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 .
Response to Amendment
The amendments filed 08/07/2025 have been entered. Claims 1-7, and 9-14 remain pending in the application.
Response to Arguments
Applicant's arguments filed 08/07/2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record fails to disclose the limitations of amended claim 1, specifically, a first layer formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens include a second layer formed with a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, wherein the second layer positioned as an inner layer relative to the first layer in both of the first ophthalmic printed lens and the second ophthalmic printed lens. Applicant asserts that the dyes of Valentine are all present within a single lens layer thus failing to disclose a first layer formed with a first dye and a second layer formed with a second dye. Examiner respectfully disagrees. Regarding applicant’s argument wherein the prior art fails to discloses the limitations of independent claims 1, 9, and 14, examiner notes, as stated in Para [0081] of Valentine “Subsets of colorants may be mixed and infused with the optical substrate in various layers, which when combined to form a single optical system”. In other words, colorants/dyes may be formed in individual layers and combined to form the desired transmission spectra. Regarding applicant’s argument wherein Valentine fails to disclose “wherein the second layer positioned as an inner layer relative to the first layer in both of the first ophthalmic printed lens and the second ophthalmic printed lens”, examiner notes Para [0177] of Valentine and Fig 28 wherein an embodiment of the lens contains a first layer 2824 and a second layer 2828 which is positioned as an inner layer as opposed to the outer first layer 2824. For these reasons examiner maintains the rejection of claims 1, 9, and 14 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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins (US 2023/0299470, of record) in view of Valentine (US 2021/0080754, of record).
Regarding claim 1, Jenkins discloses a set of eyeglasses (see Fig 1) comprising: a printed frame having a first opening and a second opening (see Fig 1 and 3; Para [0035]; antenna layer 302 which forms part of the frame of the lens may be 3d printed; In Fig 1 the eyewear frame 102 has a first/left opening and a second/right opening); a first ophthalmic printed lens for the first opening in the printed frame; and a second ophthalmic printed lens for the second opening in the printed frame (see Figs 1 and 5; Para [0039-0042]; lenses may be 3d printed lens that are placed in the frame 102 of the device).
Jenkins does not disclose wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens including a first layer formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens include a second layer formed with a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, wherein the second layer positioned as an inner layer relative to the first layer in both of the first ophthalmic printed lens and the second ophthalmic printed lens. Jenkins and Valentine are related because both discloses ophthalmic eyewear.
Valentine discloses ophthalmic eyewear (see Fig 27) wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens including a first layer formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers (see Fig 13; Para [0123]; absorptive dyes used with absorption peak at 560 causing an average transmission of less than 10% in said region; from transmission graph an absorption of greater than 50% can be determined), wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens include a second layer formed with a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers (see Fig 13; Para [0123]; Fig 13 shows an ophthalmic device where multiple absorbing dyes are used to absorb light at greater than 50% as seen in the transmission chart in Fig 13 with peak absorption occurring at intervals of 480-500 nm; a lens may be formed from multiple colorant layers as seen in Fig 1 and Para [0081]), wherein the second layer positioned as an inner layer relative to the first layer in both of the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of interior thin film layers 130 each with different color dependent dyes; Jenkins discloses the use of two lenses; Fig 28 shows a first outer layer proceeded by a plurality of second layers 2828).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens including a first layer formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens include a second layer formed with a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, wherein the second layer positioned as an inner layer relative to the first layer in both of the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 2, Jenkins in view of Valentine discloses the set of eyeglasses of claim 1. Jenkins does not disclose wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, the first dye therein in a first portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers (see Fig 13; Para [0123]; absorptive dyes used with absorption peak at 560 causing an average transmission of less than 10% in said region; from transmission graph an absorption of greater than 50% can be determined), the first dye therein in a first portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of thin film layers 130 with different color dependent dyes; Jenkins discloses the use of two lenses)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, the first dye therein in a first portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 3, Jenkins in view of Valentine discloses the set of eyeglasses of claim 2. Jenkins does not disclose wherein the first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses wherein the first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of interior thin film layers 130 with different color dependent dyes in an interior of a lens as seen in Fig 1; Jenkins discloses the use of two lenses)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein the first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 4, Jenkins in view of Valentine discloses the set of eyeglasses of claim 1. Jenkins does not disclose wherein the second dye therein in a second portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses the second dye therein in a second portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of interior thin film layers 130 each with different color dependent dyes; Jenkins discloses the use of two lenses)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein the second dye therein in a second portion of both of the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 5, Jenkins in view of Valentine discloses the set of eyeglasses of claim 4. Jenkins does not disclose wherein the second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses wherein the second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of interior thin film layers 130 with different color dependent dyes in an interior of a lens as seen in Fig 1; Jenkins discloses the use of two lenses; In the example of fig 13 around nine dyes are used)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein the second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 6, Jenkins in view of Valentine discloses the set of eyeglasses of claim 1. Jenkins does not disclose wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens are formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, and a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, the first dye and second dye within both of the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens are formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, and a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, the first dye and second dye within both of the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 13; Para [0123]; Fig 13 shows an ophthalmic device where multiple absorbing dyes are used to absorb light at greater than 50% as seen in the transmission chart in Fig 13 with peak absorption occurring at intervals of 480-500 nm and 550-580 nm)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins wherein both of the first ophthalmic printed lens and the second ophthalmic printed lens are formed with a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers, and a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers, the first dye and second dye within both of the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 7, Jenkins in view of Valentine discloses the set of eyeglasses of claim 6. Jenkins does not disclose wherein the first dye is in a first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, and the second dye is in a second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, the first portion and the second portion being different portions inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens.
Valentine discloses wherein the first dye is in a first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, and the second dye is in a second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, the first portion and the second portion being different portions inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens (see Fig 1; Para [0080]; the optical lens devices 100 may have a plurality of interior thin film layers 130 with different color dependent dyes in an interior of a lens as seen in Fig 1 this includes the dyes of the example in Fig 13 which peak at 500nm and 575nm; Jenkins discloses the use of two lenses)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Jenkins with wherein the first dye is in a first portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, and the second dye is in a second portion of both the first ophthalmic printed lens and the second ophthalmic printed lens, the first portion and the second portion being different portions inside both of the first ophthalmic printed lens and the second ophthalmic printed lens is an inner layer of both the first ophthalmic printed lens and the second ophthalmic printed lens of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Claims 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lecompere (US 2023/0041524, of record) in view of Valentine (US 2021/0080754, of record).
Regarding claim 9, Lecompere discloses a printed ophthalmic lens for eyeglasses (see Fig 4; Para [0057-0063]) comprising: a first major exterior surface (see Figs 4 and 5; Para [0057, 0082-0083]; a bottom most surface of build surface 30 forms a first exterior surface); a second major exterior surface (see Fig 4; Para [0078]; a top surface formed at the top of device composed of a hardened coating liquid 46); and an interior portion between the first major exterior surface and the second major exterior surface (see Fig 4; Para [0073]; an interior portion is formed of volume elements 14).
Lecompere does not disclose wherein the interior portion including a first layer including a first dye configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers and a second layer including a second dye configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers. Lecompere and Valentine are related because both disclose ophthalmic lenses.
Valentine discloses an ophthalmic lens (see Fig 27) wherein the interior portion including a first layer including a first dye configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers (see Fig 13; Para [0123]; Fig 13 shows an ophthalmic device with a light absorbing dye that is used to absorb light at greater than 50% as seen in the transmission chart in Fig 13 with peak absorption occurring at 550-580 nm) and a second layer including a second dye configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers (see Fig 13; Para [0123]; Fig 13 shows an ophthalmic device where multiple absorbing dyes are used to absorb light at greater than 50% as seen in the transmission chart in Fig 13 with a peak absorption at 1370 occurring at intervals of 480-500 nm corresponding to a specific dye layer; Lecompere discloses a plurality of volume elements 14 composed of resin material)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Lecompere with wherein the interior portion including a first layer including a first dye configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers and a second layer including a second dye configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 10, Lecompere in view of Valentine discloses the printed ophthalmic lens for eyeglasses of claim 9. Lecompere does not disclose wherein the second layer positioned as an inner layer relative to the first layer.
