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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Amendment
The amendments to the claims, in the submission dated 12/23/2025, are acknowledged and accepted. Claims 1, 7, and 17 are amended. Claims 1-20 are pending.
Claim Rejections - 35 USC § 103
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 1, 3-4, 7, 10-11, 14-15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. US PGPub 2022/0413324 A1 (hereinafter, “Sun”) in view of Malik et al. US PGPub 2022/0221753 A1 (hereinafter, “Malik”).
Regarding amended independent claim 1, Sun discloses an ophthalmic lens (see at least Fig. 2B illustrated a head-mounted display in the form of glasses, par. [0049], equivalent to an ophthalmic lens), comprising:
a first lens having a first flat surface and a first non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has an optical component with a first flat surface and a first non-flat surface on the side near display 302);
a second lens having a second flat surface and a second non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has a second optical component with a second flat surface and a second non-flat surface on the side near optical element 306);
a first electrode layer disposed at the first flat surface and a second electrode layer disposed at the second flat surface (Sun discloses the liquid crystal cell 315 may include an electrically drivable birefringence material, par. [0056], and Sun discloses liquid crystal layer 415, shown in at least Figs. 4C and 4D, may be made up of two bounding glass plates each with a transparent conductive coating of indium tin oxide serving as an electrode, par. [0065], thereby disclosing at least two electrode layers disposed on flat surfaces of optical components); and
a dimming material comprising a plurality of individually controllable pixelated dimming elements configured to provide an adjustable dimming effect (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], equivalent to an adjustable dimming effect, and Sun teaches customizable sub-regions, partitions, or zones within the liquid crystal layer that may be separately controlled, par. [0073], equivalent to individually controllable pixelated dimming elements).
Sun does not disclose the dimming material has a non-uniform thickness profile across an aperture of the ophthalmic lens, nor that a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture (as shown in Fig. 3A, liquid crystal layer 315 is uniformly thick in optical stack 304).
In the same field of invention, Malik discloses a glazing with a switchable film to selectively change states from opaque to transparent by application of an electric field (see at least Fig. 1 thereof, and refer to at least par. [0028] thereof). Malik teaches the glazing may include first and second glass substrates 110 and 112 (par. [0022] thereof) on opposite sides of switchable film 130 with switchable material layer 220 in the shape of a wedge where the thickness increases gradually across the layer (par. [0021] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Malik to the disclosure of Sun and made liquid crystal layer 315 of non-uniform thickness, to provide a gradient of opacity to transparency across the liquid crystal layer (Malik, par. [0028]), and a switchable film with a wedge shape has a switchable material layer that is thicker and therefore a higher resistance, and the voltage applied may have less switching effect on the film, while a switchable material layer that is thinner provides a relatively smaller distance between the conductive layers, thus the resistance may be lower and the same voltage may provide a relatively higher switching effect, thus having a local impact on the switching function of a liquid crystal switchable layer for a constant voltage across the layer (Malik, par. [0033]). As a consequence, the prior art combination of Sun in view of Malik teaches and renders obvious the limitation wherein a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture, as Malik teaches in at least Fig. 4 a switchable film having curved shapes, with a thickest portion of the switchable material layer 320 being in a middle portion of the layer 320 (Malik, par. [0046]), thereby teaching a switchable liquid crystal film with a greater thickness in the center and a thinner film at the periphery.
Regarding dependent claim 3, modified Sun discloses the ophthalmic lens of claim 1, and Sun further discloses wherein each of the first electrode layer and the second electrode layer includes at least one of indium tin oxide ("ITO"), Al-doped zinc oxide ("AZO"), graphene, poly(3,4-ethylenedioxythiophene): poly(styrene-sulfonate) ("PEDOT:PSS"), carbon nanotubes, or silver nanowires (Sun discloses the liquid crystal layer 415 may be made up of two glass plates, each with a transparent conductive coating of indium tin oxide that may also serve or act as an electrode, Sun par. [0066]).
