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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/12/2025 has been considered by the examiner.
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, 8, 10, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Macnamura et al. (US 2018/0136486) in view of Sapiens et al. (US 2022/0087522).
Regarding claim 1, Macnamura discloses, a method of correcting vision by a vision correcting apparatus comprising a focus adjustable lens (Figs. 5-12), the method comprising:
determining a first dioptric power for matching far focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching far-sightedness (i.e., hyperopia)), based on far vision of a user (Para. 0095 and 0173-0174);
determining a second dioptric power for matching near focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching short-sightedness (i.e., myopia)), based on corrected near vision of the user measured based on the first dioptric power (Para. 0095 and 0173-0174);
determining at least one third dioptric power to be applied to the focus adjustable lens (Para. 0315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied) based on the first dioptric power and the second dioptric power (Para. 0095 and 0173-0174); and
controlling the focus adjustable lens based on the at least one third dioptric power (Para. 0095, 0173-01740315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied).
Macnamura does not explicitly disclose measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user.
Sapiens teaches, from the same field of endeavor that in a method of correcting vision by a vision correcting apparatus that it would have been desirable to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied (Para. 0016, lines 18-26 and 0062, lines 1-17), and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user (Para. 0016, lines 18-26 and 0062, lines 1-17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user as taught by the method of correcting vision by a vision correcting apparatus of Sapiens in the method of correcting vision by a vision correcting apparatus of Macnamura since Sapiens teaches it is known to include these features in a method of correcting vision by a vision correcting apparatus for the purpose of providing a method of correcting vision by a vision correcting apparatus with improved accuracy and precision.
Regarding claims 3, 10 and 17, Macnamura in view of Sapiens discloses and teaches as set forth above, and Macnamura further discloses, measuring the far vision of the user (Para. 0095 and 0173-0174); and measuring the corrected near vision of the user based on the first dioptric power (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching short-sightedness (i.e., myopia)).
Regarding claim 8, Macnamura discloses, an apparatus for correcting vision (Figs. 5-12), the apparatus comprising:
a focus adjustable lens (Para. 0174, lines 2-4);
a storage storing a program comprising at least one instruction (Para. 0044 and 0532); and
at least one processor (70, 72, 74) configured to execute the at least one instruction stored in the storage (Para. 0044 and 0532),
wherein the at least one processor is configured to execute the at least one instruction to:
determine a first dioptric power for matching far focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching far-sightedness (i.e., hyperopia)), based on far vision of a user (Para. 0095 and 0173-0174);
determine a second dioptric power for matching near focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching short-sightedness (i.e., myopia)), based on corrected near vision of the user measured based on the first dioptric power (Para. 0095 and 0173-0174);
determine at least one third dioptric power to be applied to the focus adjustable lens (Para. 0315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied) based on the first dioptric power and the second dioptric power (Para. 0095 and 0173-0174); and
control the focus adjustable lens based on the at least one third dioptric power (Para. 0095, 0173-01740315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied).
Macnamura does not explicitly disclose measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user.
Sapiens teaches, from the same field of endeavor that in an apparatus for correcting vision that it would have been desirable to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied (Para. 0016, lines 18-26 and 0062, lines 1-17), and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user (Para. 0016, lines 18-26 and 0062, lines 1-17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user as taught by the apparatus for correction vision of Sapiens in the apparatus for correcting vision of Macnamura since Sapiens teaches it is known to include these features in an apparatus for correcting vision for the purpose of providing an apparatus for correcting vision with improved accuracy and precision.
Regarding claim 15, Macnamura discloses, a non-transitory computer-readable recording medium (Para. 0044 and 0532; note, discloses a processing and data module that includes memory that is utilized for the processing, caching and storage of data. Also, discloses the method(s)/process(es) that are performed and generated as data signals that are stored on a variety of computer-readable transmission mediums) storing a program that is executable by a processor (70, 72, 74) of a vision correcting apparatus to perform a method of correcting vision (Figs. 5-12), the method comprising
determining a first dioptric power for matching far focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching far-sightedness (i.e., hyperopia)), based on far vision of a user (Para. 0095 and 0173-0174);
determining a second dioptric power for matching near focus (Para. 0095 and 0173-0174; note, discloses determining a dioptric power for matching short-sightedness (i.e., myopia)), based on corrected near vision of the user measured based on the first dioptric power (Para. 0095 and 0173-0174);
determining at least one third dioptric power to be applied to the focus adjustable lens (Para. 0315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied) based on the first dioptric power and the second dioptric power (Para. 0095 and 0173-0174); and
controlling the focus adjustable lens based on the at least one third dioptric power (Para. 0095, 0173-01740315; note, discloses determining a dioptric power for mid-depth (intermediate) plane to be applied).
Macnamura does not explicitly disclose measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user.
Sapiens teaches, from the same field of endeavor that in an apparatus for correcting vision that it would have been desirable to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied (Para. 0016, lines 18-26 and 0062, lines 1-17), and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user (Para. 0016, lines 18-26 and 0062, lines 1-17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include measuring corrected near vision of the user by using the focus adjustable lens with the first dioptric power applied, and determining a second dioptric power for matching near focus, by correcting the first dioptric power based on the measured corrected near vision of the user as taught by the apparatus for correction vision of Sapiens in the apparatus for correcting vision of Macnamura since Sapiens teaches it is known to include these features in an apparatus for correcting vision for the purpose of providing an apparatus for correcting vision with improved accuracy and precision.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-10, 12-17 and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 2, 5-7, 9, 12-14, 16 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claims 2, 9 and 16, in the Examiner’s opinion it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the determining the at least one third dioptric power comprises: determining whether the user is presbyopic; based on determining that the user is not presbyopic, determining the at least one third dioptric power by removing overcorrection of the first dioptric power based on the second dioptric power; and based on determining that the user is presbyopic, determining a fourth dioptric power to correct near vision of the user and the first dioptric power as the at least one third dioptric power in an apparatus for correcting vision and a method of correcting vision by a vision correcting apparatus for the purpose of providing an apparatus for correcting vision and a method of correcting vision by a vision correcting apparatus that accurately and precisely corrects a user’s vision.
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 DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 PM.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 02/19/2026