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.
Response to Amendment
The amendments filed 12/29/2025 have been entered. Claims 1-3, 5-9, 11-13, 15-18, and 20 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-9, 11-13, 15-18, and 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.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 is dependent on cancelled claim 14. For examination purposes examiner will interpret claim 18 as dependent on claim 12.
Appropriate correction is required.
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, 6, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Archer (US 2015/0146159, of record) in view of Pugh (US 2013/0194540) and Gutierrez (US 2017/0255025).
Regarding claim 1, Archer discloses a contact lens (see Fig 3B), comprising: a lens body including an optical portion and an annular wearing portion that surrounds the optical portion (see Fig 3B; Para [0082-0085, 0092]; an ophthalmic lens 360 has an optic zone portion 365 and a media insert annular portion 355 that surrounds the optical zone 365), wherein the lens body has a front surface and a rear surface that is opposite to the front surface and that is configured for being worn on an eye (see Figs 3A and 3B; Para [0082]; lens body has a front/left and rear/right surfaces that are configured to be worn on an eye of a user as seen in Fig 3A); and an embedded module including: a pre-mold body being made of an eye-friendly material, wherein the pre-mold body is entirely embedded in the lens body (see Fig 3A and 3B; Para [0037, 0082]; the insert which may be made of a hydrogel material is entirely embedded in the lens 360 as seen in Fig 3A), and the pre-mold body and the lens body are gaplessly connected to each other so as to jointly form a connection interface that is spaced apart from the front surface and the rear surface (see Fig 3A; Para [0082-0085]; the insert 355 and the lens 360 as gaplessly joined and form an interface that is spaced apart from both the front and rear surfaces of the lens as seen in Fig 3A), and wherein the pre-mold body includes: an inner optical layer, wherein the inner optical layer is embedded in the optical portion so as to divide the optical portion into a front optical layer and a rear optical layer that is spaced apart from the front optical layer (see Fig 3B; Para [0087]; the optical zone 365 part of the insert may comprise a variable optic portion that defines a layer disposed between a front optical layer and a rear optical layer of the lens body); and an enclosing ring extending from a peripheral edge of the inner optical layer and embedded in the annular wearing portion (see Fig 3B; Para [0082-0087]; media insert 355 may contain a ring of electronic components as seen in Fig 3B); and a circuit structure embedded in the enclosing ring, wherein a partial surface of the circuit structure is flush with an outer surface of the enclosing ring and is connected to the annular wearing portion (see Fig 3B; Para [0082-0087]; conductive traces 366 may be fully encapsulated and disposed on an outer side of the insert 355 as seen in Fig 3B).
Archer does not disclose wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the enclosing ring, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the enclosing ring and is connected to the annular wearing portion; wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component. Archer and Pugh are related because both disclose contact lenses.
Pugh discloses a contact lens (see Fig 12) wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the enclosing ring, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the enclosing ring and is connected to the annular wearing portion (see Fig 13; Para [0049]; the contact lens 1300 includes an electrical component 1326 antenna which is flush with the top of the inserted element as it forms part of the top of the inserted element; and is seated in the annular portion of the lens which examiner interprets as the ring shaped portion that surrounds optical portion 1202).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer with wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the enclosing ring, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the enclosing ring and is connected to the annular wearing portion of Pugh for the purpose of improving performance of electrical component while reducing size (Para [0074])
Archer in view of Pugh does not disclose wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component. Archer in view of Pugh and Gutierrez are related because both disclose contact lenses.
