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 .
DETAILED ACTION
Response to Amendment
The amendment filed on 02/24/2026 has been entered. Claims 7-9, 11-14 and 20-21 remain pending in the application. No claims were amended by the Applicant.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 200, 214, acknowledgement is made of applicant’s claim for priority based on application National Stage entry of PCT/EP2019/076275 , International Filing Date: 09/27/2019 claims foreign priority to EP 18306285.0, filed 09/28/2018 (Europe).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7-9, 11-14 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Dubois et al. (hereafter Dubois, of record) 20160011434 in view of Dubois et al. (hereafter Dubois 414, of record as WO 2014131878 A1) US 20160001414 A1, and further in view of Beier et al. (hereafter Beier) US 20210220958 A1.
In regard to independent claim 7, Dubois teaches (see Figs. 1-9) a method for manufacturing an optical lens (a method of manufacturing an ophthalmic lens starting from optical lens with reference system identified by at least one referencing element, see Abstract, paragraphs [02, 12, 17-19, 39, 42, 45-49, 79, 81-82, 121, 130-141]) the method comprising:
providing (S1-S2) a semi-finished lens (10, paragraphs [73-78, 109-111,115-116], Fig. 6) comprising
a first optical surface comprising a surface design associated with a first reference system (first surface/face 11 with surface design associated with the reference system, paragraphs [72-79, 83]),
a second optical surface to be manufactured (second surface/face 12 to be manufactured becomes finished surface face 13, paragraphs [82, 74, 78]), the first and second optical surfaces being connected by an external periphery surface (first and second optical faces are connected by an external periphery surface 14, paragraphs [74]), and
a reference element (reference element 111, 112 or 113, paragraphs [75-79,83-85, 97-98, 106]) on one or more of (i) the second optical surface (e.g. 12), and (ii) the external periphery surface (14), a position of the reference element being defined with respect to the first reference system (i.e. 111 position defined with respect to the reference system, paragraphs [83-84, 75]);
providing surface data (surface data see e.g. paragraphs [100-101, 131]) corresponding to the second optical surface (second face/surface 12, paragraphs [100-101, 131]) of the optical lens to be manufactured (i.e. of 10, paragraphs [100-101, 81-82, 121, 130-141]);
fixedly positioning the first optical surface (12) of the semi-finished lens (10) in a machining device in a blocking position (i.e. positioning surface 11 of 10 in provided blocking device/blocker for manufacturing, e.g. S3, S4, paragraphs [112-113, 117-119,121-123], Figs. 6-8) with respect to a machining reference system of the machining device (i.e. with respect to blocker reference system, paragraphs [118-120]);
determining the position of the reference element (S5, 111) of the semi-finished lens (10) in the machining reference system (blocking reference system) while the first optical surface (11) is in the blocking position (i.e. as blocking position of 111 of 10 is determined(measured) with respect to the blocker reference system using the referencing element 111 as 11 is in blocker, e.g. using 36, where position and orientation of the surface of a face of optical lens member, its position and orientation is defined in reference system, as three-dimensional coordinate reference system, see paragraphs [29, 35, 75-79,120-121, 124-128]),
determining the position of the first optical surface (11 of 10) in the machining reference system (blocking reference system, where the ) using the determined position of the reference element (111 of 10) in the machining reference system (i.e. as blocking position of lens 10 first face 11 is determined using referencing element 111 in the blocker reference system which is three-dimensional coordinate reference system, see paragraphs [29,35,124-128, 119-120,129-131, 83-84, 75-79]); and
manufacturing the second optical surface (12, as 12 modified by a manufacturing method to provide e.g. the back face 13 of the finished optical lens based on position/orientation with respect to the reference system identified/defined by the referencing element 111, paragraphs [130-132, 78, 83]) according to the surface data (surface/optical data, paragraphs [100-101, 130-131, 134]) so that the second optical surface (12) is orientated with respect to the determined position of the first optical surface (11 of 10) in the machining reference system (i.e. as 12 is manufactured into 13 according to surface/optical data as the 12 is oriented with respect to position of 11 of 10 in blocker reference system, see paragraphs [130-132, 135,124-129,120], Figs. 3-7).
Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but Dubois is silent to specifically disclose that the reference element (111, 112 or 113) provided on the second optical surface, and measuring tridimensional coordinates of the reference element using a mechanical probe, and that the determining the position of the reference element (e.g. 111, 112) is based on the measured tridimensional coordinates of the reference element (i.e. as noted the position of 111 of 10 in blocker reference coordinate three-dimensional system in blocking position is measured and determined, see paragraphs [35,120-121, 124-128], but this measurement determination was not specifically done using a mechanical probe).
However, Dubois 414 teaches in the same family of inventions (see Figs. 1-9, title, abstract, paragraphs [12-15]) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (paragraphs [12-18, 33-50, 74-95]) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system paragraphs [12-18, 33-50, 74-95]). Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view.
Further Beier teaches in the same field of invention method for manufacturing an optical system with an optical component made of a brittle-hard material (see Figs. 1-10, Title, Abstract, e.g., paragraphs [02,06-16, 34-44]) and further teaches measuring tridimensional coordinates of the reference element using a mechanical probe (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 using measuring machine which measures the shape and position of elements on the optical component 1, including reference elements 14, 5’, by means of a tactile measuring method with a measuring machine having measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6) and that the determining the position of the reference element is based on the measured tridimensional coordinates of the reference element (i.e. as position determination of 1 and its position elements is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the determining blocking position of lens first face and referencing element of Dubois-Dubois 414 to include measuring tridimensional coordinates of the reference element (of Dubois as modified) using tactile measuring method with measuring machine having measuring head and a probe to determine the position of the reference element based on the measured coordinates of the reference element according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
Regarding claim 8, the Dubois-Dubois 414 combination teaches the method and invention as set forth above, and Dubois teaches (see Figs. 1-9) further comprising providing the position of the second optical surface (12 of 10) to be manufactured relative to the first optical surface (11) in the first reference system (as 12 is manufactured relative to 11 in reference system, see paragraphs [138-140,78]).
Regarding claim 9, the Dubois-Dubois 414 combination teaches the method and invention as set forth above, and Dubois teaches (see Figs. 1-9) further comprising determining the position of the reference element (111) relative to the first optical surface (11, see paragraphs [132-131]).
Regarding claim 11, the Dubois-Dubois 414 combination teaches the method and invention as set forth above, and Dubois teaches (see Figs. 1-9) a non-transitory computer readable medium on which is stored one or more sequences of instructions that are accessible to a processor and which, when executed by the processor, causes the processor to carry out the method of claim 7 (i.e. as computer program product comprising stored sequences of instructions that are accessible to a processor and which, when executed by the processor, causes the processor to carry out the steps of the method according to an embodiment of the invention, e.g. paragraphs [53, 57-59]).
In regard to independent claim 12, Dubois teaches (see Figs. 1-9) a machining device or manufacturing an optical lens (machining device with tool(s), 30, 20, for manufacturing an ophthalmic lens starting from optical lens 10 with reference system identified by at least one referencing element 111, see Figs. 7-8, Abstract, paragraphs [02, 12, 17-19, 39, 42, 45-49, 79, 81-82, 121-123, 130-141]), the machining device having a machining reference system (i.e. blocker reference system, e.g. paragraphs [118-120]), the machining device (30, 20) comprising:
a blocking system (i.e. blocker e.g. paragraphs [109, 118-123]) configured to fixedly position the first optical surface of a semi-finished lens (10, paragraphs [73-78, 109-111,115-116]) in a machining device (30,20, see preamble above) in a blocking position with respect to the machining reference system (i.e. positioning surface 11 of 10 in provided blocking device/blocker for manufacturing/machining with respect to blocker reference system, paragraphs [112-113, 117-119,121-123], Figs. 6-8), the semi-finished lens (10) comprising
a first optical surface comprising a surface design associated with a first reference system (first surface/face 11 with surface design associated with the reference system, paragraphs [72-79, 83]),
a second optical surface to be manufactured (second surface/face 12 to be manufactured becomes finished surface face 13, paragraphs [82, 74, 78]),
the first and second optical surfaces being connected by an external periphery surface (first and second optical faces are connected by an external periphery surface 14, paragraphs [74]), and
a reference element (reference element 111, 112 or 113, paragraphs [75-79,83-85, 97-98, 106]) on one or more of (i) the second optical surface (e.g. 12), and (ii) the external periphery surface (14), a position of the reference element being defined with respect to the first reference system (i.e. 111 position defined with respect to the reference system, paragraphs [83-84, 75]);