Regarding dependent claim 4, modified Sun discloses the ophthalmic lens of claim 1, and Sun further discloses wherein the dimming material includes an electrically tunable dimming material (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], equivalent to an electrically adjustable dimming effect, and Sun discloses the liquid crystal layer 415 may function as a polarizer, Sun par. [0066], thereby teaching an electrically tunable dimming material).
Regarding amended independent claim 7, Sun discloses an ophthalmic lens (see at least Fig. 2B illustrated a head-mounted display in the form of glasses, par. [0049], equivalent to an ophthalmic lens), comprising:
a first lens having a first surface and a second surface, at least one of the first surface or the second surface being a first non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has an optical component with a first surface and a second surface, with a first non-flat surface on the side near display 302);
a second lens having a third surface and a fourth surface, at least one of the third surface or the fourth surface being a second non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has a second optical component with a third surface and a fourth surface, with a non-flat surface on the side near optical element 306); and
a dimming device disposed between the first lens and the second lens, and configured to provide an adjustable dimming effect (Sun discloses liquid crystal layer 315, see at least Fig.3A showing layer 315 between optical elements of optical stack 304, and Sun teaches that layer 315 provides dynamic glare reduction, par. [0054], equivalent to an adjustable dimming effect),
wherein the dimming device includes a dimming material that comprises a plurality of individually controllable pixelated dimming elements (Sun teaches liquid crystal layer 315 may have customizable sub-regions, partitions, or zones within the liquid crystal layer that may be separately controlled, par. [0073], equivalent to individually controllable pixelated dimming elements), a first electrode layer disposed at a first side of the dimming material facing the first lens, and a second electrode layer disposed at a second side of the dimming material facing the second lens (Sun discloses the liquid crystal cell may include an electrically drivable birefringence material, par. [0056], and Sun discloses liquid crystal layer 415, shown in at least Figs. 4C and 4D, may be made up of two bounding plates, e.g., glass slides or windows each with a transparent conductive coating of indium tin oxide serving as an electrode, par. [0065], thereby disclosing first and second electrode layers disposed on flat surfaces of optical components).
Sun does not disclose the dimming material has a non-uniform thickness profile across an aperture of the ophthalmic lens and Sun does not disclose a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture.
In the same field of invention, Malik discloses a glazing with a switchable film to selectively change states from opaque to transparent by application of an electric field (see at least Fig. 1 thereof, and refer to at least par. [0028] thereof). Malik teaches the glazing may include first and second glass substrates 110 and 112 (par. [0022] thereof) on opposite sides of switchable film 130 with switchable material layer 220 in the shape of a wedge where the thickness increases gradually across the layer (par. [0021] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Malik to the disclosure of Sun and made liquid crystal layer 315 of non-uniform thickness, to provide a gradient of opacity to transparency across the film or liquid crystal layer (Malik, par. [0028]), and a switchable film with a wedge shape has a switchable material layer that is thicker and a higher resistance may be formed, and the voltage applied may have less switching effect on the film, while a switchable material layer that is thinner provides a relatively smaller distance between the conductive layers, thus the resistance may be lower and the same voltage may provide a relatively higher switching effect, thus having a local impact on the switching function of a liquid crystal switchable layer for a constant voltage across the layer (Malik, par. [0033]). As a consequence, the prior art combination of Sun in view of Malik teaches and renders obvious the limitation wherein a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture, as Malik teaches in at least Fig. 4 a switchable film having curved shapes, with a thickest portion of the switchable material layer 320 being in a middle portion of the layer 320 (Malik, par. [0046]), thereby teaching a switchable liquid crystal film with a greater thickness in the center and a thinner film at the periphery.