Valentine discloses wherein the second layer positioned as an inner layer relative to the first layer (see Fig 1; Para [0080]; optical lens devices 100 may have a plurality of thin film layers 130 with different color dependent dyes; see Fig 28 embodiment contains a first outer layer and a second plurality of inner layer 2828)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify wherein the second layer positioned as an inner layer relative to the first layer of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 11, Lecompere in view of Valentine discloses the printed ophthalmic lens for eyeglasses of claim 9. Lecompere does not disclose wherein the second layer is different than the first layer.
Valentine discloses wherein the second layer is different than the first layer (see Fig 1; Para [0081]; each layer may be configured with a specific colorant as stated in Para [0081])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Lecompere with wherein the second layer is different than the first layer of Valentine for the purpose of enhancing a patient’s vision and/or correcting color vision deficiencies (Para [0123])
Regarding claim 12, Lecompere in view of Valentine discloses the printed ophthalmic lens for eyeglasses of claim 11. Lecompere further discloses wherein the first layer is printed separately from the second layer (see Fig 1; Para [0057-0059]; the optical element may be printed in multiple separate layered units; Valentine discloses the first layer and second layer being separate and different colorants/dyes).
Regarding claim 13, Lecompere in view of Valentine discloses the printed ophthalmic lens for eyeglasses of claim 11. Lecompere further disclose wherein the first layer and the second layer extend to all the edges of the printed ophthalmic lens (see Fig 1; Para [0059]; the first few layers of volume elements 14 extend around all edges of the lens).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Patel (US 2018/0001581, of record) in view of Valentine (US 2021/0080754, of record).
Regarding claim 14, Patel discloses a process of forming an ophthalmic lens (see Fig 5), comprising: providing a first liquid resin solution including a first dye (see Fig 5; Para [0116]; a liquid resin solution PµSL may contain a UV absorbing dye, Sudan I, which absorbs light in 364nm); printing a first layer including the first liquid resin solution with an additive manufacturing process; curing the first layer by exposure to ultraviolet light; providing a second liquid resin solution; printing a second layer including the second liquid resin solution with an additive manufacturing process; curing the second layer by exposure to ultraviolet light; and coupling the first layer to the second layer (see Fig 5; Para [0110-0114]; lens formed using 3d printing, a type of additive manufacturing process, and cured using UV light layer by layer; see Para [0080-0083]; plurality of different layer may be printed on each other which contain additional additives and configured to fuse into a singular structure as seen in Fig 7C). Patel does not disclose wherein the first liquid resin solution including a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers; and providing a second liquid resin solution including a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers. Patel and Valentine are related because both disclose ophthalmic lenses.
Valentine discloses an ophthalmic lens (see Fig 27) wherein the first liquid resin solution including a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers; and providing a second liquid resin solution including a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers. (see Fig 13; Para [0123]; Fig 13 shows an ophthalmic device where multiple absorbing dyes are used to absorb light at greater than 50% as seen in the transmission chart in Fig 13 with peak absorption occurring at intervals of 480-500 nm and 550-580 nm coming from different dye layers as disclosed in Para [0123]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Patel with wherein the first liquid resin solution including a first dye therein configured to absorb at least 50% of incident light in a spectral band between 550 nanometers and 580 nanometers; and providing a second liquid resin solution including a second dye therein configured to absorb at least 50% of incident light in a spectral band between 480 nanometers and 500 nanometers of Valentine for the purpose of enhancing a patients vision and/or correcting color vision deficiencies (Para [0123])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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