a position tool comprising a probe (e.g. 36, paragraphs [125-126]) configured measure the reference element to determine the position of the reference element of the semi-finished lens in the machining reference system while the first optical surface is in the blocking position (i.e.as blocking position of 111 of 10 is determined(measured) using 36 which is camera probe, with respect to the blocker reference system using the referencing element 111 as 11 of 10 is in blocker, see paragraphs [120-121, 124-128]);
a processor (processor, paragraphs [53, 57-59) configured to determine the position of the first optical surface (11) in the machining reference system (blocking reference system) using the measured position of the reference element (111 of 10) in the machining reference system (i.e. as blocking position of lens 10 first face 11 is determined/calculated by processor using referencing element 111 in the blocker reference system, see paragraphs [124-128, 120,129-131, 83-84]); and
a machining tool (machining tool, e.g. paragraphs [78,121-123, 130-131]) configured to manufacture by machining the second optical surface (12, as 12 modified by manufacturing i.e. machining to provide e.g. the back face 13 of the finished optical lens based, see paragraphs [130-132, 78, 83]) according to the surface data (surface/optical data, paragraphs [100-101, 130-131, 134]) corresponding to the second optical surface of the optical lens to be manufactured (12(13) of 10) so that the second optical surface is positioned with respect to the determined position of the first optical surface in the machining reference system (i.e. as 12 is manufactured into 13 according to surface/optical data as the 12 is oriented with respect to position of 11 of 10 in blocker reference system, see paragraphs [130-132, 135,124-129,120], Figs. 3-7).
Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but Dubois fails to specifically disclose that the reference element (111, 112 or 113) provided on the second optical surface, and specifically that the probe is configured to measure tridimensional coordinates of the reference element and that position of the first optical surface is determined using the measured tridimensional coordinate of the reference element.
However, Dubois 414 teaches in the same family of inventions (see Figs. 1-9, title, abstract) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (page 7, lines 30-33) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system (see page 8, lines 21-34 and page 9, lines 9-20). Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view.
Further Beier teaches in the same field of invention method for manufacturing an optical system with an optical component made of a brittle-hard material (see Figs. 1-10, Title, Abstract, e.g., paragraphs [02,06-16, 34-44]) and further teaches that the probe is configured to measure tridimensional coordinates of the reference element (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 (X,Y,Z, in Figs. 1A,B) using measuring machine configured to measure the shape and position of elements on the optical component 1, including reference elements 14, 5’, with tactile probe in measuring machine configured with measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6) and that position of the first optical surface is determined using the measured tridimensional coordinate of the reference element (i.e. as position determination of 1 and its position elements and optical surface 2 is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the position tool to include the tactile probe and configure the processor determining the position of the first face in the machine reference system of Dubois-Dubois 414 to include probe is configured to measure tridimensional coordinates of the reference element, and processor configuration where the position of the first optical surface is determined using the measured tridimensional coordinate of the reference element (with the tactile probe) according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further, as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
Regarding claim 13, the Dubois-Dubois 414 combination teaches the invention as set forth above, and Dubois teaches (see Figs. 1-9) that the blocking system (blocker, 20 of 30) comprises a clamp (35, paragraphs [122-124], Fig. 8) configured to clamp the semi- finished lens in the blocking position, the clamp defining the machining reference system (35 for 10 in blocking position of blocker reference system, e.g. paragraphs [119-124]).
Regarding claim 14, the Dubois-Dubois 414 combination teaches the invention as set forth above, and Dubois teaches (see Figs. 1-9) that the position tool (36) comprises a digital camera configured to acquire images of the reference element through the semi-finished lens in the blocking position (i.e. imaging of 111 of 10 in blocking position, see paragraphs [120-122, 126], Fig. 8), and wherein the processor (processor )is further configured to determine the position of the reference element in the machining reference system (111 in blocker reference system) using the images acquired by the camera while the first optical surface is in the blocking position (i.e.as blocking position of 111 of 10 in blocker is determined (measured/calculated) with processor using images from 36, with respect to the blocker reference system using the referencing element 111 as 11 of 10 is in blocker, see paragraphs [120-121, 124-128]).