Gutierrez discloses a contact lens (see Fig 6) wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye (see Fig 5; Para [0057]; a concave rear surface has no slots and has a concave curvature to rest on a user’s eye), and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion (see Figs 3 and 6; Para [0065-0067]; a front surface of the lens 600 has an optical surface with a first curvature comprises lens portion 620); and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion (see Figs 3 and 6; Para [0065-0067]; a front surface of the lens 600 has an annular exterior surface with a second curvature which is comprised by lens portion 610; lens portion 610 has a different curvature then 620 as seen in Fig 3), so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component (see Fig 3; Para [0041-0042]; examiner is interpreting this to be equivalent to the lens 300 tapering from the end of the annular portion of 310 with element 340 to the edge of the lens 300)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh with wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component of Gutierrez for the purpose of improving the manufacturing of the contact lenses through reduced complexity (Para [0018])
Regarding claim 2, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 1 (see Fig 3A). Archer further discloses wherein any one of a material of the lens body and the eye-friendly material of the pre-mold body includes a hydrogel or a silicone hydrogel (see Fig 3A, 3B, 6A-6D; Para [0037]; contact lenses and insert may be made of silicon hydrogels and both front and rear lens surface as continuous and are not slotted).
Regarding claim 3, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 1 (see Fig 3A). Archer further discloses wherein the front optical layer, the rear optical layer, and the inner optical layer sandwiched between the front optical layer and the rear optical layer cooperate to jointly provide a diopter of the contact lens (see Figs 3A and 3B; Para [0087-0089]; optical layer of the insert which includes a variable optic, the rear optical layer, and front optical layer form a transparent unit that refracts light to provide a visual correction).
Regarding claim 6, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 1 (see Fig 3A). Archer further discloses the wherein the circuit structure includes a carrier and a circuit that is formed on the carrier and that is connected to the electronic component (see Fig 3A and 3B; Para [0083]; media insert 355 may comprise a substrate incorporating energizing elements such as processor 362).
Regarding claim 12, Archer discloses a contact lens (see Fig 3B), comprising: a lens body including an optical portion and an annular wearing portion that surrounds the optical portion (see Fig 3B; Para [0082-0085, 0092]; an ophthalmic lens 360 has an optic zone portion 365 and a media insert annular portion 355 that surrounds the optical zone 365), wherein the lens body has a front surface and a rear surface that is opposite to the front surface and that is configured for being worn on an eye (see Figs 3A and 3B; Para [0082]; lens body has a front/left and rear/right surfaces that are configured to be worn on an eye of a user as seen in Fig 3A); and an embedded module including: a pre-mold body being made of an eye-friendly material, wherein the pre-mold body is entirely embedded in the annular wearing portion of the lens body (see Fig 3A and 3B; Para [0037, 0082]; the insert which may be made of a hydrogel material is entirely embedded in the lens 360 as seen in Fig 3A), the pre-mold body is ring-shaped and surrounds the optical portion, and the pre-mold body and the lens body are gaplessly connected to each other so as to jointly form a connection interface that is spaced apart from the front surface and the rear surface (see Fig 3A; Para [0082-0085]; the insert 355 and the lens 360 are gaplessly joined and form an interface that is spaced apart from both the front and rear surfaces of the lens as seen in Fig 3A; pre-mold body may be ring shaped as seen in Fig 10 surrounding a central optical zone), and a circuit structure embedded in the pre-mold body, wherein a partial surface of the circuit structure is flush with an outer surface of the pre-mold body and is connected to the annular wearing portion (see Fig 3B; Para [0082-0087]; conductive traces 366 may be fully encapsulated and disposed on an outer side of the insert 355 as seen in Fig 3B).
Archer does not disclose wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the pre-mold body, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the pre-mold body and is connected to the annular wearing portion; wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component. Archer and Pugh are related because both disclose contact lenses.
Pugh discloses a contact lens (see Fig 12) wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the pre-mold body, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the pre-mold body and is connected to the annular wearing portion (see Fig 13; Para [0049]; the contact lens 1300 includes an electrical component 1326 antenna which is flush with the top of the inserted element as it forms part of the top of the inserted element; and is seated in the annular portion of the lens which examiner interprets as the ring shaped portion that surrounds optical portion 1202).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer with wherein the contact lens further includes an electronic component that is connected to the circuit structure and that is embedded in the pre-mold body, wherein a partial surface of the electronic component is exposed from and flush with the outer surface of the pre-mold body and is connected to the annular wearing portion of Pugh for the purpose of improving performance of electrical component while reducing size (Para [0074])
Archer in view of Pugh does not disclose wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component. Archer in view of Pugh and Gutierrez are related because both disclose contact lenses.
