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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 15, 2026 has been entered.
Response to Amendment
While the amendment to claims 1 and 10 overcome the USC 102 rejection over Mappes, the amendment does not resolve the USC 103 of Mappes in view of To. Specfically, To teaches converging the incoming light at two different focal points via the structures. One focal point being on the retina, the other being not on the retina.
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Applicant’s amendments have overcome the outstanding USC 112 rejection(s).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-6, 8-10, 12, 14-16, 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over Mappes (cited above) in view of To et al. (US 2006/0082729 - To; of record).
As to claim 1, Mappes teaches an eyeglass lens (Mappes Fig. 10; Fig. 11), configured to cause a first pencil of rays that travel in a light traveling direction and enter the eyeglass lens at an object side of the eyeglass lens from an eyeball side of the eyeglass lens and converge at a predetermined position A (Mappes para. [0040]; Fig. 7 - 73, 74; para. [0140] - as discussed, the spectacle lenses have multiple powers), the eyeglass lens comprising
a lens substrate (Mappes Fig. 10 - 105; para. [0144]);
a hard coat provided on the lens substrate (Mappes Fig. 10 - 106; para. [0144] - hard coat (106) being directly on substrate (105) above and below multifocal structure (101));
a structure added on the hard coat (Mappes Fig. 10 - 101), wherein the structure is a coating film provided with a plurality of defocusing areas so that a pencil of rays incident on each of the defocusing areas converge at a corresponding one of a plurality of positions B that are different from the position A for fulling a prescription of a wearer (Mappes Figs. 1-7; para. [0113]-[0114]; Fig. 7 - 74; para. [0040], [0140]);
and the coating film is made of a material that is different from a material of the lens substrate (Mappes Fig. 10 - 101, 105; para. [0005]; Table 1; para. [0057], [0076] - as discussed, the base material being various known materials of Table 1 and the structure (101) material including various nanoparticle matrix materials to set the desired focal power);
the position A is at the retina (Mappes Fig. 7 - 74).
While Mappes teaches the position B is different from position A (Mappes Fig. 7 - 73, 74), Mappes does not specify the/additional defocusing areas are set to converge the light B not at the retina
In the same field of endeavor To teaches a spectacle lens having defocusing areas so a pencil of rays incident converge at a position B not at the retina different from a predetermined position A at the retina to suppress progression of refractive error (To Fig. 5a - 51, 53, 54, 52; para. [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide suppression of progression of refractive error since, as taught by To, such function is well known in the art for slowing myopia progression (To Fig. 5a; para. [0037).
As to claim 3, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the coating film is a transparent layer made of the material that is different from the material of the lens substrate (Mappes Figs. 1-7; para. [0113]-[0114]).
As to claim 4, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each defocusing area of the plurality of defocusing areas includes a plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]), the plurality of concentric annular ring zones being arranged to form steps between adjacent ring zones among the plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]).
As to claims 5, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claims 4, and To further teaches eyeglasses having defocusing areas as concentric zones forming a Fresnel pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a Fresnel pattern since, as taught by To, Fresnel patterns are well known in the art for creating first and second refractive powers (To para. [0012]).
As to claim 6, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 4, and To further teaches eyeglass lenses having defocusing areas as concentric zones forming a diffraction pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0035]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a diffraction pattern since, as taught by To, diffraction patterns are well known in the art for creating first and second refractive powers (To para. [0012], [0035]).
As to claim 8, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches an antireflection film is arranged on an outermost surface of the coating film (Mappes para. [0009], [0088], [0089]).
As to claim 9, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches for each defocusing area of the plurality of defocusing areas, the lens substrate underlying the defocusing area is configured to cause an incoming pencil of rays that travel in a light traveling to converge, in the absence of the defocusing area, at the position A (Mappes Fig. 10 - 105; para. [0144], [0146], [0171] - spectacle base lens (105) having distance power; Fig. 11).
As to claim 10, Mappes teaches a method for manufacturing an eyeglass lens configured to cause a first pencil of rays that travel in a light traveling direction and enter the eyeglass lens at an object side of the eyeglass lens from an eyeball side of the eyeglass lens and converge at a predetermined position A, (Mappes para. [0040]; Fig. 7 - 73, 74; para. [0140] - as discussed, the spectacle lenses have multiple powers), the method comprising
providing a hard coat on a lens substrate (Mappes Fig. 10 - 106; para. [0144] - hard coat (106) being directly on substrate (105) above and below multifocal structure (101));
and adding a structure on the hard coat (Mappes Fig. 10 - 101), the structure is a coating film provided with a plurality of defocusing areas so that a pencil of rays incident on each of the defocusing areas converge at a corresponding one of a plurality of positions B that are different from the position A for fulfilling a prescription of a wearer (Mappes Figs. 1-7; para. [0113]-[0114]; Fig. 7 - 74; para. [0040], [0140]);
and the coating film is made of a material that is different from a material of the lens substrate (Mappes Fig. 10 - 101, 105; para. [0005]; Table 1; para. [0057], [0076] - as discussed, the base material being various known materials of Table 1 and the structure (101) material including various nanoparticle matrix materials to set the desired focal power).
the position A is at the retina (Mappes Fig. 7 - 74).
