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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/23/2026 has been entered.
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record Park may not be combined with Wi in view of Clerc since Park discloses nonanalogous art, specifically, a metalens compared to the ophthalmic lenses of Qi and Clerc. Applicant notes that Park discloses a flat lens while Qi in view of Clerc discloses curved lenses, as well as, a high difference in refractive index between the nanocolumns and the protective layer. Examiner respectfully disagrees. In response to applicant's argument that the prior art, Park, is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Park and Qi in view of Clerc both disclose optical lenses which use the refractive capabilities of the optical materials to focus light. Although Park may be directed to a metalens for use in optical sensors, this does not negate the use of metalens in ophthalmic lenses. The same defocusing capabilities of Qi in view of Clerc in order to correct myopia progression may be implemented using the nanostructures of Park (reference is made to Fig 1 showing the defocusing capabilities of the lens). In addition, the metalens of Park may be implemented in curved lenses as seen in Fig 9. For these reasons examiner maintains the rejections of claims 1 and 9 under USC 103.
Claim Rejections - 35 USC § 103
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 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, 6-10, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record).
Regarding claim 1, Qi discloses an optical article (see Fig 1) comprising: a base lens substrate having opposing first and second lens surfaces (see Fig 1: Para [0138-0140]; a lens substrate 2 has a lower/bottom surface and a upper/top surface of substrate 2); a protective layer having opposing first and second protective surfaces (see Fig 1; Para [0138-0140]; a protective hard coating layer 3 has a first/bottom surface and a second/top surface) and a maximum thickness, measured in a direction perpendicular to the first protective surface between the first and second protective surfaces, the first protective surface disposed on the second lens surface (see Fig 1; Para [0138-0140]; a hard coating layer has a maximum thickness at first refractive regions 21 measured perpendicularly to the bottom and top surfaces of the hard coating 3; the first/bottom surface of hard coating 3 is disposed on the top/second surface of substrate 2); and a plurality of optical elements, the optical elements comprising microlenses used to prevent the progression of myopia or hyperopia (see Fig 1; Para [0128-0130]; a plurality of second refractive regions 22; see Para [0060]; structures formed on the lens are used to achieve a myopia progression suppression effect), each: defining a portion of one of the first protective surface and the second lens surface (see Fig 1; Para [0128-0130]; the plurality of second refractive regions is formed from a bottom of the hard coating 3 and the top of substrate region 2); having a maximum height, measured in a direction perpendicular to the second lens surface carrying them, that is less than or equal to 0.1 millimeters (mm) (see Fig 1; Para [0140]; maximum height of the second refractive regions 22 is 4 microns which is less than the 100 microns) and a diameter that is less than or equal to 2.0 mm (see Fig 1; Para [0128]; diameter d may be between 0.8-2.0mm); and wherein the maximum thickness of the protective layer is at least 2 times of the maximum height of each optical element (see Fig 1; Para [0140]; hard coating layer is set at least 10 microns which is more than 2 times the protruding distance of 4 microns of the convex portions).
Qi does not disclose wherein the protective layer is composed of a crosslinked matrix and nanoparticles and wherein the index nc of said protective layer is lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3. Qi and Clerc are related because both disclose protective coatings on optical devices.
Clerc discloses a protective coating on an optical device (see Fig 1A) wherein the protective layer is composed of a crosslinked matrix and nanoparticles (see Fig 1A; Para [0068]; an exterior coating 9 may include epoxy silane and nano-particles of silica).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein the protective layer is composed of a crosslinked matrix and nanoparticles Clerc for the purpose of improving the wear-resistance of the optical coating (see Para [0068, 0101])
Qi in view of Clerc does not disclose wherein the index nc of said protective layer is lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3. Qi in view of Clerc and Park are related because both disclose optical articles with a plurality of optical elements.
