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 Arguments
Applicant's arguments filed 10/14/2025 have been fully considered but they are not persuasive.
Applicant argues that the current claim set overcomes the 101 rejection and gives a detailed analysis of the claims. The examiner respectfully disagrees sand provides a detailed analysis of the claims.
Step 1 Statutory Category? Yes. The claims recite a step and, therefore, is a system/method.
Step 2A - Prong 1: Judicial Exception Recited Yes. The claims recite the limitations of a system for generating a plurality of on 3D points of based on a wearers face. There is nothing in the claim precludes the points from practically being performed in the human mind or with the aid of pen and paper. Thus, this limitation is a mental process.
Step 2A - Prong 2: Integrated into a Practical Application? No, the claims are drawn to a system that designs spectacle lens based on 3D points of a wearers face. However, the lenses aren’t actually being fabricated, but instead the information is being transmitted for fabrication.
Step 2B: Claim provides an Inventive Concept? No. The claims as a whole merely require the abstract mental design step. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea. The claims are ineligible.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 42-45,47-51 and 55-66 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
The claims recites the limitations of computing a plurality of points and modifying a plurality of points are directed to the judicial exception of an abstract idea (mathematical calculation). This judicial exception is not integrated into a practical application because the imaging device configured to generate a plurality of points in a three dimensional space representing a wearer's face” and “transmit the data, to one or more laboratory systems, to facilitate, at least in based on the transmitted dimensions, fabrication of a customized eyewear to be worn by the wearer, the customized eyewear at least comprising the first lens and the second lens” are just insignificant extra solution activity to the judicial exception. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the lenses aren’t actually being fabricated, but instead the information is being transmitted for fabrication.
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 JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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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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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
27 January 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872