While Mappes teaches the position B is different from position A (Mappes Fig. 7 - 73, 74), Mappes does not specify the/additional defocusing areas are set to converge the light B not at the retina
In the same field of endeavor To teaches a spectacle lens having defocusing areas so a pencil of rays incident converge at a position B not at the retina different from a predetermined position A at the retina to suppress progression of refractive error (To Fig. 5a - 51, 53, 54, 52; para. [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide suppression of progression of refractive error since, as taught by To, such function is well known in the art for slowing myopia progression (To Fig. 5a; para. [0037).
As to claim 12, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 10, and Mappes further teaches the coating film is a transparent sheet (Mappes Figs. 1-7; para. [0113]-[0114]), and the coating comprises bonding the sheet to the lens substrate provided with the hard coat (Mappes Fig. 10 - 101, 105, 106).
As to claim 14, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 10, and Mappes further teaches each defocusing area of the plurality of defocusing areas includes a plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]), the plurality of concentric annular ring zones being arranged to form steps between adjacent ring zones among the plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]).
As to claims 15, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claims 14, and To further teaches eyeglasses having defocusing areas as concentric zones forming a Fresnel pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a Fresnel pattern since, as taught by To, Fresnel patterns are well known in the art for creating first and second refractive powers (To para. [0012]).
As to claim 16, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 14, and To further teaches eyeglass lenses having defocusing areas as concentric zones forming a diffraction pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0035]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a diffraction pattern since, as taught by To, diffraction patterns are well known in the art for creating first and second refractive powers (To para. [0012], [0035]).
As to claim 22, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each of the defocusing areas has a convex portion (Mappes Fig. 5B - 53c, 54c; para. [0136]).
As to claim 23, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the defocusing areas have a diameter of about 0.8 to 2.0mm in plan view (Mappes Figs. 1-7; para. [0090]).
As to claim 24, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each position B is closer than the position A to the object side (Mappes Fig. 7; para. [0139]-[0140] - near vs. far distance power; To Fig. 5a - 54, 52).
As to claim 25, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches a base portion having a function to cause a pencil of rays entering from the object side surface to converge at the position A on the retina of the wearer (Mappes Fig. 10 - 105; para. [0144], [0146], [0171] - spectacle base lens (105) having the distance power; Fig. 11).
As to claim 26, Mappes in view of To teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the lens substrate comprises a convex portion (Mappes Fig. 10 - 103, 105).
Claims 1, 3-6, 8-10, 12, 14-16, 22-26 rejected under 35 U.S.C. 103 as being unpatentable over Mappes (cited above) in view of To et al. (US 2017/0131567 - herein US 567; of record).
As to claim 1, Mappes teaches an eyeglass lens (Mappes Fig. 10; Fig. 11), configured to cause a first pencil of rays that travel in a light traveling direction and enter the eyeglass lens at an object side of the eyeglass lens from an eyeball side of the eyeglass lens and converge at a predetermined position A (Mappes para. [0040]; Fig. 7 - 73, 74; para. [0140] - as discussed, the spectacle lenses have multiple powers), the eyeglass lens comprising
a lens substrate (Mappes Fig. 10 - 105; para. [0144]);
a hard coat provided on the lens substrate (Mappes Fig. 10 - 106; para. [0144] - hard coat (106) being directly on substrate (105) above and below multifocal structure (101));
a structure added on the hard coat (Mappes Fig. 10 - 101), wherein the structure is a coating film provided with a plurality of defocusing areas so that a pencil of rays incident on each of the defocusing areas converge at a corresponding one of a plurality of positions B that are different from the position A for fulling a prescription of a wearer (Mappes Figs. 1-7; para. [0113]-[0114]; Fig. 7 - 74; para. [0040], [0140]);
and the coating film is made of a material that is different from a material of the lens substrate (Mappes Fig. 10 - 101, 105; para. [0005]; Table 1; para. [0057], [0076] - as discussed, the base material being various known materials of Table 1 and the structure (101) material including various nanoparticle matrix materials to set the desired focal power);
the position A is at the retina (Mappes Fig. 7 - 74).
While Mappes teaches the position B is different from position A (Mappes Fig. 7 - 73, 74), Mappes does not specify the/additional defocusing areas are set to converge the light B not at the retina
In the same field of endeavor US 567 teaches a spectacle lens having defocusing areas so a pencil of rays incident converge at a position B not at the retina different from a predetermined position A at the retina to suppress progression of refractive error (US 567 Fig. 4; Figs. 5, 6; para. [0028], [0029], [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide suppression of progression of refractive error since, as taught by To, such function is well known in the art for slowing myopia progression (US 567 Fig. 4; Figs. 5, 6; para. [0028], [0029], [0051]).
As to claim 3, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the coating film is a transparent layer made of the material that is different from the material of the lens substrate (Mappes Figs. 1-7; para. [0113]-[0114]).
As to claim 4, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each defocusing area of the plurality of defocusing areas includes a plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]), the plurality of concentric annular ring zones being arranged to form steps between adjacent ring zones among the plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]).