Park discloses an optical article with a plurality of optical elements (see Fig 8) wherein the index nc of said protective layer is lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3 (see Fig 8; Para [0104-0109]; a protective layer 121 is formed of polymer materials such as PMMA with refractive index of 1.49; optical elements may be formed of elements of Silicon such as silicon carbide (SiC) with a refractive index of 2.6 for a difference of 1.11)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc with wherein the index nc of said protective layer is lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3 of Park for the purpose of reducing size while meeting optical requirements of the lens (Para [0005-0006])
Regarding claim 3, Qi in view of Clerc and Park discloses the optical article of claim 1.
Qi further discloses wherein: optical element has a maximum height, measured in a direction perpendicular to the second lens surface, that comprised between 2 and 20 micrometers (µm) (see Fig 1; Para [0140]; maximum height of the second refractive regions 22 is 4 microns) and a diameter that is comprised between 0.8 and 2.0 millimeters (mm) (see Fig 1; Para [0128]; diameter d may be between 0.8-2.0mm).
Regarding claim 4, Qi in view of Clerc and Park discloses the optical article of claim 1.
Qi does not disclose wherein: the crosslinked matrix is made of acrylic compounds, epoxy compounds, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds.
Clerc discloses wherein: the crosslinked matrix is made of acrylic compounds, epoxy compounds, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds (see Fig 1A; Para [0068]; hard coating layer 9 may be composed of a epoxysilianes substrate material).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein: the crosslinked matrix is made of acrylic compounds, epoxy compounds, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds of Clerc for the purpose of improving the wear-resistance of the optical coating (see Para [0068, 0101])
Regarding claim 6, Qi in view of Clerc and Park discloses the optical article of claim 1.
Qi does not disclose wherein: the base lens substrate and the optical elements are both made in a thermoplastic or thermosetting plastic selected from, for instance: polycarbonate, of polyamide, of polyimide, of polysulfone, of copolymers of poly(ethylene terephthalate) and polycarbonate, of polyolefins, in particular of polynorbornene, of homopolymers and copolymers of diethylene glycol bis(allyl carbonate), of (meth)acrylic polymers and copolymers, in particular (meth)acrylic polymers and copolymers derived from bisphenol A, of thio(meth)acrylic polymers and copolymers, of polyurethane and polythiourethane homopolymers or copolymers, epoxy polymers and copolymers and episulfide polymers and copolymers.
Clerc discloses wherein: the base lens substrate and the optical elements are both made in a thermoplastic or thermosetting plastic selected from, for instance: polycarbonate, of polyamide, of polyimide, of polysulfone, of copolymers of poly(ethylene terephthalate) and polycarbonate, of polyolefins, in particular of polynorbornene, of homopolymers and copolymers of diethylene glycol bis(allyl carbonate), of (meth)acrylic polymers and copolymers, in particular (meth)acrylic polymers and copolymers derived from bisphenol A, of thio(meth)acrylic polymers and copolymers, of polyurethane and polythiourethane homopolymers or copolymers, epoxy polymers and copolymers and episulfide polymers and copolymers (see Fig 1A; Para [0061, 0064]; the substrate layer 10 of the ophthalmic lens 1 may be made of a thermoplastic such as polycarbonate).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein: the base lens substrate and the optical elements are both made in a thermoplastic or thermosetting plastic selected from, for instance: polycarbonate, of polyamide, of polyimide, of polysulfone, of copolymers of poly(ethylene terephthalate) and polycarbonate, of polyolefins, in particular of polynorbornene, of homopolymers and copolymers of diethylene glycol bis(allyl carbonate), of (meth)acrylic polymers and copolymers, in particular (meth)acrylic polymers and copolymers derived from bisphenol A, of thio(meth)acrylic polymers and copolymers, of polyurethane and polythiourethane homopolymers or copolymers, epoxy polymers and copolymers and episulfide polymers and copolymers of Clerc for the purpose of providing adequate light transmission while maintaining structural properties (see Para [0058-0064])
Regarding claim 7, Qi in view of Clerc and Park discloses the optical article of claim 1.
Qi does not disclose wherein: the base-lens substrate is a semi-finished lens.