Regarding dependent claim 10, modified Sun discloses the ophthalmic lens of claim 7, and Malik further teaches wherein each of the first surface, the second surface, the third surface, and the fourth surface is a curved surface (Malik Fig. 4, glazing includes a double-sided curved switchable material layer 320 positioned between first and second conductive layers 424 and 228 and outer polymer layers 422 and 224, par. [0046]).
Regarding dependent claim 11, modified Sun discloses the ophthalmic lens of claim 10, and Malik further teaches wherein the first electrode layer and the second electrode layers are curved electrode layers disposed at the second surface and the third surface, respectively (Malik, Fig. 4, first and second conductive layers 424 and 228 are equivalent to electrodes for turning on and off the switching material layer 320, par. [0025], and layers 424 and 228 are shown to be curved).
Regarding dependent claim 14, modified Sun discloses the ophthalmic lens of claim 7, and Sun further discloses wherein each of the first electrode layer and the second electrode layer includes at least one of indium tin oxide ("ITO"), Al-doped zinc oxide ("AZO"), graphene, poly(3,4-ethylenedioxythiophene): poly(styrene-sulfonate) ("PEDOT:PSS"), carbon nanotubes, or silver nanowires (Sun discloses the liquid crystal layer 415 may be made up of two glass plates, each with a transparent conductive coating of indium tin oxide that may also serve or act as an electrode, Sun par. [0066]).
Regarding dependent claim 15, modified Sun discloses the ophthalmic lens of claim 7, wherein the dimming material includes an electrically tunable dimming material (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], equivalent to an electrically adjustable dimming effect, and Sun discloses the liquid crystal layer 415 may function as a polarizer, Sun par. [0066], thereby teaching an electrically tunable dimming material).
Regarding amended independent claim 17, Sun discloses a system (Fig. 1 illustrates a block diagram of system 100, par. [0018]), comprising:
a light source configured to output an image light (Fig. 1, system 100 includes imaging device 110 which may include a light source, par. [0035], and Figs. 3A-3C show illumination 312 from the display 302 passing through the optical components of optical assembly 300 to present visual images at an eye 314 of a user, therefore Sun discloses a light source configured to output image light to a user);
a light guide coupled with an in-coupling element and an out-coupling element (Fig. 3A, display 302 produces illumination 312 which passes through optical stack 304, optical elements 306 and 308, and aperture 310 to reach the eye 314 of a user, par. [0054], therefore Sun discloses the equivalent of a light guide with in-coupling and out-coupling elements), and configured to guide the image light to an eye-box region of the system (Fig. 3A shows illumination 312 reaching eye 314 of a user, therefore the optical assembly 300A must have an eye-box region, where Examiner understands eye-box refers to a volume where the eye receives an acceptable view of the image with respect to a set of criteria and thresholds), the light guide having a first side facing the eye-box region and a second side opposite to the first side (Fig. 3A, optical assembly 300A has two sides, one facing the eye-box region and a second side opposite to the side facing the eye-box region); and
an ophthalmic lens disposed at the second side of the light guide (Fig. 3A, optical assembly 300A has optical stack 304 that is equivalent to an ophthalmic lens), the ophthalmic lens including:
a first lens having at least one first non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has an optical component with a first non-flat surface on the side near display 302);
a second lens having at least one second non-flat surface (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has a second optical component with a second non-flat surface on the side near optical element 306); and
a dimming device disposed between the first lens and the second lens (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], disposed in the middle of optical stack 304), and
configured to provide an adjustable dimming effect (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], equivalent to an adjustable dimming effect),
wherein the dimming device includes a dimming material that comprises a plurality of individually controllable pixelated dimming elements (Fig. 3A, liquid crystal layer 315 provides dynamic glare reduction, and Sun teaches customizable sub-regions, partitions, or zones within the liquid crystal layer that may be separately controlled, par. [0073], equivalent to individually controllable pixelated dimming elements), a first electrode layer disposed at a first side of the dimming material facing the first lens, and a second electrode layer disposed at a second side of the dimming material facing the second lens (Sun discloses the liquid crystal cell may include an electrically drivable birefringence material, par. [0056], and Sun discloses liquid crystal layer 415, shown in at least Figs. 4C and 4D, may be made up of two bounding plates, e.g., glass slides or windows each with a transparent conductive coating of indium tin oxide serving as an electrode, par. [0065], thereby disclosing at least two electrode layers on disposed on flat surfaces of optical components).