In regard to independent claim 20, Dubois teaches (see Figs. 1-9) a method for manufacturing an optical lens (a method of manufacturing an ophthalmic lens starting from optical lens with reference system identified by at least one referencing element, see Abstract, paragraphs [02, 12, 17-19, 39, 42, 45-49, 79, 81-82, 121, 130-141]) the method comprising:
providing (S1-S2) a semi-finished lens (10, paragraphs [73-78, 109-111,115-116], Fig. 6) including
a first optical surface comprising a surface design associated with a first reference system (first surface/face 11 with surface design associated with the reference system, paragraphs [72-79, 83]),
a second optical surface to be manufactured (second surface/face 12 to be manufactured becomes finished surface face 13, paragraphs [82, 74, 78]),
the first and second optical surfaces being connected by an external periphery surface (first and second optical faces are connected by an external periphery surface 14, paragraphs [74]), and
a reference element (reference element 111, 112 or 113, paragraphs [75-79,83-85, 97-98, 106]) on at least partially the second optical surface to be manufactured (e.g. 12), a position of the reference element being defined with respect to the first reference system (i.e. 111 position defined with respect to the reference system, paragraphs [83-84, 75]);
providing surface data (surface data see e.g. paragraphs [100-101, 131]) corresponding to the second optical surface (second face/surface 12, paragraphs [100-101, 131]) of the optical lens to be manufactured (i.e. of 10, paragraphs [100-101, 81-82, 121, 130-141]);
fixedly positioning the first optical surface (12) of the semi-finished lens (10) in a machining device in a blocking position (i.e. positioning surface 11 of 10 in provided blocking device/blocker for manufacturing, e.g. S3, S4, paragraphs [112-113, 117-119,121-123], Figs. 6-8) with respect to a machining reference system of the machining device (i.e. with respect to blocker reference system, paragraphs [118-120]);
determining the position of the reference element (S5, 111) of the semi-finished lens (10) in the machining reference system (blocking reference system) while the first optical surface (11) is in the blocking position (i.e. as blocking position of 111 of 10 is determined(measured) with respect to the blocker reference system using the referencing element 111 as 11 is in blocker, e.g. using 36, see paragraphs [120-121, 124-128]);
determining the position of the first optical surface (11 of 10) in the machining reference system (blocking reference system) using the determined position of the reference element (111 of 10) in the machining reference system (i.e. as blocking position of lens 10 first face 11 is determined using referencing element 111 in the blocker reference system, see paragraphs [124-128, 120,129-131, 83-84]); and
manufacturing the second optical surface (12, as 12 modified by a manufacturing method to provide e.g. the back face 13 of the finished optical lens based on position/orientation with respect to the reference system identified/defined by the referencing element 111, paragraphs [130-132, 78, 83]) according to the surface data (surface/optical data, paragraphs [100-101, 130-131, 134]) so that the second optical surface (12) is orientated with respect to the determined position of the first optical surface (11 of 10) in the machining reference system (i.e. as 12 is manufactured into 13 according to surface/optical data as the 12 is oriented with respect to position of 11 of 10 in blocker reference system, see paragraphs [130-132, 135,124-129,120], Figs. 3-7).
Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but Dubois fails to specifically disclose that the reference element (111, 112 or 113) provided on at least partially the second optical surface, and measuring tridimensional coordinates of the reference element using a mechanical probe, and that the determining the position of the reference element (e.g. 111, 112) is based on the measured tridimensional coordinates of the reference element (i.e. as noted the position of 111 of 10 in blocker reference coordinate three-dimensional system in blocking position is measured and determined, see paragraphs [35,120-121, 124-128], but this measurement determination was not specifically done using a mechanical probe).
However, Dubois 414 teaches in the same family of inventions (see Figs. 1-9, title, abstract) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (page 7, lines 30-33) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system (see page 8, lines 21-34 and page 9, lines 9-20).
Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view.
Further Beier teaches in the same field of invention method for manufacturing an optical system with an optical component made of a brittle-hard material (see Figs. 1-10, Title, Abstract, e.g., paragraphs [02,06-16, 34-44]) and further teaches measuring tridimensional coordinates of the reference element using a mechanical probe (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 using measuring machine which measures the shape and position of elements on the optical component 1, including reference elements 14, 5’, by means of a tactile measuring method with a measuring machine having measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6) and that the determining the position of the reference element is based on the measured tridimensional coordinates of the reference element (i.e. as position determination of 1 and its position elements is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the determining blocking position of lens first face and referencing element of Dubois-Dubois 414 to include measuring tridimensional coordinates of the reference element (of Dubois as modified) using tactile measuring method with measuring machine having measuring head and a probe to determine the position of the reference element based on the measured coordinates of the reference element according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
In regard to independent claim 21, Dubois teaches (see Figs. 1-9) a machining device or manufacturing an optical lens (machining device with tool(s), 30, 20, for manufacturing an ophthalmic lens starting from optical lens 10 with reference system identified by at least one referencing element 111, see Figs. 7-8, Abstract, paragraphs [02, 12, 17-19, 39, 42, 45-49, 79, 81-82, 121-123, 130-141]), the machining device having a machining reference system (i.e. blocker reference system, e.g. paragraphs [118-120]), the machining device (30, 20) comprising:
a blocking system (i.e. blocker e.g. paragraphs [109, 118-123]) configured to fixedly position the first optical surface of a semi-finished lens (10, paragraphs [73-78, 109-111,115-116]) in a machining device (30,20, see preamble above) in a blocking position with respect to the machining reference system (i.e. positioning surface 11 of 10 in provided blocking device/blocker for manufacturing/machining with respect to blocker reference system, paragraphs [112-113, 117-119,121-123], Figs. 6-8), the semi-finished lens (10) including
a first optical surface comprising a surface design associated with a first reference system (first surface/face 11 with surface design associated with the reference system, paragraphs [72-79, 83]),
a second optical surface to be manufactured (second surface/face 12 to be manufactured becomes finished surface face 13, paragraphs [82, 74, 78]),
the first and second optical surfaces being connected by an external periphery surface (first and second optical faces are connected by an external periphery surface 14, paragraphs [74]), and
a reference element (reference element 111, 112 or 113, paragraphs [75-79,83-85, 97-98, 106]) on at least partially the second optical surface (e.g. 12), to be manufactured, a position of the reference element being defined with respect to the first reference system (i.e. 111 position defined with respect to the reference system, paragraphs [83-84, 75]);
a position tool comprising a probe (e.g. 36, paragraphs [125-126]) configured measure the reference element and determine the position of the reference element of the semi-finished lens in the machining reference system while the first optical surface is in the blocking position (i.e.as blocking position of 111 of 10 is determined(measured) using 36 which is camera probe, with respect to the blocker reference system using the referencing element 111 as 11 of 10 is in blocker, see paragraphs [120-121, 124-128]);
a processor (processor, paragraphs [53, 57-59) configured to determine the position of the first optical surface (11) in the machining reference system (blocking reference system) using the measured position of the reference element (111 of 10) in the machining reference system (i.e. as blocking position of lens 10 first face 11 is determined/calculated by processor using referencing element 111 in the blocker reference system, see paragraphs [124-128, 120,129-131, 83-84]); and
a machining tool (machining tool, e.g. paragraphs [78,121-123, 130-131]) configured to manufacture by machining the second optical surface (12, as 12 modified by manufacturing i.e. machining to provide e.g. the back face 13 of the finished optical lens based, see paragraphs [130-132, 78, 83]) according to the surface data (surface/optical data, paragraphs [100-101, 130-131, 134]) corresponding to the second optical surface of the optical lens to be manufactured (12(13) of 10) so that the second optical surface is positioned with respect to the determined position of the first optical surface in the machining reference system (i.e. as 12 is manufactured into 13 according to surface/optical data as the 12 is oriented with respect to position of 11 of 10 in blocker reference system, see paragraphs [130-132, 135,124-129,120], Figs. 3-7).
Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but Dubois fails to specifically disclose that the reference element (111, 112 or 113) provided on at least partially second optical surface, and specifically that the probe is configured to measure tridimensional coordinates of the reference element and that position of the first optical surface is determined using the measured tridimensional coordinate of the reference element.