Clerc discloses wherein: the base-lens substrate is a semi-finished lens (see Fig 1A; Para [0052]; lens substrate 1 may be a semi-finished lens).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein: the base-lens substrate is a semi-finished lens of Clerc for the purpose of allowing for optical articles with multiple functions (see Para [0052-0055])
Regarding claim 8, Qi in view of Clerc and Park discloses the optical article of claim 1.
Qi further discloses wherein: the second surface of the protective layer is covered with at least one additional coating, including one or more of the following: an antireflective coating, a photochromic coating, an anti-smudge coating, an anti-fog coating, a tintable coating, a self- healing coating, an anti-rain coating, an anti-static coating, an anti-UV coating, or an anti-blue light coating (see Fig 1; Para [0133]; an antireflecting coating may be provided on the hard coating layer).
Regarding claim 9, Qi discloses, as best understood, a method of manufacturing an optical article (see Fig 1), the method comprising: 1) providing a base lens substrate having opposing first and second lens surfaces (see Fig 1: Para [0138-0140]; a lens substrate 2 has a lower/bottom surface and a upper/top surface of substrate 2) and comprising, on the second lens surface, at least one or a plurality of optical elements having a maximum height , measured in a direction perpendicular to the second lens surface (see Fig 1; Para [0138-0140]; a hard coating layer has a maximum thickness at first refractive regions 21 measured perpendicularly to the bottom and top surfaces of the hard coating 3; the first/bottom surface of hard coating 3 is disposed on the top/second surface of substrate 2), that is less than or equal to 0.1 millimeters (mm) (see Fig 1; Para [0140]; maximum height of the second refractive regions 22 is 4 microns which is less than the 100 microns) and a diameter that is less than or equal to 2.0 mm, the optical elements comprising microlenses used to prevent progression of myopia or hyperopia (see Fig 1; Para [0128]; diameter d may be between 0.8-2.0mm; the second refractive regions 22 may be used, as seen in Para [0060], to achieve myopia progression suppression); 2) applying on the second lens surface of the base lens substrate comprising the plurality of optical elements (see Fig 1; Para [0119]; hard coating formed from deposition of liquid raw material on defocusing substrate which contains refractive regions 21), a curable composition suitable for forming a protective layer having opposing first and second protective surfaces; 3) curing the curable composition for forming the protective layer (see Fig 1; Para [0119, 0138-0140]; a protective hard coating layer 3 has a first/bottom surface and a second/top surface and is formed by curing); 4) optionally repeating step 2 or step 2 and step 3 the protective layer resulting from step 3 or 4 presenting a second protective surface parallel to the second lens surface of the lens devoid of optical elements (see Fig 1; Para [0116]; a hard coating layer may comprise an A and B components; a hard coating A is disposed on the lens substrate and a hard coating B is provided on an outer peripheral portion of the layer A), said protective layer encapsulating each optical element (see Fig 1; Para [0138-0140]; said protective layer encapsulated convex portions 22), and the maximum thickness of the protective layer being at least 2 times of the maximum height of each optical element (see Fig 1; Para [0140]; hard coating layer is set at least 10 microns which is more than 2 times the protruding distance of 4 microns of the convex portions).
Qi does not disclose applying by wet deposition on the second lens surface and the index nc of said protective layer being lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3. Qi and Clerc are related because both disclose protective coatings on optical devices.
Clerc discloses a protective coating on an optical device (see Fig 1A) applying by wet deposition on the second lens surface (see Fig 1A; Para [0055]; Clerc discloses using spin coating and spray coating to apply functional layer/coatings; spin coating and spray coating being types of wet deposition).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with applying by wet deposition on the second lens surface of Clerc for the purpose of improving the wear-resistance of the optical coating (see Para [0068, 0101])
Qi in view of Clerc does not disclose wherein the index nc of said protective layer being lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3. Qi in view of Clerc and Park are related because both disclose optical articles with a plurality of optical elements.
