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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 30th, 2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendments filed March 30th, 2026 have been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 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.
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 1-9 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Patscheider (WO 2020/120806) in view of Bonora (US 2022/0357569), further in view of Smyth (US 11,614,570).
Regarding claim 1, Patscheider discloses an optical device (Figs. 1 and 14, element 1), particularly an ophthalmic device (Pg. 1, line 5-6, “ophthalmic device”), comprising:
a container (2) enclosing an internal space (3), wherein the internal space (3) is filled with a transparent liquid (L), and wherein the container comprises a transparent bottom (21) and a transparent and elastically deformable membrane (22) opposing said bottom (as shown in Fig. 14, 22 opposes 21) such that the liquid is arranged between the membrane and the bottom (as shown in Fig. 14, 21 and 2 contain the liquid L),
a circumferential lens shaping element (4) connected to the membrane (as shown in Fig. 14, 4 is connected to 22) so that a circumferential edge of the lens shaping element defines a central area (23) of the membrane so that light can pass through the container via the central area and the bottom (Pg. 13, lines 28-29, “so that light can pass through the container 2 via the central area 23 and the bottom 21”), wherein
the lens shaping element (4) is deformable and comprises a plurality of actuation points (S1-S6), wherein in each of the actuation points the lens shaping element is moveably mounted with respect to the transparent bottom by a bearing means (5, as shown in Fig. 14, 5 serves as a bearing for 4) and wherein at least one actuation point is displaceable with respect to the transparent bottom (Pg. 16, line 33-Pg. 17, 1, “the respective actuator 31 can be configured to push against the respective point S1. S6, wherein a restoring force is provided by an associated spring element 5 as depicted in the embodiments of Figs. 12, 13 and 14”).
Patscheider does not specifically disclose wherein the bearing means each comprise at least one screw element, the screw element being configured to cause a displacement of the corresponding actuating point along an actuating axis of the respective bearing means.
However Bonora, in the same field of endeavor because both teach an optical device, teaches wherein the bearing means each comprise at least one screw element (Fig. 12, 19 and 20) each comprise at least one screw element (21, 22), the screw element being configured to cause a displacement of the corresponding actuating point ([0164], “with the rotation of the first and of the second electric motor 19, 20, the first and the second worm screws 21, 22 move”) along an actuating axis of the respective bearing means ([0160], “the first and the second worm screws 21, 22 of the first actuator means 6 are extended starting from the respective first electric motor 19 and second electric motor 20 placed laterally with respect to the first support base 14”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider with the wherein the bearing means each comprise at least one screw element, the screw element being configured to cause a displacement of the corresponding actuating point along an actuating axis of the respective bearing means as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Modified Patscheider does not specifically disclose wherein the optical device is configured such that a mechanical connection between the optical device and the tuning unit may be repeatedly connected and disconnected, wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device by an interaction between at least one actuator of the tuning unit and the bearing means.
However Smyth, in the same field of endeavor because both teach an optical device, teaches wherein the optical device (Figs. 37-38, element 3744) is configured such that a mechanical connection (examiner interprets this connection to occur at element 3710 in Fig. 37) between the optical device (3744) and the tuning unit (Col. 30, lines 41-42, “screw 3716 is turned, either manually”) may be repeatedly connected and disconnected (examiner interprets the manual function of the screw turning to be done via a person, and therefore is disconnected or connected when the person starts and stops manual adjustment), wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device (Cols. 30-31, lines 66-2, “tailor the shape of the actuated deformable optical element 3744 to accommodate a particular user's eyes and/or to adjust for an image displayed or viewed through the deformable optical element 3744”) by an interaction between at least one actuator of the tuning unit and the bearing means (3710).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora with the wherein the optical device is configured such that a mechanical connection between the optical device and the tuning unit may be repeatedly connected and disconnected, wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device by an interaction between at least one actuator of the tuning unit and the bearing means as taught by Smyth, for the purpose of tailoring the lens to a user’s eyes (Cols. 30-31, lines 66-2).