However, Dubois 414 teaches in the same family of inventions (see Figs. 1-9, title, abstract) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (page 7, lines 30-33) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system (see page 8, lines 21-34 and page 9, lines 9-20). Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view.
Further Beier teaches in the same field of invention method for manufacturing an optical system with an optical component made of a brittle-hard material (see Figs. 1-10, Title, Abstract, e.g., paragraphs [02,06-16, 34-44]) and further teaches that the probe is configured to measure tridimensional coordinates of the reference element (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 (X,Y,Z, in Figs. 1A,B) using measuring machine configured to measure the shape and position of elements on the optical component 1, including reference elements 14, 5’, with tactile probe in measuring machine configured with measuring head 17 and a probe 18, paragraphs [34-35,39,49-51], e.g. Figs. 1, 3, 6) and that position of the first optical surface is determined using the measured tridimensional coordinate of the reference element (i.e. as position determination of 1 and its position elements and optical surface 2 is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,39,49-51], e.g. Figs. 1, 3, 6).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the position tool to include the tactile probe and configure the processor determining the position of the first face in the machine reference system of Dubois-Dubois 414 to include probe is configured to measure tridimensional coordinates of the reference element, and processor configuration where the position of the first optical surface is determined using the measured tridimensional coordinate of the reference element (with the tactile probe) according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further, as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
Response to Arguments
Applicant's arguments filed in the Remarks dated 02/27/2026 regarding claim 7 and to extent claims 12, 20, 21 have been fully considered but are not persuasive.
Applicant argues on pages 4-6 of the Remarks that the cited prior art of Dubois, Dubois ‘878 and Beier does not disclose or render obvious the claimed limitations in claims 7 (as well as 12, 20-21) namely that (1) “measuring tridimensional coordinates of the reference element” [that is provided on one or more of (i) the second optical surface, and (ii) the external periphery surface], and the “determining the position of the reference element of the semi-finished lens in the machining reference system while the first optical surface is in the blocking position based on the measured tridimensional coordinates of the
reference element”, because as acknowledged Dubois-Dubois ‘878 does not disclose such measurement of tridimensional coordinates of the reference element and determining the position of the reference element based on the measured tridimensional coordinates of the reference element, and since Beier allegedly does not disclose the entire claimed limitations under issue (1) above, and does not disclose the measurement of tridimensional coordinates of the reference element and determining the position of the reference element based on the measured tridimensional coordinates of the reference element, because allegedly the mechanical probe measurement of optical component is for reference elements 14, 5’ are part of blocking device and not part of the optical component. The examiner respectfully disagrees. With respect to the above issue (1), as noted in the rejection(s) above, the cited prior art of Dubois teaches most of the claim limitations of claim 1 and in combination with Dubois ‘878 and Brier teaches and renders obvious all limitations of claim 1, as Dubois teaches (see Figs. 1-9) a method for manufacturing an optical lens (a method of manufacturing an ophthalmic lens starting from optical lens with reference system identified by at least one referencing element, see Abstract, paragraphs [02, 12, 17-19, 39, 42, 45-49, 79, 81-82, 121, 130-141]) the method comprising:
providing (S1-S2) a semi-finished lens (10, paragraphs [73-78, 109-111,115-116], Fig. 6) comprising
a first optical surface comprising a surface design associated with a first reference system (first surface/face 11 with surface design associated with the reference system, paragraphs [72-79, 83]),
a second optical surface to be manufactured (second surface/face 12 to be manufactured becomes finished surface face 13, paragraphs [82, 74, 78]), the first and second optical surfaces being connected by an external periphery surface (first and second optical faces are connected by an external periphery surface 14, paragraphs [74]), and
a reference element (reference element 111, 112 or 113, paragraphs [75-79,83-85, 97-98, 106]) on one or more of (i) the second optical surface (e.g. 12), and (ii) the external periphery surface (14), a position of the reference element being defined with respect to the first reference system (i.e. 111 position defined with respect to the reference system, paragraphs [83-84, 75]);
providing surface data (surface data see e.g. paragraphs [100-101, 131]) corresponding to the second optical surface (second face/surface 12, paragraphs [100-101, 131]) of the optical lens to be manufactured (i.e. of 10, paragraphs [100-101, 81-82, 121, 130-141]);