As to claims 5, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claims 4, and To further teaches eyeglasses having defocusing areas as concentric zones forming a Fresnel pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a Fresnel pattern since, as taught by To, Fresnel patterns are well known in the art for creating first and second refractive powers (To para. [0012]).
As to claim 6, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 4, and To further teaches eyeglass lenses having defocusing areas as concentric zones forming a diffraction pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0035]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a diffraction pattern since, as taught by To, diffraction patterns are well known in the art for creating first and second refractive powers (To para. [0012], [0035]).
As to claim 8, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches an antireflection film is arranged on an outermost surface of the coating film (Mappes para. [0009], [0088], [0089]).
As to claim 9, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches for each defocusing area of the plurality of defocusing areas, the lens substrate underlying the defocusing area is configured to cause an incoming pencil of rays that travel in a light traveling to converge, in the absence of the defocusing area, at the position A (Mappes Fig. 10 - 105; para. [0144], [0146], [0171] - spectacle base lens (105) having distance power; Fig. 11).
As to claim 10, Mappes teaches a method for manufacturing an eyeglass lens configured to cause a first pencil of rays that travel in a light traveling direction and enter the eyeglass lens at an object side of the eyeglass lens from an eyeball side of the eyeglass lens and converge at a predetermined position A, (Mappes para. [0040]; Fig. 7 - 73, 74; para. [0140] - as discussed, the spectacle lenses have multiple powers), the method comprising
providing a hard coat on a lens substrate (Mappes Fig. 10 - 106; para. [0144] - hard coat (106) being directly on substrate (105) above and below multifocal structure (101));
and adding a structure on the hard coat (Mappes Fig. 10 - 101), the structure is a coating film provided with a plurality of defocusing areas so that a pencil of rays incident on each of the defocusing areas converge at a corresponding one of a plurality of positions B that are different from the position A for fulfilling a prescription of a wearer (Mappes Figs. 1-7; para. [0113]-[0114]; Fig. 7 - 74; para. [0040], [0140]);
and the coating film is made of a material that is different from a material of the lens substrate (Mappes Fig. 10 - 101, 105; para. [0005]; Table 1; para. [0057], [0076] - as discussed, the base material being various known materials of Table 1 and the structure (101) material including various nanoparticle matrix materials to set the desired focal power).
the position A is at the retina (Mappes Fig. 7 - 74).
While Mappes teaches the position B is different from position A (Mappes Fig. 7 - 73, 74), Mappes does not specify the/additional defocusing areas are set to converge the light B not at the retina
In the same field of endeavor US 567 teaches a spectacle lens having defocusing areas so a pencil of rays incident converge at a position B not at the retina different from a predetermined position A at the retina to suppress progression of refractive error (US 567 Fig. 4; Figs. 5, 6; para. [0028], [0029], [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide suppression of progression of refractive error since, as taught by To, such function is well known in the art for slowing myopia progression (US 567 Fig. 4; Figs. 5, 6; para. [0028], [0029], [0051]).
As to claim 12, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 10, and Mappes further teaches the coating film is a transparent sheet (Mappes Figs. 1-7; para. [0113]-[0114]), and the coating comprises bonding the sheet to the lens substrate provided with the hard coat (Mappes Fig. 10 - 101, 105, 106).
As to claim 14, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 10, and Mappes further teaches each defocusing area of the plurality of defocusing areas includes a plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]), the plurality of concentric annular ring zones being arranged to form steps between adjacent ring zones among the plurality of concentric annular ring zones (Mappes Fig. 3 - 21a…21d; 21x…21z; 22a-22b; 22x…22z; para. [0148]).
As to claims 15, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claims 14, and To further teaches eyeglasses having defocusing areas as concentric zones forming a Fresnel pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a Fresnel pattern since, as taught by To, Fresnel patterns are well known in the art for creating first and second refractive powers (To para. [0012]).
As to claim 16, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 14, and To further teaches eyeglass lenses having defocusing areas as concentric zones forming a diffraction pattern (To Figs. 4a, 4b - 41, 42, 43, 44; para. [0035]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a diffraction pattern since, as taught by To, diffraction patterns are well known in the art for creating first and second refractive powers (To para. [0012], [0035]).
As to claim 22, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each of the defocusing areas has a convex portion (Mappes Fig. 5B - 53c, 54c; para. [0136]).
As to claim 23, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the defocusing areas have a diameter of about 0.8 to 2.0mm in plan view (Mappes Figs. 1-7; para. [0090]).
As to claim 24, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches each position B is closer than the position A to the object side (Mappes Fig. 7; para. [0139]-[0140] - near vs. far distance power; To Fig. 5a - 54, 52).
As to claim 25, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches a base portion having a function to cause a pencil of rays entering from the object side surface to converge at the position A on the retina of the wearer (Mappes Fig. 10 - 105; para. [0144], [0146], [0171] - spectacle base lens (105) having the distance power; Fig. 11).
As to claim 26, Mappes in view of US 567 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Mappes further teaches the lens substrate comprises a convex portion (Mappes Fig. 10 - 103, 105).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 February 6, 2026