Sun does not disclose the dimming material has a non-uniform thickness profile across an aperture of the ophthalmic lens, nor that a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture (as shown in Fig. 3A, liquid crystal layer 315 is uniformly thick in optical stack 304).
In the same field of invention, Malik discloses a glazing with a switchable film to selectively change states from opaque to transparent by application of an electric field (see at least Fig. 1 thereof, and refer to at least par. [0028] thereof). Malik teaches the glazing may include first and second glass substrates 110 and 112 (par. [0022] thereof) on opposite sides of switchable film 130 with switchable material layer 220 in the shape of a wedge where the thickness increases gradually across the layer (par. [0021] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Malik to the disclosure of Sun and made liquid crystal layer 315 of non-uniform thickness, to provide a gradient of opacity to transparency across the liquid crystal layer (Malik, par. [0028]), and a switchable film with a wedge shape has a switchable material layer that is thicker and therefore a higher resistance, and the voltage applied may have less switching effect on the film, while a switchable material layer that is thinner provides a relatively smaller distance between the conductive layers, thus the resistance may be lower and the same voltage may provide a relatively higher switching effect, thus having a local impact on the switching function of a liquid crystal switchable layer for a constant voltage across the layer (Malik, par. [0033]). As a consequence, the prior art combination of Sun in view of Malik teaches and renders obvious the limitation wherein a thickness of the dimming material is greater at a center of the aperture and smaller toward a periphery of the aperture, as Malik teaches in at least Fig. 4 a switchable film having curved shapes, with a thickest portion of the switchable material layer 320 being in a middle portion of the layer 320 (Malik, par. [0046]), thereby teaching a switchable liquid crystal film with a greater thickness in the center and a thinner film at the periphery.
Regarding dependent claim 18, modified Sun discloses the system of claim 17, and Sun further discloses wherein the ophthalmic lens (Fig. 3A, optical assembly 300A has optical stack 304 that is equivalent to an ophthalmic lens) is a first ophthalmic lens (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has a first optical component on the side near display 302), and the system further includes a second ophthalmic lens disposed at the first side of the light guide (Fig. 3A shows optical assembly 300A with optical stack 304, par. [0054], and optical stack 304 may include any number of optical components, par. [0055], and as illustrated in Fig. 3A, optical stack 304 has a second optical component on the side near optical element 306).
Regarding dependent claim 19, modified Sun discloses the system of claim 18, and Sun further discloses wherein the first ophthalmic lens (Fig. 3A, optical stack 304 has a first optical component on the side near display 302) is configured to provide an adjustable light transmittance (Fig. 3A, illumination 312 from display 302 passes through optical stack 304 and liquid crystal layer 315 provides dynamic glare reduction and therefore functions to adjust light transmittance ), and the second ophthalmic lens (Fig. 3A, optical stack 304 has a second optical component on the side near optical element 306) is configured to provide a fixed light transmittance (Fig. 3A, illumination 312 passes through the second optical element of optical stack 304 without adjustment or attenuation by liquid crystal layer 315, thereby providing fixed light transmittance to eye 314 of a user).
Claims 2, 8-9, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Malik as applied to claims 1 and 7 above, and further in view of Bohn US Patent 10,422,989 B2 (of record, see IDS dated 10/25/2025, hereinafter, “Bohn”).
Regarding dependent claim 2, Sun in view of Malik (hereinafter, “modified Sun”) discloses the ophthalmic lens of claim 1, and Sun further discloses wherein the first non-flat surface is a convex surface (Sun Fig. 3A, optical stack 304 has an optical element on the side near display 302 with a convex surface).