fixedly positioning the first optical surface (12) of the semi-finished lens (10) in a machining device in a blocking position (i.e. positioning surface 11 of 10 in provided blocking device/blocker for manufacturing, e.g. S3, S4, paragraphs [112-113, 117-119,121-123], Figs. 6-8) with respect to a machining reference system of the machining device (i.e. with respect to blocker reference system, paragraphs [118-120]);
determining the position of the reference element (S5, 111) of the semi-finished lens (10) in the machining reference system (blocking reference system) while the first optical surface (11) is in the blocking position (i.e. as blocking position of 111 of 10 is determined(measured) with respect to the blocker reference system using the referencing element 111 as 11 is in blocker, e.g. using 36, where position and orientation of the surface of a face of optical lens member, its position and orientation is defined in reference system, as three-dimensional coordinate reference system, see paragraphs [29, 35, 75-79,120-121, 124-128]),
determining the position of the first optical surface (11 of 10) in the machining reference system (blocking reference system, where the ) using the determined position of the reference element (111 of 10) in the machining reference system (i.e. as blocking position of lens 10 first face 11 is determined using referencing element 111 in the blocker reference system which is three-dimensional coordinate reference system, see paragraphs [29,35,124-128, 119-120,129-131, 83-84, 75-79]); and
manufacturing the second optical surface (12, as 12 modified by a manufacturing method to provide e.g. the back face 13 of the finished optical lens based on position/orientation with respect to the reference system identified/defined by the referencing element 111, paragraphs [130-132, 78, 83]) according to the surface data (surface/optical data, paragraphs [100-101, 130-131, 134]) so that the second optical surface (12) is orientated with respect to the determined position of the first optical surface (11 of 10) in the machining reference system (i.e. as 12 is manufactured into 13 according to surface/optical data as the 12 is oriented with respect to position of 11 of 10 in blocker reference system, see paragraphs [130-132, 135,124-129,120], Figs. 3-7).
Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but Dubois is silent to specifically disclose that the reference element (111, 112 or 113) provided on the second optical surface, and measuring tridimensional coordinates of the reference element using a mechanical probe, and that the determining the position of the reference element (e.g. 111, 112) is based on the measured tridimensional coordinates of the reference element (i.e. as noted the position of 111 of 10 in blocker reference coordinate three-dimensional system in blocking position is measured and determined, see paragraphs [35,120-121, 124-128], but this measurement determination was not specifically done using a mechanical probe).
However, Dubois (878) ‘414 teaches in the same family of inventions (see Figs. 1-9, title, abstract, paragraphs [12-15]) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (paragraphs [12-18, 33-50, 74-95]) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system paragraphs [12-18, 33-50, 74-95]). Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view.
Further Beier teaches in the same field of invention method for manufacturing an optical system with an optical component made of a brittle-hard material (see Figs. 1-10, Title, Abstract, e.g., paragraphs [02,06-16, 34-44]) and further teaches measuring tridimensional coordinates of the reference element using a mechanical probe (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 using measuring machine which measures the shape and position of elements on the optical component 1, including reference elements 14, 5’, by means of a tactile measuring method with a measuring machine having measuring head 17 and a probe 18, paragraphs [34-35,39-40,49-51], e.g. Figs. 1, 3, 6) and that the determining the position of the reference element is based on the measured tridimensional coordinates of the reference element (i.e. as position determination of 1 and its position elements is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,39-40,49-51], e.g. Figs. 1, 3, 6).
Thus, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the determining blocking position of lens first face and referencing element of Dubois-Dubois 414 to include measuring tridimensional coordinates of the reference element (of Dubois as modified) using tactile measuring method with measuring machine having measuring head and a probe to determine the position of the reference element based on the measured coordinates of the reference element according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
Specifically, as noted Dubois teaches that the reference marks are embedded in the surface (e.g. 111, 112, 113 in surfaces 11, 12 as depicted in Figs. 1, 4), but not specifically that the reference element (111, 112 or 113) provided on the second optical surface, and measuring tridimensional coordinates of the reference element using a mechanical probe, and that the determining the position of the reference element (e.g. 111, 112) is based on the measured tridimensional coordinates of the reference element (i.e. as noted the position of 111 of 10 in blocker reference coordinate three-dimensional system in blocking position is measured and determined, see paragraphs [35,120-121, 124-128], but this measurement determination was not specifically done using a mechanical probe).
