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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 23, 2026 has been entered.
Claim Objections
Claim 78 is objected to because of the following informalities: In claim 78, line 2, before “visible light transmission”, “a” should be deleted and “an average” should be inserted. It should be noted that the instant application fails to support a visible light transmission from about 10% to about 50% as the disclosed embodiments have a transmission greater than about 50% for the visible range of about 700 nm to 780 nm. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 78 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coppa (U.S. Patent Publication 2019/0235282).
With regard to independent claim 78, Coppa teaches a lens for an eyewear (page 1, paragraph [0002]), wherein: a[n average] visible light transmission of the lens is from about 10% to about 50% (Figure 32A); and a spectral profile of the lens comprises a saddleback absorbance peak (see annotated Figure 32B below), wherein the local minimum absorbance of the saddleback absorbance peak is positioned at a first wavelength in a spectral range of about 570 nm to about 600 nm (see annotated Figure 32B below), the saddleback absorbance peak having a local minimum absorbance located between a first maximum absorbance and a second maximum absorbance (see annotated Figure 32B below), wherein an optical density at the first maximum absorbance of the saddleback peak at a first wavelength is from about 0.5 to about 1.5 (see annotated Figure 32B below) and wherein an average transmittance in a spectral range of about 480 nm to about 530 nm is greater than about 5% (Figure 32A).
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Allowable Subject Matter
Claims 1, 3-32, 50-61 and 71-77 are allowed.
The following is an examiner’s statement of reasons for allowance: The reasons for allowance are as set forth in the Office action mailed October 23, 2025 and Applicant’s Remarks (page 12, last paragraph-page 13, last paragraph), filed March 23, 2026.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mahadevan et al (U.S. Patent Number 11,820,899) teaches an ophthalmic lens having a particular transmission spectra.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARRYL J COLLINS/Primary Examiner, Art Unit 2872
08 April 2026
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