Regarding claim 2, modified Patscheider teaches as is set forth in claim 1 rejection above and Patscheider further discloses wherein a deformation of the lens shaping element (4) and the membrane (22) in the central area (23) is adjustable by a relative displacement of at least one actuation point (S1-S6) with respect to at least another actuation point (Pg. 16, line 34, “the respective actuator 31 can be configured to push against the respective point S1, … , S6”).
Regarding claim 3, modified Patscheider teaches as is set forth in claim 1 rejection above and Patscheider further discloses comprising an optical axis (Fig. 14(a), examiner interprets optical axis as passing into the page), along which the light passes through the container via the central area and the transparent bottom (as shown in Fig. 14, light passes through the central area 23), wherein the bearing means (5) each comprise a longitudinal axis (as shown in Fig. 14(b), 5 has an axis running top to bottom), which is parallel to the optical axis (the longitudinal axis of 5 is parallel to the optical axis), and wherein the bearing means each are configured to adjustably guide the lens shaping element along its respective longitudinal axis in each of the actuation points (Pg. 16, lines 17-20, “the optical device 1 comprises an actuator system 30 that is configured to bend the deformable lens shaping element 4 out of the plane P”).
Regarding claim 4, modified Patscheider teaches as is set forth in claim 3 rejection above but does not specifically disclose wherein the screw element is rotatably mounted with respect to the transparent bottom and a rotation of the screw element causes a displacement of the corresponding actuation point along the longitudinal axis of the respective bearing means.
However Bonora, in the same field of endeavor because both teach an optical device, teaches wherein the screw element (Fig, 12, elements 21 and 22) is rotatably mounted with respect to the transparent bottom (4) and a rotation of the screw element ([0164], “with the rotation of the first and of the second electric motor 19, 20, the first and the second worm screws 21, 22 move”) causes a displacement of the corresponding actuation point (50’ and 50”) along the longitudinal axis of the respective bearing means ([0160], “the first and the second worm screws 21, 22 of the first actuator means 6 are extended starting from the respective first electric motor 19 and second electric motor 20 placed laterally with respect to the first support base 14”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the wherein the screw element is rotatably mounted with respect to the transparent bottom and a rotation of the screw element causes a displacement of the corresponding actuation point along the longitudinal axis of the respective bearing means as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Regarding claim 5, modified Patscheider teaches as is set forth in claim 4 rejection above but does not specifically disclose wherein each screw element is moveably mounted along the longitudinal axis of the respective bearing means and wherein each screw element comprises a screw tip, which is designed to transmit a displacement motion of the screw element to the corresponding actuation point of the lens shaping element.
However Bonora, in the same field of endeavor because both teach an optical device, teaches wherein each screw element (Fig. 12, element 21) is moveably mounted along the longitudinal axis (as shown in Fig. 12, 21 is mounted parallel to the optical axis) of the respective bearing means (19) and wherein each screw element (21, 22) comprises a screw tip (16, 17), which is designed to transmit a displacement motion of the screw element (21, 22) to the corresponding actuation point (50’ and 50”) of the lens shaping element (2’ and 2”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the wherein each screw element is moveably mounted along the longitudinal axis of the respective bearing means and wherein each screw element comprises a screw tip, which is designed to transmit a displacement motion of the screw element to the corresponding actuation point of the lens shaping element as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Regarding claim 6, modified Patscheider teaches as is set forth in claim 4 rejection above but does not specifically disclose wherein each screw element is non-moveable along the longitudinal axis of its respective bearing means and wherein each screw element comprises a threaded radial surface, which is designed to transmit a displacement motion of the screw element to the corresponding actuation point of the lens shaping element, preferably via a spindle nut.
