DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In view of the amendment, filed on January 29th, 2026, the following are withdrawn from the previous office action, mailed on November 13th, 2025.
Rejection of claims 7-9 under 35 U.S.C. 112(b)
Rejections of claims 1-11 and 13-21 under 35 U.S.C. 103 are withdrawn in light of the amendments
Response to Arguments
Applicant's arguments in view of the amendment filed January 29th, 2026, have been fully considered but they are not persuasive.
Applicant argues the prior art of record fails to teach the new limitation of claims 1 and 21, “the selected optical element having one of: (i) a central part with a positive optical power and external areas with a constant thickness, and (ii) a curved central portion and flat edges”. Examiner respectfully disagrees. Meschenmoser discloses an integral main lens, that may be selected, comprising a curved central portion and flat edges in Figure 14B. Please see the marked Figure 14B of Meschenmoser below.
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Applicant’s amendments to the claims necessitate a new grounds of rejection provided below.
New Grounds of Rejection
Claim Rejections - 35 USC § 102
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 1-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Meschenmoser et al. (US 20150153589 A1; hereafter Meschenmoser).
Regarding claim 1, Meschenmoser discloses a method for manufacturing an optical lens ([0017]) having at least a reference optical power at a given point (all spectacle lens have a reference optical power at a given point), the method comprising the steps of:
selecting, among a fixed number of optical elements ([0018]; a group of integral main lens), one optical element to manufacture the optical lens ([0018]; providing an integral main lens selected from the group in order to provide adapted spectacle lens for an individual), said step of selecting being executed as a function of the reference optical power at the given point of the optical lens ([0018, 0020]; the integral main lens necessarily has an optical power and is selected from a group in order to provide an adapted spectacle lens for an individual, which would have the optical power needed by the individual), said step of selecting being executed such that the selected optical element has an optical power having an absolute value lower than or equal to the absolute value of the reference optical power at the given point of the optical lens ([0018, 0020, 0026]; selecting the integral main lens to provide spectacle lens with optical power adapted to an individual’s needs, obtained by applying additional lens element, which may or may not have a non-zero optical power), the selected optical element having a curved central portion and flat edges (Marked Fig. 14B);
and manufacturing the optical lens using an additive manufacturing technology ([0020]; 3D printing) by depositing a complementary portion on the selected optical element ([0018, 0020]; 3D printing additional lens element onto the selected integral main lens).
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Regarding claim 2, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein the optical power is a spherical power ([0018]; integral main lens can be spherical power lens, therefore having a spherical power).
Regarding claim 3, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein the optical power is a cylindrical power ([0018]; integral main lens can be astigmatic power lens, therefore having a cylindrical power).
Regarding claim 4, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein at least one of the fixed number of optical elements has a non null cylindrical power ([0018]; integral main lens can be astigmatic power lens, therefore having a cylindrical power and would necessarily have a non zero cylindrical power in order to correct astigmatism for an individual).
Regarding claim 5, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein the fixed number of optical elements comprises a first optical element and a second optical element ([0063]; the integral main lens can be selected from a group of lens, therefore at least two lens) having respectively a first optical power and a second optical power ([0063]; the integral main lens can be selected from a group of lens, wherein each lens from the group necessarily has an optical power), the second optical power being different from the first optical power ([0063]; the integral main lens can be selected from a group of lens with different standard spherical powers).
Regarding claim 6, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein the selected optical element comprises a first face and a second face ([0020]; both surfaces of the integral lens element), the complementary portion being deposited on at least one of the first face or the second face ([0020]; additional lens element can be applied to one or both surfaces of the integral lens element).
Regarding claim 7, Meschenmoser discloses the method for manufacturing the optical lens according to claim 6, wherein the first face and the second face of the selected optical element have respectively a first curvature and a second curvature (Fig. 14B; [0181]; surface 14 of lens 12 has a first curvature and surface 16 of lens 12 has a second curvature), the complementary portion being deposited on the first face (Fig. 14B; [0181]; additional lens element 22 is deposited on surface 14).