Gutierrez discloses a contact lens (see Fig 6) wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye (see Fig 5; Para [0057]; a concave rear surface has no slots and has a concave curvature to rest on a user’s eye), and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion (see Figs 3 and 6; Para [0065-0067]; a front surface of the lens 600 has an optical surface with a first curvature comprises lens portion 620); and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion (see Figs 3 and 6; Para [0065-0067]; a front surface of the lens 600 has an annular exterior surface with a second curvature which is comprised by lens portion 610; lens portion 610 has a different curvature then 620 as seen in Fig 3), so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component (see Fig 3; Para [0041-0042]; examiner is interpreting this to be equivalent to the lens 300 tapering from the end of the annular portion of 310 with element 340 to the edge of the lens 300)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh with wherein the rear surface of the lens body has no slot and has a predetermined curvature for being worn on the eye, and the front surface of the lens body has no slot and has: a viewable surface formed with a first curvature and corresponding in position to the optical portion; and a free curved surface, wherein the free curved surface is formed with a second curvature different from the first curvature and corresponds in position to the annular wearing portion, so that a thickness of the annular wearing portion gradually increases in a direction toward the electronic component of Gutierrez for the purpose of improving the manufacturing of the contact lenses through reduced complexity (Para [0018])
Regarding claim 13, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 12 (see Fig 3A). Archer further discloses wherein any one of a material of the lens body and the eye-friendly material of the pre-mold body includes a hydrogel or a silicone hydrogel (see Fig 3A, 3B, 6A-6D; Para [0037]; contact lenses and insert may be made of silicon hydrogels and both front and rear lens surface as continuous and are not slotted).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Archer (US 2015/0146159, of record) in view of Pugh (US 2013/0194540) and Gutierrez (US 2017/0255025) as applied to claim 1 above, and further in view of Toner (US 2015/0061990, of record).
Regarding claim 5, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 1 (see Fig 3A). Archer in view of Pugh and Gutierrez does not disclose wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier. Archer in view of Pugh and Gutierrez and Toner are related because both disclose electric lenses.
Toner discloses an electronic lens (see Fig 1B) wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier (see Fig 1B; Para [0068]; the electronics circuit with components 111-113 may be formed without carrier/substrate and directly inserted in lens material as seen in Fig 1B)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier of Toner for the purpose of reducing the size and complexity of the electronic contact lens (Para [0068])
Regarding claim 15, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 12 (see Fig 3A). Archer in view of Pugh and Gutierrez does not disclose wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier. Archer in view of Pugh and Gutierrez and Toner are related because both disclose electric lenses.
Toner discloses an electronic lens (see Fig 1B) wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier (see Fig 1B; Para [0068]; the electronics circuit with components 111-113 may be formed without carrier/substrate and directly inserted in lens material as seen in Fig 1B)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the circuit structure includes a circuit that is connected to the electronic component and that is not formed on any carrier of Toner for the purpose of reducing the size and complexity of the electronic contact lens (Para [0068])
Claims 7-8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Archer (US 2015/0146159, of record) in view of Pugh (US 2013/0194540) and Gutierrez (US 2017/0255025) as applied to claim 1 above, and further in view of Kinoshita (US 2023/0314842, of record).
Regarding claim 7, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 6. Archer in view of Pugh and Gutierrez does not disclose wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring; and a connection segment connected in-between two distal ends of the C-shaped segment; wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment. Archer in view of Pugh and Gutierrez and Kinoshita are related because both disclose contact lenses.