Park discloses an optical article with a plurality of optical elements (see Fig 8) wherein the index nc of said protective layer being lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3 (see Fig 8; Para [0104-0109]; a protective layer 121 is formed of polymer materials such as PMMA with refractive index of 1.49; optical elements may be formed of elements of Silicon such as silicon carbide (SiC) with a refractive index of 2.6 for a difference of 1.11)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc with wherein the index nc of said protective layer being lower than the index nm of each optical element such that the difference nm - nc is greater than 0.3 of Park for the purpose of reducing size while meeting optical requirements of the lens (Para [0005-0006])
Regarding claim 10, Qi in view of Clerc and Park discloses the method of claim 9. Qi does not disclose wherein the step of wet deposition is a step of spin coating, a step of spray coating, a step of rod coating or a step of inkjet coating.
Clerc discloses wherein the step of wet deposition is a step of spin coating, a step of spray coating, a step of rod coating or a step of inkjet coating (See Fig 1; Para [0055]; scratch resistant function of coated glass produced via spin/spray coating)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein the step of wet deposition is a step of spin coating, a step of spray coating, a step of rod coating or a step of inkjet coating of Clerc for the purpose of allowing for optical articles with multiple functions (see Para [0052-0055])
Regarding claim 17, Qi in view of Clerc and Park discloses the method according to claim 9. Qi further discloses further comprising depositing at least one additional coating on the protective layer, said additional coating comprising an antireflective coating, a photochromic coating, an anti-smudge coating, an anti-fog coating, a tintable coating, a self-healing coating, an anti-rain coating, an anti-static coating, an anti-UV coating, or an anti-blue light coating (see Fig 1; Para [0133]; an antireflecting coating may be provided on the hard coating layer).
Regarding claim 18, Qi in view of Clerc and Park discloses the method according to claim 9. Qi does not disclose wherein: the base-lens substrate is a semi-finished lens and the method further comprises surfacing and/or trimming the lens.
Clerc discloses wherein: the base-lens substrate is a semi-finished lens and the method further comprises surfacing and/or trimming the lens (see Fig 1A; Para [0050-0052]; lens 1 may be a semi-finished lens that may be trimmed to the shape of the frame)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein: the base-lens substrate is a semi-finished lens and the method further comprises surfacing and/or trimming the lens of Clerc for the purpose of allowing for optical articles with multiple functions (see Para [0052-0055])
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record) as applied to claims 1 and 9, and further in view of McCoy (US 2017/0276844, of record).
Regarding claim 5, Qi in view of Clerc and Park discloses the optical article of claim 1. Qi in view of Clerc and Park does not disclose wherein: the nanoparticles are chosen from silica nanoparticles having a refractive index ranging from 1.04 to 1.5 functionalized or surface modified silica nanoparticles, functionalized or surface modified hollow nanoparticles and a mixture thereof. Qi in view of Clerc and Park and McCoy are related because both disclose optical articles with layered coatings.
McCoy discloses an optical article with layered coatings (see Fig 1) wherein: the nanoparticles are chosen from silica nanoparticles having a refractive index ranging from 1.04 to 1.5, functionalized or surface modified silica nanoparticles, functionalized or surface modified hollow nanoparticles and a mixture thereof (see Fig 1; Para [0091-0093]; low RI stack 115 is composed of polymer and nanoparticles of Silica with refractive index no greater than 1.5)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the nanoparticles are chosen from silica nanoparticles having a refractive index ranging from 1.04 to 1.5, functionalized or surface modified silica nanoparticles, functionalized or surface modified hollow nanoparticles and a mixture thereof of McCoy for the purpose of improving mechanical durability and scratch resistance while maintaining reflectivity properties (Para [0091])
Regarding claim 13, Qi in view of Clerc and Park discloses the method of claim 9. Qi in view of Clerc and Park does not disclose wherein: the nanoparticles used for forming the curable composition suitable for forming the protective layer are functionalized (or surface modified) silica nanoparticles or silica nanoparticles dispersed in a solvent or a mixture thereof. Qi in view of Clerc and Park and McCoy are related because both disclose optical articles with layered coatings.