Regarding claim 8, Meschenmoser discloses the method for manufacturing the optical lens according to claim 7, wherein the first face of the selected optical element is concave (Fig. 14B; [0020, 0181]; surface 14 is concave), said first face remaining substantially concave during the step of manufacturing (Fig. 14B; [0020, 0181]; surface 14 is concave).
Regarding claim 9, Meschenmoser discloses the method for manufacturing the optical lens according to claim 7, wherein the first face of the selected optical element is convex (Fig. 14B; [0020, 0181]; surface 16 is convex), said first face remaining substantially convex during the step of manufacturing (Fig. 14B; [0020, 0181]; surface 16 is convex).
Regarding claim 10, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein at least one of the fixed number of optical elements comprises a first face and a second face having respectively a first vergence and a second vergence (Fig. 21-24; [0187]; integral main lens can be selected form a group comprising ski googles, diving goggles, helmet visors, gas masks, etc., wherein these lens have first and second faces which necessarily have a first vergence and a second vergence), the sum of the first vergence and the second vergence being at least substantially equal to zero (Fig. 21-24; [0187]; integral main lens can be selected form a group comprising ski googles, diving goggles, helmet visors, gas masks, etc., wherein these lens have first and second faces and comprise substantially zero corrective power).
Regarding claim 11, Meschenmoser discloses the method for manufacturing the optical lens according to claim 1, wherein at least one of the fixed number of optical elements is aspherical or toric or has a progressive surface or a progressive optical power distribution ([0020, 0041, 0047, 0187]; integral main lens can be selected from a group comprising an aspherical lens, toric lens or progressive power lens).
Regarding claim 13, Meschenmoser discloses the method for manufacturing the optical lens according to claim 2, wherein at least one of the fixed number of optical elements has a non null cylindrical power ([0018]; integral main lens can be astigmatic power lens, therefore having a cylindrical power and would necessarily have a non zero cylindrical power in order to correct astigmatism for an individual).
Regarding claim 14, Meschenmoser discloses the method for manufacturing the optical lens according to claim 3, wherein at least one of the fixed number of optical elements has a non null cylindrical power ([0018]; integral main lens can be astigmatic power lens, therefore having a cylindrical power and would necessarily have a non zero cylindrical power in order to correct astigmatism for an individual).
Regarding claim 15, Meschenmoser discloses the method for manufacturing the optical lens according to claim 2, wherein the fixed number of optical elements comprises a first optical element and a second optical element ([0063]; the integral main lens can be selected from a group of lens) having respectively a first optical power and a second optical power, the second optical power being different from the first optical power ([0063]; the integral main lens can be selected from a group of lens with different standard spherical powers).
Regarding claim 16, Meschenmoser discloses the method for manufacturing the optical lens according to claim 3, wherein the fixed number of optical elements comprises a first optical element and a second optical element ([0063]; the integral main lens can be selected from a group of lens) having respectively a first optical power and a second optical power, the second optical power being different from the first optical power ([0063]; the integral main lens can be selected from a group of lens with different standard spherical powers).
Regarding claim 17, Meschenmoser discloses the method for manufacturing the optical lens according to claim 4, wherein the fixed number of optical elements comprises a first optical element and a second optical element ([0063]; the integral main lens can be selected from a group of lens) having respectively a first optical power and a second optical power, the second optical power being different from the first optical power ([0063]; the integral main lens can be selected from a group of lens with different standard spherical powers).
Regarding claim 18, Meschenmoser discloses the method for manufacturing the optical lens according to claim 2, wherein the selected optical element comprises a first face and a second face ([0020]; both surfaces of the integral lens element), the complementary portion being deposited on at least one of the first face or the second face ([0020]; additional lens element can be applied to one or both surfaces of the integral lens element).
Regarding claim 19, Meschenmoser discloses the method for manufacturing the optical lens according to claim 3, wherein the selected optical element comprises a first face and a second face ([0020]; both surfaces of the integral lens element), the complementary portion being deposited on at least one of the first face or the second face ([0020]; additional lens element can be applied to one or both surfaces of the integral lens element).
Regarding claim 20, Meschenmoser discloses the method for manufacturing the optical lens according to claim 4, wherein the selected optical element comprises a first face and a second face ([0020]; both surfaces of the integral lens element), the complementary portion being deposited on at least one of the first face or the second face ([0020]; additional lens element can be applied to one or both surfaces of the integral lens element).
