DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is responsive to the amendment filed on 12/24/2025.
3. Claims 1, 4-6 are pending. Claims 1, 4-6 are under examination on the merits. Claim 1 is amended. Claims 2-3, 7-24 are previously cancelled.
4. The objections and rejections not addressed below are deemed withdrawn.
5. Applicant’s arguments with respect to claims 1, 4-6 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Information Disclosure Statement
6. The information disclosure statement submitted on 11/10/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1, 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. (US Pub. No. 2015/0138661 A1, hereinafter “’661”) in view of Lai et al. (US Pub. No. 2014/0155 15 A1, hereinafter “’515”), and Bian et al. (CN 1419151 A, machine translation, hereinafter “’151”).
Regarding claim 1: ‘661 teaches a contact lens (Page 2, [0036]) comprising a contact lens body (Page 5, [0054], Fig. 7), and a blue blocking material covering the contact lens body (Page 5, [0054], Fig. 7; Page 3, [0045], Fig. 4A), the blue light blocking material comprising a plurality of metal particles dispersed on the contact lens body (Page 5, [0054], Fig. 7-720; Page 5, [0060], Fig. 8), the plurality of metal particles consists of silver, gold, cobalt, manganese, nickel, copper, zinc, platinum, palladium, cadmium, indium, potassium, calcium, iron, or combinations there (Page 5, [0060]). Further, ‘661 teaches the blue light blocking material about 1 wt% to about 20 wt% (Page 6, [0065]). ‘661 does not expressly teach the contact lens body comprises ethylene glycol group, and the content of the blue light blocking material is based on the total weight of the contact lens.
However, ‘515 teaches a silicone hydrogel composition comprises at least one silicone macromer, a hydroxy-functionalized silicone-containing monomer, a first hydrophilic monomer and at least one crosslinker, in which the first hydrophilic monomer is N-vinyl pyrrolidone. The silicone macromer, the hydroxy-functionalized silicone-containing monomer or a combination thereof is mutually soluble with N-vinylpyrrolidone (Page 1, [0009]). The crosslinker is selected from the group comprising ethylene glycol di(meth)acrylate, triethylene glycol di(meth)acrylate, tetramethylene glycol di(meth)acrylate (Page 2, [0018]) with benefit of providing to polymerize a lens forming composition containing a hydrophilic monomer and a silicone monomer, macromer or prepolymer to obtain a contact lens with high transparency, high oxygen permeability and high moisturizing capability (Page 1, [0009]).
Alternatively, ‘151 teaches ophthalmic lenses having blue light blocking material covering the lens comprising metal particles (Page 2/6 [0002]; Page 3/6, [0011]), having a content about 1 wt% to about 20 wt% of the lens (Page 3/6, [0011], Page 6/6, [0024]), wherein the contact lens body comprises diethylene glycol bisallyl carbonate (Page 3/6, [0011]) with benefit of providing to make optical lenses with many properties such as light weight, not easy to break, multiple colors, good light transmittance, strong protection ability, etc.(Page 3/6, [0009]; Page 5/6, [0018]).
In an analogous art of the contact lens, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the contact lens body comprises ethylene glycol group by ‘661, so as to include the contact lens body comprises ethylene glycol group as taught by ‘515 and would have been motivated to do so with reasonable expectation that this would result in providing to polymerize a lens forming composition containing a hydrophilic monomer and a silicone monomer, macromer or prepolymer to obtain a contact lens with high transparency, high oxygen permeability and high moisturizing capability as suggested by ‘515 (Page 1, [0009]).
In an analogous art of the contact lens, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the amount of blue light blocking material based by ‘661, so as to include the contact lens comprises about 1 wt% to about 20 wt% of blue light blocking material based on a total weight of the contact lens as taught by ‘151 and would have been motivated to do so with reasonable expectation that this would result in providing to make optical lenses with many properties such as light weight, not easy to break, multiple colors, good light transmittance, strong protection ability, etc. as suggested by ‘151 (Page 3/6, [0009]; Page 5/6, [0018]).
Regarding claim 4: ‘661 teaches the contact lens (Page 2, [0036]), wherein the metal particles have a diameter of about 1-10,000 nm (Page 4, [0049]-[0050]).
Regarding claim 5: ‘661 teaches the contact lens (Page 2, [0036]), wherein the contact lens exhibits tunable plasmonic resonances at visible light ranged from 380-800 nm (Page, [00 46], Figs. 5A-C).
Regarding claim 6: ‘661 teaches the contact lens (Page 2, [0036]), wherein the contact lens inhibits about 5% to about 99% of blue light at wavelength range within 380nm to about 480nm (Page 3, [0045], Fig. 4A; Page 5, [0054], Fig. 7- 740; Fig. 7A).
9. Claims 1, 4, 6 are rejected under 35 U.S.C. 103 as being unpatentable over Judy C. Richter (US Pat. No. 4,669,834 A1; hereinafter “’834”) in view of Lai et al. (US Pub. No. 2014/0155 15 A1, hereinafter “’515”) and Bian et al. (CN 1419151 A, machine translation, hereinafter “’151”).
Regarding claim 1: ‘834 teaches a contact lens (Col. 1, lines 5-8), comprising: a contact lens body (Col. 1, lines 5-15, Figs. 6- 7) including a hydrogel contact lens or a silicone hydrogel contact lens (Col.3, lines 3-14), and a blue light blocking material covering the contact lens body (Figs. 6- 7; Col. 2, lines 55-66; Col. 4, lines 20-30), wherein the blue light blocking material comprises a plurality of metal particles dispersed on the contact lens body (Col. 2, lines 55-66) and the plurality of metal particles consists of silver, gold, cobalt, manganese, nickel, copper, zinc, platinum, palladium, cadmium, indium, potassium, calcium, iron, or combinations thereof (Figs. 6-7; Col. 2, lines 55-66). ‘834 does not expressly teach the contact lens comprises about 1 wt% to about 20 wt% of blue light blocking material based on a total weight of the contact lens, and the contact lens body comprises ethylene glycol group.