However Bonora, in the same field of endeavor because both teach an optical device, teaches wherein each screw element (Fig. 12, element 21 and 22) is non-moveable along the longitudinal axis of its respective bearing means ([0164], “worm screws 21, 22 move the first and second carriage 16, 17 parallel to the optical axis”) and wherein each screw element (21 and 22) comprises a threaded radial surface ([0164], “a respective threaded through hole”), which is designed to transmit a displacement motion of the screw element (21 and 22) to the corresponding actuation point (50’ and 50”) of the lens shaping element (10), preferably via a spindle nut ([0164], “a respective threaded through hole”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the wherein each screw element is non-moveable along the longitudinal axis of its respective bearing means and wherein each screw element comprises a threaded radial surface, which is designed to transmit a displacement motion of the screw element to the corresponding actuation point of the lens shaping element, preferably via a spindle nut as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Regarding claim 7, modified Patscheider teaches as is set forth in claim 1 rejection above and Patscheider further discloses the amount of actuation points (S1-S6) is at least five (as shown in Fig. 14, there are 6 actuation points) and the actuation points are distributed along the perimeter of the lens shaping element (as shown in Fig. 14, they S1-S6 are located along the perimeter) such that the relative displacement of at least one actuation point with respect to the at least another actuation point causes the central area to be shaped according to a Zernike polynomial with a radial degree greater than zero, particularly comprising at least one of the modes
Z
2
0
,
Z
1
-
1
,
Z
1
1
,
Z
2
-
2
,
Z
2
2
(as shown in Fig. 14, since there are 6 actuation points equally spaced from one another, there is at least a Zernike polynomial with a radial degree of 1).
Regarding claim 8, modified Patscheider teaches as is set forth in claim 1 rejection above and Patscheider further discloses comprising at least one actuator (30), which is arranged to interact with the lens shaping element (4, as shown in Fig. 14, 30 interacts with 4) in at least one of its actuation points (S1-S6) and/or its bearing means (5) and is configured to adjust the lens shaping element (4) and the membrane (22) in the central area (23) of the optical device (1) by a relative displacement of at least one actuation point with respect to the transparent bottom and/or with respect to another actuation point (Pg. 16, lines 22-25, “each actuator 31 is configured to displace one of the points S1 , ..., S6 to bend the deformable lens shaping element 4 out of the plane P in order to adjust the cylindrical power, and particularly also the other powers (sphere and prism).”).
Regarding claim 9, modified Patscheider teaches as is set forth in claim 4 rejection above but does not specifically disclose comprising at least one actuator with a drive and a screwdriver, wherein the drive is configured to propel the screwdriver in a rotary motion around a longitudinal axis and wherein the screwdriver and at least one screw element of the optical device comprise corresponding mechanical interfaces so that the rotary motion of the screwdriver is transmittable to the screw element and wherein the displacement of an actuation point is adjustable as a function of the rotary motion of the screwdriver.
However Bonora, in the same field of endeavor because both teach an optical device, teaches comprising at least one actuator with a drive and a screwdriver ([0160], “first electric motor 19 and second electric motor 20”, examiner interprets the motors to be screwdrivers since they drive the screw members 21 and 22 in Fig. 12), wherein the drive is configured to propel the screwdriver in a rotary motion around a longitudinal axis ([0160], “first electric motor 19 and second electric motor 20 placed laterally with respect to the first support base 14, with which they are mechanically engaged and placed for being driven in rotation”) and wherein the screwdriver (19, 20) and at least one screw element (21, 22) of the optical device (1) comprise corresponding mechanical interfaces so that the rotary motion of the screwdriver is transmittable to the screw element ([0159], “a first electric motor 19 mechanically connected to the first carriage 16 by means of a first worm screw 21”) and wherein the displacement of an actuation point is adjustable as a function of the rotary motion of the screwdriver ([0160], “In order to move the first and the second end 2′, 2″ of the first membrane 2 … they are mechanically engaged and placed for being driven in rotation with the rotation of the motor itself”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the comprising at least one actuator with a drive and a screwdriver, wherein the drive is configured to propel the screwdriver in a rotary motion around a longitudinal axis and wherein the screwdriver and at least one screw element of the optical device comprise corresponding mechanical interfaces so that the rotary motion of the screwdriver is transmittable to the screw element and wherein the displacement of an actuation point is adjustable as a function of the rotary motion of the screwdriver as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Regarding claim 16, modified Patscheider teaches as is set forth in claim 9 rejection above but does not specifically disclose with a plurality of actuators, each comprising a drive and a screwdriver, which are arranged according to the actuation points of the lens shaping element, and which each are designed to interact with all actuation points and/or bearing means of the optical device simultaneously.