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Meschenmoser et al. (US 20150153589 A1; hereafter Meschenmoser).
Regarding claim 21, Meschenmoser discloses a method for manufacturing an optical lens ([0017]) having at least a reference optical power at a given point (all spectacle lens have a reference optical power at a given point), the method comprising the steps of:
selecting, among a fixed number of optical elements ([0018]; a group of integral main lens), one optical element to manufacture the optical lens ([0018]; providing an integral main lens selected from the group in order to provide adapted spectacle lens for an individual), said step of selecting being executed as a function of the reference optical power at the given point of the optical lens ([0018, 0020]; the integral main lens necessarily has an optical power and is selected from a group in order to provide an adapted spectacle lens for an individual, which would have the optical power needed by the individual), said step of selecting being executed such that the selected optical element has an optical power having an absolute value lower than or equal to the absolute value of the reference optical power at the given point of the optical lens ([0018, 0020, 0026]; selecting the integral main lens to provide spectacle lens with optical power adapted to an individual’s needs, obtained by applying additional lens element, which may or may not have a non-zero optical power), the selected optical element having a curved central portion and flat edges (Marked Fig. 14B);
and manufacturing the optical lens using an additive manufacturing technology ([0020]; 3D printing) by depositing a complementary portion on the selected optical element ([0018, 0020]; 3D printing additional lens element onto the selected integral main lens).
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Meschenmoser does not explicitly disclose the selected optical element being the one with a highest absolute value of the optical power.
However, Meschenmoser teaches the optical element is selected from the group in order to provide an adapted spectacle lens for an individual ([0018]). The optical element selection is based on a prescription requirement of the individual ([0003, 0047]). Meschenmoser further teaches the optical element may be selected from a variety of widely used standard prescriptions and that by selecting an optical element close to the prescription requirement of the individual only a minimum amount of material would need to be applied to adapt the selected optical element ([0020]). By these teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that when providing a spectacle lens for an individual with the highest prescription requirements, the optical element with the highest absolute value of the optical power should be selected. Doing so would ensure that only a minimum amount of material would need to be applied to adapt the selected optical element and therefore allow the adapted spectacle lens to be produced at minimum costs when providing the adapted spectacle lens for an individual with the highest prescription requirements (Meschenmoser [0020]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Meschenmoser et al. (US 20150153589 A1; hereafter Meschenmoser) as applied to claim 21, in view of Mappes et al. (US 20190146242 A1; hereafter Mappes).
Regarding claim 22, Meschenmoser discloses the method according to claim 21.
While Meschenmoser discloses the integral main lens is selected from a group in order to provide adapted spectacle lens for the individual ([0018]) and gives an example of the integral main lens can have a thickness of 1.895mm, Meschenmoser fails to disclose a thickness of the selected optical element being greater than 0.3 mm and strictly less than 1 mm.
However, in the analogous art Mappes teaches a method of manufacturing a customized optical lens ([0011, 0034]; method of producing a spectacle lens adapted for an individual) using an additive manufacturing technology ([0049-0051]; volume element groups of the adapted spectacle lens are produced with the aid of additive manufacturing) by depositing a complementary portion ([0049-0051]; volume element groups) on a selected optical element ([0072, 0085]; volume element groups are formed on a carrier, wherein the carrier is selected depending on the desired adapted spectacle lens), wherein a thickness of the selected optical element being greater than 0.3 mm and strictly less than 1 mm ([0072]; thickness of the carrier is typically between 0.1 and 5 mm; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05).
Meschenmoser and Mappes are both considered to be analogous to the claimed invention because they are in the field of additive manufacturing customized ophthalmic lens. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Meschenmoser with the teachings of Mappes to provide a thickness of the selected optical element being greater than 0.3 mm and strictly less than 1 mm. Use of known technique to improve similar devices (methods, or products) in the same way supports a prima facie obviousness determination. See MPEP 2143 I(C). Doing so would allow a greater variety of ophthalmic lens to be made for a greater variety of individuals and a person skill in the art would choose a thickness for the optical element suitable for the individual’s needs.
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 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 Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.M./Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754