McCoy discloses an optical article with layered coatings (see Fig 1) wherein: the nanoparticles used for forming the curable composition suitable for forming the protective layer are functionalized (or surface modified) silica nanoparticles or silica nanoparticles dispersed in a solvent or a mixture thereof (see Fig 1; Para [0091-0093]; low RI stack 115 is composed of polymer and nanoparticles of Silica with refractive index no greater than 1.5)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the nanoparticles used for forming the curable composition suitable for forming the protective layer are functionalized (or surface modified) silica nanoparticles or silica nanoparticles dispersed in a solvent or a mixture thereof of McCoy for the purpose of improving mechanical durability and scratch resistance while maintaining reflectivity properties (Para [0091])
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record) as applied to claim 9 above, and further in view of Gromotka (US 2019/0310492, of record).
Regarding claim 11, Qi in view of Clerc and Park discloses the method of claim 9. Qi further discloses wherein measured in a direction perpendicular to the second base lens substrate is greater than 2 times of the maximum height of each of the optical elements (see Fig 1; Para [0140]; hard coating layer is set at least 10 microns which is more than 2 times the protruding distance of 4 microns of the convex portions).
Qi in view of Clerc does not disclose wherein: the step of wet deposition is a step of inkjet coating, said step comprising: a first step or first pass depositing a limited or measured quantity of the curable coating composition at the bottom only of the plurality of optical elements (only partially covering the microstructures) resulting in a first layer a second step or second pass depositing another limited quantity of the curable coating composition on top of the first layer in order to cover more each of the optical elements, then an additional pass or several additional passes until the maximum thickness or height of the curable coating composition. Qi in view of Clerc and Park and Gromotka are related because both disclose coatings on spectacle lenses.
Gromotka discloses a coating on a spectacle lens (see Fig 11) wherein: the step of wet deposition is a step of inkjet coating, said step comprising: a first step or first pass depositing a limited or measured quantity of the curable coating composition at the bottom only of the plurality of optical elements (only partially covering the microstructures) resulting in a first layer (see Figs 3 and 11; Para [0095-0104]; ink jet printing is used to apply coating on a lens in a first layer 22 that partially cover the lens surface 14; Qi discloses the optical elements) a second step or second pass depositing another limited quantity of the curable coating composition on top of the first layer in order to cover more each of the optical elements (see Fig 11; Para [0104]; a second layer 24’ is deposited and covers the first layer 22), then an additional pass or several additional passes until the maximum thickness or height of the curable coating composition (see Fig 11; Para [0045]; may comprise up to 13 layer to reach max thickness)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the step of wet deposition is a step of inkjet coating, said step comprising: a first step or first pass depositing a limited or measured quantity of the curable coating composition at the bottom only of the plurality of optical elements (only partially covering the microstructures) resulting in a first layer a second step or second pass depositing another limited quantity of the curable coating composition on top of the first layer in order to cover more each of the optical elements, then an additional pass or several additional passes until the maximum thickness or height of the curable coating composition of Gromotka for the purpose of reducing cost of production (Para [0006])
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record) as applied to claim 9 above, and further in view of Wang (US 2015/0277616, of record).
Regarding claim 12, Qi in view of Clerc and Park discloses the method of claim 9. Qi does not disclose wherein: the curable composition suitable for forming a protective layer comprises at least: nanoparticles, and compounds selected from acrylic monomers, epoxy monomers, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds
Clerc further discloses wherein: the curable composition suitable for forming a protective layer comprises at least: nanoparticles (see Fig 1A; Para [0068]; an exterior coating 9 may include epoxy silane and nano-particles of silica), and compounds selected from acrylic monomers, epoxy monomers, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds (see Fig 1A; Para [0068]; hard coating layer 9 may be composed of a epoxysilianes substrate material).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi with wherein the protective layer is composed of a crosslinked matrix and nanoparticles and compounds selected from acrylic monomers, epoxy monomers, epoxy acrylic compounds, silane compounds, epoxysilane compounds, polyurethane acrylic compounds, siloxane compounds and any mixture of the aforesaid compounds Clerc for the purpose of improving the wear-resistance of the optical coating (see Para [0068, 0101])
Qi in view of Clerc and Park does not disclose a catalyst and optionally a surfactant and/ or a solvent. Qi in view of Clerc and Park and Wang are related because both disclose coatings on optical lenses.