However Bonora, in the same field of endeavor because both teach an optical device, teaches with a plurality of actuators, each comprising a drive and a screwdriver ([0160], “first electric motor 19 and second electric motor 20”, examiner interprets the motors to be screwdrivers since they drive the screw members 21 and 22), which are arranged according to the actuation points (Fig. 12, elements 50’ and 50”) of the lens shaping element (2’ and 2”), and which each are designed to interact with all actuation points and/or bearing means of the optical device (1) simultaneously ([0158], “the first drive member 9 comprises at least one electric motor 19, 20 operatively connected to the first carriage 16 and to the second carriage 17 in order to move them at least parallel to the optical axis O”, in combination with Fig. 12, examiner interprets this to mean that 19 and 20 interact with actuation points 50’ and 50”simultaneously).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the with a plurality of actuators, each comprising a drive and a screwdriver, which are arranged according to the actuation points of the lens shaping element, and which each are designed to interact with all actuation points and/or bearing means of the optical device simultaneously as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Regarding claim 17, Patscheider discloses optical system (Figs. 1 and 14, element 1) comprising
an optical device (1), particularly an ophthalmic device (Pg. 1, line 5-6, “ophthalmic device”), with
a container (2) enclosing an internal space (3), wherein the internal space (3) is filled with a transparent liquid (L), and wherein the container comprises a transparent bottom (21) and a transparent and elastically deformable membrane (22) opposing said bottom (as shown in Fig. 14, 22 opposes 21) such that the liquid is arranged between the membrane and the bottom (as shown in Fig. 14, 21 and 2 contain the liquid L),
a circumferential lens shaping element (4) connected to the membrane (as shown in Fig. 14, 4 is connected to 22) so that a circumferential edge of the lens shaping element defines a central area (23) of the membrane so that light can pass through the container via the central area and the bottom (Pg. 13, lines 28-29, “so that light can pass through the container 2 via the central area 23 and the bottom 21”), wherein
the lens shaping element (4) is deformable and comprises a plurality of actuation points (S1-S6), wherein in each of the actuation points the lens shaping element (4) is moveably mounted with respect to the transparent bottom by a bearing means (5, as shown in Fig. 14, 5 serves as a bearing for 4) and wherein at least one actuation point is displaceable with respect to the transparent bottom (Pg. 16, line 33-Pg. 17, 1, “the respective actuator 31 can be configured to push against the respective point S1. S6, wherein a restoring force is provided by an associated spring element 5 as depicted in the embodiments of Figs. 12, 13 and 14”),
the optical system further comprising a tuning unit (30) with
at least one actuator (31), which is arranged to interact with the lens shaping element (4, as shown in Fig. 14, 30 interacts with 4) of the optical device (1) in at least one of its actuation points (S1-S6) and/or its bearing means (5) and is configured to adjust the lens shaping element (4) and the membrane (22) in the central area (23) of the optical device (1) by a relative displacement of at least one actuation point with respect to the transparent bottom and/or with respect to another actuation point (Pg. 16, lines 22-25, “each actuator 31 is configured to displace one of the points S1 , ..., S6 to bend the deformable lens shaping element 4 out of the plane P in order to adjust the cylindrical power, and particularly also the other powers (sphere and prism).”), wherein
the optical device (1) and the tuning unit (30) are connectable to each other and in a connected state of the optical device (1) and the tuning unit (30), the tuning unit (30) is configured to change at least one optical property of the optical device (Pg. 16, lines 18-20, “an actuator system 30 that is configured to bend the deformable lens shaping element 4 out of the plane P in order to adjust the cylindrical power”), particularly by an interaction between the at least one actuator (31) with the at least one actuation point (S1-S6) and/or the bearing means (5).