The prior art combination does not disclose the second non-flat surface is a concave surface (as shown in Sun Fig. 3A, the second non-flat surface in optical stack 304 is also a convex surface).
In a related field of invention, Bohn discloses near-eye-display device 100, see at least Figs. 1, 2A, and 2B, where Fig. 2B shows optical system 106 for use in NED device 100 (col. 6, lines 54-64 thereof) and optical assembly 106 is depicted with two variable fluid-filled optical lenses 200A and 200B (col. 7, lines 1-5 thereof), and when the flexible element of inner lens 200B becomes concave, the lenses 200 become more negative (col. 7, lines 63-66 thereof). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bohn to the disclosure of Sun and made optical stack 304 have a concave surface to balance optical power of a convex surface in optical stack 304, to have the real world appear correctly to the user with no optical power (Bohn col. 8, lines 1-3).
Regarding dependent claim 8, modified Sun discloses the ophthalmic lens of claim 7, and Sun further discloses wherein the second surface and the third surface are flat surfaces (Sun, Fig. 3A depicts optical stack 304 with two flat surfaces), the first surface is a convex surface (Sun, Fig. 3A, optical stack 304 has a flat surface).
The prior art combination does not disclose the fourth non-flat surface is a concave surface (as shown in Sun Fig. 3A, the second non-flat surface in optical stack 304 is also a convex surface).
In a related field of invention, Bohn discloses near-eye-display device 100, see at least Figs. 1, 2A, and 2B, where Fig. 2B shows optical system 106 for use in NED device 100 (col. 6, lines 54-64 thereof) and optical assembly 106 is depicted with two variable fluid-filled optical lenses 200A and 200B (col. 7, lines 1-5 thereof), and when the flexible element of inner lens 200B becomes concave, the lenses 200 become more negative (col. 7, lines 63-66 thereof). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bohn to the disclosure of Sun and made optical stack 304 have a concave surface to balance optical power of a convex surface in optical stack 304, to have the real world appear correctly to the user with no optical power (Bohn col. 8, lines 1-3).
Regarding dependent claim 9, the prior art combination of Sun, Malik and Bohn discloses the ophthalmic lens of claim 8, and Sun further discloses wherein the first electrode layer and the second electrode layers are flat electrode layers disposed at the second surface and the third surface, respectively (Sun discloses the liquid crystal cell 315 may include an electrically drivable birefringence material, par. [0056], and Sun discloses liquid crystal layer 415, shown in at least Figs. 4C and 4D, may be made up of two bounding glass plates each with a transparent conductive coating of indium tin oxide serving as an electrode, par. [0065], thereby disclosing at least two electrode layers disposed on flat surfaces of optical components).
Regarding dependent claim 12, modified Sun discloses the ophthalmic lens of claim 7, and Malik further teaches wherein each of the first surface, the second surface, and the third surface is a curved surface (Malik Fig. 4, glazing includes a double-sided curved switchable material layer 320 positioned between first and second conductive layers 424 and 228 and outer polymer layers 422 and 224, par. [0046]), but the prior art combination does not disclose the fourth surface is a flat surface (Malik Fig. 4 shows a curved surface on both sides of the switchable material layer 320, and Sun depicts optical stack 304 of optical assembly 300A with curved surfaces on either side).
In a related field of invention, Bohn discloses near-eye-display (NED) device 100, see at least Figs. 1, 2A, and 2B, where Fig. 2B shows optical system 106 for use in NED device 100 (col. 6, lines 54-64 thereof) and optical assembly 106 is depicted with two variable fluid-filled optical lenses 200A and 200B (col. 7, lines 1-5 thereof). In Fig. 3A, Bohn shows flexible element of inner lens 200B as flat (col. 7, lines 56-61 thereof). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bohn to the disclosure of Sun and made optical stack 304 have a flat surface to balance optical power of curved surfaces in optical stack 304, to have the real world appear correctly to the user with no optical power (Bohn col. 8, lines 1-3).