Wang discloses a coating on an optical lens (see Fig 1) a catalyst and optionally a surfactant and/ or a solvent (see Fig 1; Para [0051]; acrylate monomers may be used together with silica nanoparticles and a photo initiator; Note examiner is interpreting photo initiator as catalyst)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with a catalyst, and optionally a surfactant and/ or a solvent of Wang for the purpose of preventing formation of scratches thus improving the durability of the system (Para [0050])
Regarding claim 15, Qi in view of Clerc and Park discloses the method of claim 9. Qi in view of Clerc and Park does not disclose wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silica, and a catalyst. Qi in view of Clerc and Park and Wang are related because both disclose coatings on optical lenses.
Wang discloses a coating on an optical lens (see Fig 1) wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silica, and a catalyst (see Fig 1; Para [0051]; acrylate monomers may be used together with silica nanoparticles and a photo initiator; Note examiner is interpreting photo initiator as catalyst)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silica, and a catalyst of Wang for the purpose of preventing formation of scratches thus improving the durability of the system (Para [0050]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record) as applied to claim 9 above, and further in view of Valeri (US 2018/0113239, of record).
Regarding claim 14, Qi in view of Clerc and Park discloses the method of claim 9. Qi in view of Clerc and Park does not disclose wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silane compounds, polyfunctional epoxy compounds, silica nanoparticles, free radical photo-initiator or one cationic photoinitiator or a mixture thereof and surfactants. Qi in view of Clerc and Park and Valeri are related because both disclose curable coating compositions.
Valeri discloses a curable coating composition wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silane compounds, polyfunctional epoxy compounds, silica nanoparticles, free radical photo-initiator or one cationic photoinitiator or a mixture thereof and surfactants (see Table 1; Para [0050-0051]; a first example hard coat may contain acrylate monomers such as Difunctional acylate; silane Compounds such as Vinylsilane; epoxy compounds such as Epoxysilane; Colloidal Silica; free radical initiators; and surfactants such as Fluorosurfactant FC-4434)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the curable composition suitable for forming a protective layer comprises polyfunctional acrylate monomers, silane compounds, polyfunctional epoxy compounds, silica nanoparticles, free radical photo-initiator or one cationic photoinitiator or a mixture thereof and surfactants of Valeri for the purpose of improving the adhesive capabilities of abrasive-resistance coatings (Para [0011])
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 2022/0244567, of record) in view of Clerc (US 2019/0179169, of record) and Park (US 2020/0355913, of record) as applied to claim 9 above, and further in view of Newman (US 2017/0184875, of record).
Regarding claim 16, Qi in view of Clerc and Park discloses the method of claim 9. Qi in view of Clerc and Park does not disclose wherein: the base lens substrate and the plurality of optical elements are formed in a single step. Qi in view of Clerc and Park and Newman are related because both discloses optical lenses with a plurality of optical elements.
Newman discloses an optical lens with a plurality of optical elements (see Fig 8) wherein: the base lens substrate and the plurality of optical elements are formed in a single step (see Fig 8; Para [0074]; lens substrate is formed in a spin step by spinning a casting mold)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Qi in view of Clerc and Park with wherein: the base lens substrate and the plurality of optical elements are formed in a single step of Newman for the purpose of achieving desired optical/mechanical properties of a lens base (Para [0093])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Blum (US 2014/0327875) discloses a ophthalmic lens with multiple electro active elements used to diffract incident light.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL ANDRES SANZ whose telephone number is (571)272-3844. The examiner can normally be reached Monday-Friday 8:30 am -5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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