Patscheider does not specifically disclose wherein the bearing means each comprise at least one screw element, the screw element being configured to cause a displacement of the corresponding actuating point along an actuating axis of the respective bearing means.
However Bonora, in the same field of endeavor because both teach an optical device, teaches wherein the bearing means each comprise at least one screw element (Fig. 12, 19 and 20) each comprise at least one screw element (21, 22), the screw element being configured to cause a displacement of the corresponding actuating point ([0164], “with the rotation of the first and of the second electric motor 19, 20, the first and the second worm screws 21, 22 move”) along an actuating axis of the respective bearing means ([0160], “the first and the second worm screws 21, 22 of the first actuator means 6 are extended starting from the respective first electric motor 19 and second electric motor 20 placed laterally with respect to the first support base 14”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider with the wherein the bearing means each comprise at least one screw element, the screw element being configured to cause a displacement of the corresponding actuating point along an actuating axis of the respective bearing means as taught by Bonora, for the purpose of actuating the optical element along an optical axis ([0158]).
Modified Patscheider does not specifically disclose wherein a mechanical connection between the optical device and the tuning unit may be repeatedly connected and disconnected, wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device by an interaction between at least one actuator of the tuning unit and the bearing means.
However Smyth, in the same field of endeavor because both teach an optical device, teaches wherein a mechanical connection (examiner interprets this connection to occur at element 3710 in Fig. 37) between the optical device (Figs. 37-38, element 3744) and the tuning unit (Col. 30, lines 41-42, “screw 3716 is turned, either manually”) may be repeatedly connected and disconnected (examiner interprets the manual function of the screw turning to be done via a person, and therefore is disconnected or connected when the person starts and stops manual adjustment), wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device (Cols. 30-31, lines 66-2, “tailor the shape of the actuated deformable optical element 3744 to accommodate a particular user's eyes and/or to adjust for an image displayed or viewed through the deformable optical element 3744”) by an interaction between at least one actuator of the tuning unit and the bearing means (3710).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora with the wherein a mechanical connection between the optical device and the tuning unit may be repeatedly connected and disconnected, wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device by an interaction between at least one actuator of the tuning unit and the bearing means as taught by Smyth, for the purpose of tailoring the lens to a user’s eyes (Cols. 30-31, lines 66-2).
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Patscheider (WO 2020/120806) in view of Bonora (US 2022/0357569), further in view of Smyth (US 11,614,570) and Stevens (US 2020/0348523).
Regarding claim 10, modified Patscheider teaches as is set forth in claim 9 rejection above but does not specifically disclose comprising a controller unit, which is connected to the drive by means of signal transmission and wherein a dataset is available in the controller unit or the optical device, which dataset represents a targeted tuning state of the screw element and/or an information corresponding thereto and wherein the controller unit is configured to control the drive to propel the screwdriver in order to displace the screw element from an initial tuning state to the targeted tuning state.
However Stevens, in the same field of endeavor because both teach an optical device, teaches comprising a controller unit (Figs. 29-31 and 35, element 702), which is connected to the drive (570) by means of signal transmission (as shown in Fig. 35, 702 is connected to 570) and wherein a dataset is available in the controller unit or the optical device ([0212], “702 comprising a processor and a memory device”), which dataset represents a targeted tuning state of the screw element and/or an information corresponding thereto ([0212], “The memory device also stores data relating settings of the sliding cam actuator 601 and the curvature of the discrete regions of the support ring”) and wherein the controller unit is configured to control the drive to propel the screwdriver in order to displace the screw element from an initial tuning state to the targeted tuning state ([0213], “If the measured focusing power of the lens assembly 500 is not equal to the target focusing power, the microcontroller transmits first and second control signals respectively”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora further in view of Smyth with the comprising a controller unit, which is connected to the drive by means of signal transmission and wherein a dataset is available in the controller unit or the optical device, which dataset represents a targeted tuning state of the screw element and/or an information corresponding thereto and wherein the controller unit is configured to control the drive to propel the screwdriver in order to displace the screw element from an initial tuning state to the targeted tuning state as taught by Stevens, for the purpose of improving control of the curvature of the optical element ([0014]).
