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 .
Information Disclosure Statement
The IDS filed to date have been considered.
Response to Arguments
Applicant's arguments filed 08/22/2025 have been fully considered but they are not persuasive.
With regard to the arguments, filed on the above date, the arguments are directed solely towards the amendments made stating that the prior art De Juan (US 20170315381) does not teach “a valve configured to open in response to a threshold pressure applied to said valve,” and “based on if said threshold pressure is applied to said valve.”
The examiner respectfully disagrees. In [0009] of the prior art the prior art teaches of fenestrations (in this case pores or valves) that open and close in order to control the volume of the chamber, via fluid transfer in and out, in the contact lens, when pressure is applied by the eyelids and pushing the contact lens harder onto the eye. “The fenestrations and sclera coupling portion of the device can pass tear liquid away from the chamber when the eye closes and pressure of one or more eyelids urges the device toward the cornea such that the chamber volume decreases. In certain embodiments, opening of the eye so as to separate the eyelids reduces pressure on the outer portion of the device such that the outer portion of the device over an outer portion of the cornea can separate from the outer portion of the cornea so as to draw liquid through the fenestrations and into the chamber located under the device.”
As such the rejection is believed to be proper and has been restated below to include the newly added amendments.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Juan (US 20170315381) herein after referred to as D1.
With regard to claim 1, D1 teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095]); comprising: an anterior surface (120); a posterior surface (110) disposed at a dimension from a cornea ([0179]) of a subject when said contact lens (100) is applied to said cornea ([0179]); and a valve ([0009]; fenestration (or valve), used to control fluid entry in and out of the chamber) configured to open in response to a threshold pressure ([0009]; pressure) applied to said valve ([0009]; fenestration (or valve), used to control fluid entry in and out of the chamber); wherein said contact lens (100) is configured to have said dimension change ([0115]) non-linearly as a function of a pressure ([0103]) applied to said posterior surface (110) and based on if said threshold pressure ([0009]; pressure) is applied to said valve ([0009]; fenestration (or valve), used to control fluid entry in and out of the chamber).
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095]); wherein said posterior surface (110) comprises (i) a central portion ([0110]) comprising a first posterior (110) base curve and (ii) a peripheral portion (120P) comprising a second posterior base curve, wherein when said posterior surface is subjected to said pressure ([0103]), said first posterior (110) base curve is substantially the same as said second posterior base curve (120P).
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], and [0179]); wherein, in the absence of said pressure, said first posterior base curve is steeper than said second posterior base curve.
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], and [0179]); at least one fluid conduit (100TL) in fluid communication with said anterior surface, an edge of said contact lens, or said peripheral portion of said posterior surface ([0181]).
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], and [0179]); wherein, when applied to said cornea, said first posterior base curve diverges from a curvature of said cornea in the absence of said pressure, and wherein, in the presence of fluid, a tear chamber (100C) forms between said cornea and said first posterior base curve.
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], and [0179]); wherein said pressure sufficient to have said dimension change non-linearly is based on at least one or more parameters of said contact lens selected from the group consisting of: a thickness, a modulus, a diameter of a central portion of said surface, and a sagittal height.
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], and [0179]); wherein said dimension is a sagittal height ([0372]).
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said dimension is a gap height between said posterior surface and a surface of said cornea.
With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said dimension is a difference in curvature between said posterior surface and a surface of said cornea.
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said change in said dimension results in a change in optical power.
With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said change in optical power is a decrease in optical power.
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said change in optical power is a flattening of said anterior surface and said posterior surface.
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said anterior surface or said posterior surface changes curvature in response to said pressure in a non-linear manner.
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said change in optical power is an increase in optical power.
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said change in optical power is an increase in optical power.
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said non-linear change is multiphasic or continuous.
With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said non-linear change is defined by a non-linear curve having at least two segments, said at least two segments comprising a first steep segment where said dimension changes in response to said applied pressure at a first rate and a second slight segment where said dimension changes in response to said pressure at a second rate less than said first rate.
With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said non-linear curve further comprises at least one additional gradual segment wherein said dimension changes in response to said pressure at a rate between said first and second rates.
With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said contact lens comprises silicone, a hydrogel, or a silicone hydrogel.
With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a contact lens, in at least (Figs. 1-1F, and 2A-2I; and [0094-0095], [0103], [0115], [0179], [0372]); wherein said contact lens has a Young's modulus from about 0 mega pascals (MPa) to about 3 MPa.
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 GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GRANT A GAGNON/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights