at least one focal plane located further from the ophthalmic lens than a distance focus of the ophthalmic lens; 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; 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 on at least one focal plane (Holden, fig. 6, focal plane 155) located further from the ophthalmic lens (Holden, fig. 6, lens 110 ) than a distance focus (focus at point 159) of the ophthalmic lens (110); wherein the 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 159).
Because Brennan teaches the claimed central optical zone, peripheral optical zone, and off-axis focal points. Holden teaches that different optical zones intentionally generate focal locations at different axial positions relative to the retina in order to improve retinal image quality and reduce peripheral aberrations. A person of ordinary skill in the art would have recognized that the precise axial position of the additional focal region relative to the distance focus is a result-effective variable that may be selected according to the desired retinal image quality and depth-of-focus characteristics; 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 modify 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 5, Brennan-Holden combination discloses the invention as described in Claim 1 and Brennan further teaches wherein the first optical zone having a substantially circular shape (Brennan, fig 6, “606”); and the at least one second zone has a substantially annular shape surrounding the at least one first optical zone (Brennan, fig 6, “608”).
Regarding claim 6, Brennan-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-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-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-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-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-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-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-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-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-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–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–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–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–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 Arguments
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 6-8 with respect to the 35 U.S.C.& 103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
The Office acknowledges that Brennan is silent regarding the claim feature of a distance focus of the ophthalmic lens being positioned between the first focal point and the at least one focal plane, but relies on Holden as allegedly describing this feature. But the Office provides no specific reasoning or mapping to the claimed "distance focus". Holden fails to teach or suggest "a distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane," wherein "the focal plane is located further from the ophthalmic lens than a distance focus of the ophthalmic lens," as recited by amended claim 1. As described in paragraph [0042] of Holden oblique rays (e.g. 154) passing through the central optical zone will be focused on the central region of the retina 132 in order to provide excellent distance vision. At best, this section of Holden describes providing a distance focus located on the retina and posterior to the alleged first focal point 148. However, there is no suggestion of such a distance focus being located between a first focal point and any focal plane located further from the ophthalmic lens than the distance focus, as recited by amended claim 1. The Office also alleges that focal plane 155 in FIG. 6 of Holden is relevant to the claimed at least one focal plane. However, focal plane 155 of FIG. 6 of Holden is not located further from the ophthalmic lens than a distance focus of the ophthalmic lens and is instead located on the retina. This is also described in paragraph [0042] of Holden that states "[A]as before, paraxial rays such as 150 are assumed to follow the optical axis of eye 120 and to be brought to focus at fovea 152, oblique rays like 154 passing through central optical zone 120 will be brought to focus on [retina] 134 to form a focal plane 155 on central region 132 of the retina to provide excellent distance vision, and oblique peripheral rays such as 158 that pass through peripheral optical zone 124 will be brought to focus on focal plane 142 that is located anterior to the peripheral region 144 of the retina 134."
In response to applicant's argument(s) of 1
The test for obviousness is not whether the features may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In this case, See claim 1 described, Brennan teaches the claimed central optical zone, peripheral optical zone, and off-axis focal points. Holden teaches that different optical zones intentionally generate focal locations at different axial positions relative to the retina in order to improve retinal image quality and reduce peripheral aberrations. A person of ordinary skill in the art would have recognized that the precise axial position of the additional focal region relative to the distance focus is a result-effective variable that may be selected according to the desired retinal image quality and depth-of-focus characteristics.
(Brennan teaches wherein the at least one first optical zone (Brennan, fig. 6, zone 606) is centrally located on the ophthalmic lens (fig. 6, lens 600) and the at least one second optical zone (fig. 6, zone 608) is at a different location on the ophthalmic lens (lens 600) to the at least one first optical zone (606); and
wherein at least one second optical zone configured such that (see Brennan, figs. 8A-8C, disclose one or more treatment zones surrounding the center zone), in use with the eye (retinal plane), at least a portion of light passing through the at least one second optical zone is refracted (see Brennan, fig. 8C, rays passing through the treatment zone are refracted to a ring focus) to one or more second focal points (see Brennan, figs. 8A-8C, treatment zone generates ring focus) positioned off-axis relative to the first focal point (see Brennan, figs. 8A-8C, treatment zone generates non-coaxial focal points displaced from the principal axis), but Brennan does not explicitly teach wherein on at least one focal plane located further from the ophthalmic lens than a distance focus of the ophthalmic lens; wherein the distance focus of the ophthalmic lens is positioned between the first focal point and the at least one focal plane.
However, Holden teaches the ophthalmic lens, further teaches
wherein on at least one focal plane (Holden, fig. 6, focal plane 155) located further from the ophthalmic lens (Holden, fig. 6, lens 110 ) than a distance focus (focus at point 159) of the ophthalmic lens (110); wherein the 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 159).
Because Brennan teaches the claimed central optical zone, peripheral optical zone, and off-axis focal points. Holden teaches that different optical zones intentionally generate focal locations at different axial positions relative to the retina in order to improve retinal image quality and reduce peripheral aberrations. A person of ordinary skill in the art would have recognized that the precise axial position of the additional focal region relative to the distance focus is a result-effective variable that may be selected according to the desired retinal image quality and depth-of-focus characteristics; 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 modify 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]).)
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, Pinping Sun can be reached on (571) 270-1284.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
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
Prosecution Insights