Hence, Dubois (878) ‘414 teaches in the same family of inventions (see Figs. 1-9, title, abstract, paragraphs [12-15]) and teaches a semi-finished lens (10) comprising a first optical surface (11) comprising a surface design associated with a first reference system (paragraphs [12-18, 33-50, 74-95]) and a second optical surface (12) to be manufactured, the first and second optical surfaces are connected by an external periphery surface (14), the semi-finished lens (10) further also comprising a reference element (111) provided on the second optical surface (12;) and/or on the external periphery surface (14), the position of the reference element (111) being defined with respect to the first reference system paragraphs [12-18, 33-50, 74-95]). Dubois 414 further teaches the reference element can be on the front and back surfaces of the lens member (see page 8). Thus, as noted, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to include the markings on the second optical surfaces, since it is a known method for designing a multi-layer optical element without interfering with the users view. Therefore, the combination of Dubois and Dubois 414 taches the claimed location of reference element(s). On the other hand Brier was not used for teaching of locations of reference elements.
As presented above, Beier teaches measuring tridimensional coordinates of the reference element using a mechanical probe (i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 using measuring machine which measures the shape and position of elements on the optical component 1, including reference elements 14, 5’, which are on the optical component 1, by means of a tactile measuring method with a measuring machine having measuring head 17 and a probe 18, see paragraphs [34-35,49-51], e.g. Figs. 1, 3, 6) and that the determining the position of the reference element is based on the measured tridimensional coordinates of the reference element (i.e. as position determination of 1 and its position elements is based on tactile position measurement with respect to (global or local) coordinate system 3 using measuring machine with measuring head 17 and a probe 18, paragraphs [34-35,39,44,49-51], e.g. Figs. 1, 3, 6). As presented above, it was noted that it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to adapt the determining blocking position of lens first face and referencing element of Dubois-Dubois 414 to include measuring tridimensional coordinates of the reference element (of Dubois as modified) using tactile measuring method with measuring machine having measuring head and a probe to determine the position of the reference element based on the measured coordinates of the reference element according to teachings of Beier in order to provide measuring process allowing measurement of the position and shape of the optical surface of optical element relative to the ultra-precision references with high quality, and enable at the same time, a position check relative to the reference surfaces of the machining device to be performed, and further as a result of the measuring process provide the positional deviation information as well as information of a remaining shape error of the optical surface, and in addition provide the tactile measuring using measuring head with probe for application in optically effective measuring principles (see Beier paragraphs [40,49]).
Moreover, as noted above, Beier teaches measuring tridimensional coordinates of the reference element using a mechanical probe i.e. as tactile measurement and position deamination of optical component 1 in with respect to (global or local) coordinate system 3 using measuring machine which measures the shape and position of elements on the optical component 1, including reference elements 14, 5’, which are on the optical component 1 on it’s top and side surfaces as in claimed invention (see Figs. 2 and 3), namely “the optical component 1 has several insert bodies (inserts) 5, which are inserted, for example by a joining process, into holes provided in the optical component 1 and comprise surfaces that form mounting surfaces 5′”, and “segments 14, for example, are manufactured directly in the brittle-hard material of the optical component 1” paragraphs [34-35,39-40,44,49-51]. These reference elements are not part of the machining/blocking device 6 as alleged by the Applicants. In fact the machining device 6 has different reference elements 7, 8 and 9, which are not cited.
Additionaly, Examiner has provided reason to combine (i.e., se above). Applicant has merely alleged that no reason was provided or no reason exists, and has not provided any evidence or argument directed to how the identified reason in the first action fails to meet the legal requirements of a reason to combine as set forth by KSR.
Further, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Therefore the cited prior art of Dubois, in combination with cited prior art of Dubois ‘878 and Beier teaches and renders obvious the claimed limitations in claims 7 (as well as 12, 20-21) including the limitations under issue (1) above.
No additional substantial arguments were presented after page 7 of the Remarks dated 02/24/2026.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872