However, ‘515 teaches a silicone hydrogel composition comprises at least one silicone macromer, a hydroxy-functionalized silicone-containing monomer, a first hydrophilic monomer and at least one crosslinker, in which the first hydrophilic monomer is N-vinyl pyrrolidone. The silicone macromer, the hydroxy-functionalized silicone-containing monomer or a combination thereof is mutually soluble with N-vinylpyrrolidone (Page 1, [0009]). The crosslinker is selected from the group comprising ethylene glycol di(meth)acrylate, triethylene glycol di(meth)acrylate, tetramethylene glycol di(meth)acrylate (Page 2, [0018]) with benefit of providing to polymerize a lens forming composition containing a hydrophilic monomer and a silicone monomer, macromer or prepolymer to obtain a contact lens with high transparency, high oxygen permeability and high moisturizing capability (Page 1, [0009]).
Alternatively, ‘151 teaches (ophthalmic lenses) having blue light blocking material covering the lens comprising metal particles (Page 2/6 [0002]; Page 3/6, [0011]), having a content about 1 wt% to about 20 wt% of the lens (Page 3/6, [0011], Page 6/6, [0024]), wherein the contact lens body comprises diethylene glycol bisallyl carbonate (Page 3/6, [0011]) with benefit of providing to make optical lenses with many properties such as light weight, not easy to break, multiple colors, good light transmittance, strong protection ability, etc.(Page 3/6, [0009]; Page 5/6, [0018]).
In an analogous art of the contact lens, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the contact lens body comprises ethylene glycol group by ‘834, so as to include the contact lens body comprises ethylene glycol group as taught by ‘515 and would have been motivated to do so with reasonable expectation that this would result in providing to polymerize a lens forming composition containing a hydrophilic monomer and a silicone monomer, macromer or prepolymer to obtain a contact lens with high transparency, high oxygen permeability and high moisturizing capability as suggested by ‘515 (Page 1, [0009]).
In an analogous art of the contact lens, and in the light of such benefit before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the amount of blue light blocking material based by ‘834, so as to include the contact lens comprises about 1 wt% to about 20 wt% of blue light blocking material based on a total weight of the contact lens as taught by ‘151 and would have been motivated to do so with reasonable expectation that this would result in providing to make optical lenses with many properties such as light weight, not easy to break, multiple colors, good light transmittance, strong protection ability, etc. as suggested by ‘151 (Page 3/6, [0009]; Page 5/6, [0018]).
Regarding claim 4: The disclosure of ‘834 in view of ‘151 and ‘787 is adequately set forth in paragraph above and is incorporated herein by reference. ‘151 further teaches the plurality of metal particles have a diameter of about 1-10000 nm (Page 4/6, [0012]).
Regarding claim 6: The disclosure of ‘834 in view of ‘151 and ‘787 is adequately set forth in paragraph above and is incorporated herein by reference. ‘151 further teaches the lens inhibits blue light within 380nm to about 480nm (Page 5/6, [0019]), but doesn’t specify the particular percentage. Thus, it would have been obvious to one of ordinary skill in the art to inhibit about 5-99% of blue light since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235. As detailed by ‘151, the metal particles are provided to shield/block UV, blue, and visible light (Page 5/6, [0019]).
Response to Arguments
10. Applicant’s arguments with respect to claims 1, 4-6 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
In response to Applicant’s argument that Blair ‘661or Richter ’834 in view of Bian ’151 does not teach the contact body comprises an amine group, a thiol group, a sulfide group, an aldehyde group, an alkoxide group or an ethylene glycol group.
The examiner respectfully disagrees. ‘151 teaches (ophthalmic lenses) having blue light blocking material covering the lens comprising metal particles (Page 2/6 [0002]; Page 3/6, [0011]), having a content about 1 wt% to about 20 wt% of the lens (Page 3/6, [0011], Page 6/6, [0024]), wherein the contact lens body comprises diethylene glycol bisallyl carbonate (Page 3/6, [0011]) with benefit of providing to make optical lenses with many properties such as light weight, not easy to break, multiple colors, good light transmittance, strong protection ability, etc.(Page 3/6, [0009]; Page 5/6, [0018]).
Alternatively, ‘515 teaches a silicone hydrogel composition comprises at least one silicone macromer, a hydroxy-functionalized silicone-containing monomer, a first hydrophilic monomer and at least one crosslinker, in which the first hydrophilic monomer is N-vinyl pyrrolidone. The silicone macromer, the hydroxy-functionalized silicone-containing monomer or a combination thereof is mutually soluble with N-vinylpyrrolidone (Page 1, [0009]). The crosslinker is selected from the group comprising ethylene glycol di(meth)acrylate, triethylene glycol di(meth)acrylate, tetramethylene glycol di(meth)acrylate (Page 2, [0018]) with benefit of providing to polymerize a lens forming composition containing a hydrophilic monomer and a silicone monomer, macromer or prepolymer to obtain a contact lens with high transparency, high oxygen permeability and high moisturizing capability (Page 1, [0009]).
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Examiner Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bijan Ahvazi, Ph.D. whose telephone number is (571)270-3449. The examiner can normally be reached on Mon-Fri 9.00 A.M. -7 P.M..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Del Sole can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Bijan Ahvazi/
Primary Examiner, Art Unit 1763
01/25/2026
bijan.ahvazi@uspto.gov