Regarding claim 11, modified Patscheider teaches as is set forth in claim 10 rejection above but does not specifically disclose wherein the initial tuning state is represented by a rotation angle and/or a screwing height of the screw element and/or a position of the lens shaping element and the tuning unit comprises a sensor means to detect the initial tuning state and to transmit the initial state to the controller unit.
However Stevens, in the same field of endeavor because both teach an optical device, teaches wherein the initial tuning state is represented by a rotation angle and/or a screwing height of the screw element and/or a position of the lens shaping element ([0173], “the microcontroller 202 calculates the correct curvature (1/R.sub.Btz) for each of the curvature sensors 190 in step 304 to provide the target focusing power”) and the tuning unit (202) comprises a sensor means (190) to detect the initial tuning state and to transmit the initial state to the controller unit ([0175], “If the curvature is incorrect at one of more of the curvature sensors 190, steps 305 and 306 are repeated until the curvature (1/R.sub.Btz) at each curvature sensor 190 is correct”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora, further in view of Smyth and Stevens with the wherein the initial tuning state is represented by a rotation angle and/or a screwing height of the screw element and/or a position of the lens shaping element and the tuning unit comprises a sensor means to detect the initial tuning state and to transmit the initial state to the controller unit as taught by Stevens, for the purpose of improving control of the curvature of the optical element ([0014]).
Regarding claim 12, modified Patscheider teaches as is set forth in claim 11 rejection above but does not specifically disclose wherein the controller unit, the drive and the sensor means at least partially define a feedback loop, wherein the sensor means is configured to detect an actual tuning state of the screw element and/or the position of lens shaping element during a tuning process and to transmit an actual tuning state to the controller unit, which is designed to control the drive as a function of the initial tuning state and/or the actual tuning state and/or the targeted tuning state.
However Stevens, in the same field of endeavor because both teach an optical device, teaches wherein the controller unit (Figs. 23, 29-31 and 35, element 702), the drive and the sensor means (202 and 190) at least partially define a feedback loop (as shown in Fig. 23, a feedback loop is formed ), wherein the sensor means (190) is configured to detect an actual tuning state of the screw element and/or the position of lens shaping element ([0175], “Using inputs from the curvature sensors 190 in step 306, the microcontroller 202 checks whether the curvature of the support ring 159 at each curvature sensor 190 is correct”) during a tuning process and to transmit an actual tuning state to the controller unit, which is designed to control the drive as a function of the initial tuning state and/or the actual tuning state and/or the targeted tuning state ([0175], “If the curvature is incorrect at one of more of the curvature sensors 190, steps 305 and 306 are repeated until the curvature (1/R.sub.Btz) at each curvature sensor 190 is correct”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora, further in view of Smyth and Stevens with the wherein the controller unit, the drive and the sensor means at least partially define a feedback loop, wherein the sensor means is configured to detect an actual tuning state of the screw element and/or the position of lens shaping element during a tuning process and to transmit an actual tuning state to the controller unit, which is designed to control the drive as a function of the initial tuning state and/or the actual tuning state and/or the targeted tuning state as taught by Stevens, for the purpose of improving control of the curvature of the optical element ([0014]).
Regarding claim 13, modified Patscheider teaches as is set forth in claim 12 rejection above but does not specifically disclose wherein the controller unit and the drive are configured to set the initial tuning state of the screw element by tuning the screw element into an end position.
However Stevens, in the same field of endeavor because both teach an optical device, teaches wherein the controller unit (Fig. 23, element 202) and the drive are configured to set the initial tuning state of the screw element by tuning the screw element into an end position ([0204], “the sliding cam actuator 601 is also fitted with a limit sensor 620”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora, further in view of Smyth and Stevens with the wherein the controller unit and the drive are configured to set the initial tuning state of the screw element by tuning the screw element into an end position as taught by Stevens, for the purpose of improving control of the curvature of the optical element ([0014]).
Regarding claim 14, modified Patscheider teaches as is set forth in claim 11 rejection above but does not specifically disclose wherein the sensor means is configured to determine an actual deformation of the central area and/or a corresponding information thereto and the controller unit is configured to transform the actual deformation of the central area in at least one tuning state of one of the screw elements.
However Stevens, in the same field of endeavor because both teach an optical device, teaches wherein the sensor means (190) is configured to determine an actual deformation of the central area and/or a corresponding information thereto ([0175], “Using inputs from the curvature sensors 190 in step 306, the microcontroller 202 checks whether the curvature of the support ring 159 at each curvature sensor 190 is correct”) and the controller unit (202) is configured to transform the actual deformation of the central area in at least one tuning state of one of the screw elements ([0166], “The microcontroller 202 is also arranged to output control signals to the curvature controllers 170”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora, further in view of Smyth and Stevens with the wherein the sensor means is configured to determine an actual deformation of the central area and/or a corresponding information thereto and the controller unit is configured to transform the actual deformation of the central area in at least one tuning state of one of the screw elements as taught by Stevens, for the purpose of improving control of the curvature of the optical element ([0014]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Patscheider (WO 2020/120806) in view of Bonora (US 2022/0357569), further in view of Smyth (US 11,614,570), Stevens (US 2020/0348523) and Craen (US 2010/0040355).
Regarding claim 15, modified Patscheider teaches as is set forth in claim 14 rejection above but does not specifically disclose comprising at least a calibration pattern and at least an image sensor that are arrangeable in a transmissive and/or a reflective arrangement with respect to the optical device, and wherein the image sensor is connected to the controller unit by means of signal transmission and the controller unit is configured to identify the actual deformation of the central area as a function of image data.
However Craen, in the same field of endeavor because both teach an optical device, teaches comprising at least a calibration pattern ([0085], “it is possible to calibrate the liquid lens response curve”) and at least an image sensor ([0085], “image of the source on the sensor”) that are arrangeable in a transmissive and/or a reflective arrangement with respect to the optical device (1), and wherein the image sensor (Figs. 8A-8B, 820) is connected to the controller unit (807) by means of signal transmission and the controller unit is configured to identify the actual deformation of the central area as a function of image data ([0085], “by calculating the displacement of the centroid of the image of the source on the sensor, it is possible to determine the tilt introduced by the liquid lens as function of the voltage applied, and thus, it is possible to calibrate the liquid lens response curve”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical device of Patscheider in view of Bonora, further in view of Smyth and Stevens with the comprising at least a calibration pattern and at least an image sensor that are arrangeable in a transmissive and/or a reflective arrangement with respect to the optical device, and wherein the image sensor is connected to the controller unit by means of signal transmission and the controller unit is configured to identify the actual deformation of the central area as a function of image data as taught by Craen, for the purpose of allowing for automatic calibration ([0085]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Schachar (US 5,774,274) teaches an optical device, particularly an ophthalmic device, comprising: a container, a circumferential lens shaping element, wherein the optical device is configured such that a mechanical connection between the optical device and a tuning unit may be repeatedly connected and disconnected, wherein, when connected, the tuning unit is configured to change at least one optical property of the optical device by an interaction between at least one actuator of the tuning unit and a bearing means.
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/MATTHEW Y LEE/Examiner, Art Unit 2872 14 April 2026
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