Regarding dependent claim 13, the prior art combination of Sun in view of Malik and Bohn discloses the ophthalmic lens of claim 12, and Malik further teaches wherein the first electrode layer and the second electrode layers are curved electrode layers disposed at the second surface and the third surface, respectively (Malik, Fig. 4, first and second conductive layers 424 and 228 are equivalent to electrodes for turning on and off the switching material layer 320, par. [0025], and layers 424 and 228 are shown to be curved).
Claims 5, 6, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Malik as applied to claims 4, 15, and 17 above, and further in view of Bouchier et al. US PGPub 2022/02342235 A1 (of record, see IDS dated 10/25/2025, hereinafter, “Bouchier”).
Regarding dependent claim 5, modified Sun discloses the ophthalmic lens of claim 4, but the prior art combination does not disclose wherein the dimming material includes a non-electrically tunable dimming material.
In a related field of invention, Bouchier discloses ophthalmic lens 1 with base lens 10 and auxiliary lens 30 (par. [0035] thereof), with either or both of lens 10 and lens 30 adapted to provide at least one optical function by incorporation of photochromic material (par. [0053] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bouchier to the disclosure of Sun and included a photochromic material in the optical stack 304 because Bouchier teaches the presence of photochromic material enhances the contrast of a virtual image with the light from the environment being reduced without reducing the light from a virtual image (Bouchier, par. [0056]).
Regarding dependent claim 6, the prior art combination of Sun, Malik, and Bouchier discloses the ophthalmic lens of claim 5, and Bouchier further discloses wherein the non-electrically tunable dimming material includes at least one of a photochromic material, a photodichroic material, or a thermochromic material (Bouchier discloses ophthalmic lens 1 with base lens 10 and auxiliary lens 30, par. [0035] thereof, with either or both of lens 10 and lens 30 adapted to provide at least one optical function by incorporation of photochromic material, par. [0053] thereof).
Regarding dependent claim 16, modified Sun discloses the ophthalmic lens of claim 15, but the prior art combination does not disclose wherein the dimming material includes a non-electrically tunable dimming material.
In a related field of invention, Bouchier discloses ophthalmic lens 1 with base lens 10 and auxiliary lens 30 (par. [0035] thereof), with either or both of lens 10 and lens 30 adapted to provide at least one optical function by incorporation of photochromic material (par. [0053] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bouchier to the disclosure of Sun and included a photochromic material in the optical stack 304 because Bouchier teaches the presence of photochromic material enhances the contrast of a virtual image with the light from the environment being reduced without reducing the light from a virtual image (Bouchier, par. [0056]).
Regarding dependent claim 20, modified Sun discloses the system of claim 17, and Sun further discloses wherein the dimming material includes an electrically tunable dimming material (Sun discloses liquid crystal layer 315, see at least Fig.3A, that provides dynamic glare reduction, par. [0054], equivalent to an electrically adjustable dimming effect, and Sun discloses the liquid crystal layer 415 may function as a polarizer, Sun par. [0066], thereby teaching an electrically tunable dimming material)
The prior art combination does not disclose a non-electrically tunable dimming material.
In a related field of invention, Bouchier discloses ophthalmic lens 1 with base lens 10 and auxiliary lens 30 (par. [0035] thereof), with either or both of lens 10 and lens 30 adapted to provide at least one optical function by incorporation of photochromic material (par. [0053] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Bouchier to the disclosure of Sun and included a photochromic material in the optical stack 304 because Bouchier teaches the presence of photochromic material enhances the contrast of a virtual image with the light from the environment being reduced without reducing the light from a virtual image (Bouchier, par. [0056]).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JUSTIN W. HUSTOFT/Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872