Kinoshita discloses a contact lens (see Fig 1) wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring (see Fig 1; Para [0047-0050]; substate 13 has slits 13a that are fully filled with the enclosed ring and is C shaped); and a connection segment connected in-between two distal ends of the C-shaped segment (see Fig 1; Para [0047]; device region 14 connects the two distal ends of the C shaped segment which encompasses substates and wiring); wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment (see Fig 1; Para [0047]; slits 13a around substrate 13 are between 1% to 85% of total C-shaped segment area as seen by Fig 1)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring; and a connection segment connected in-between two distal ends of the C-shaped segment; wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment of Kinoshita for the purpose of improving insulating properties of the electrical components of the lens (Para [0050])
Regarding claim 8, Archer in view of Pugh, Gutierrez, and Kinoshita discloses the contact lens according to claim 7 (Kinoshita: see Fig 1).
Kinoshita further discloses wherein the optical portion defines a central axis; wherein, in the top view of the contact lens, the central axis defines an origin point, the contact lens is sequentially divided into a first quadrant, a second quadrant, a third quadrant, and a fourth quadrant along a counterclockwise direction with respect to the origin point (see Fig 1; Para [0047-0049]; four quadrants can be defined as fourth equal sections as seen in annotated Fig 1 below); and wherein four parts of the at least one thru-hole are respectively arranged in the first quadrant, the second quadrant, the third quadrant, and the fourth quadrant, and an area of any one of the four parts of the at least one thru-hole is 50% to 150% of an area of another one of the four parts of the at
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least one thru-hole (see Fig 1; Para [0047-0049]; slits 13a are in all four quadrants and are similar in size thus area is around 100%).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the optical portion defines a central axis; wherein, in the top view of the contact lens, the central axis defines an origin point, the contact lens is sequentially divided into a first quadrant, a second quadrant, a third quadrant, and a fourth quadrant along a counterclockwise direction with respect to the origin point; and wherein four parts of the at least one thru-hole are respectively arranged in the first quadrant, the second quadrant, the third quadrant, and the fourth quadrant, and an area of any one of the four parts of the at least one thru-hole is 50% to 150% of an area of another one of the four parts of the at least one thru-hole of Kinoshita for the purpose of improving insulating properties of the electrical components of the lens (Para [0050])
Regarding claim 16, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 12 (see Fig 3A). Archer further discloses wherein the circuit structure includes a carrier and a circuit that is formed on the carrier and that is connected to the electronic components (see Fig 3A and 3B; Para [0083]; media insert 355 may comprise a substrate incorporating energizing elements such as processor 362).
Archer in view of Pugh and Gutierrez does not disclose wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring; and a connection segment connected in-between two distal ends of the C-shaped segment; wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment. Archer in view of Pugh and Gutierrez and Kinoshita are related because both disclose contact lenses.
Kinoshita discloses a contact lens (see Fig 1) wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring (see Fig 1; Para [0047-0050]; substate 13 has slits 13a that are fully filled with the enclosed ring and is C shaped); and a connection segment connected in-between two distal ends of the C-shaped segment (see Fig 1; Para [0047]; device region 14 connects the two distal ends of the C shaped segment which encompasses substates and wiring); wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment (see Fig 1; Para [0047]; slits 13a around substrate 13 are between 1% to 85% of total C-shaped segment area as seen by Fig 1)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the carrier includes: a C-shaped segment having at least one thru-hole that is fully filled with the enclosing ring; and a connection segment connected in-between two distal ends of the C-shaped segment; wherein, in a top view of the contact lens, an area of the at least one thru-hole is 1% to 85% of an area surrounded by an outer contour of the C-shaped segment of Kinoshita for the purpose of improving insulating properties of the electrical components of the lens (Para [0050])
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Regarding claim 17, Archer in view of Pugh, Gutierrez, and Kinoshita discloses the contact lens according to claim 16 (Kinoshita: see Fig 1).
Kinoshita further discloses wherein the optical portion defines a central axis; wherein, in the top view of the contact lens, the central axis defines an origin point, the contact lens is sequentially divided into a first quadrant, a second quadrant, a third quadrant, and a fourth quadrant along a counterclockwise direction with respect to the origin point (see Fig 1; Para [0047-0049]; four quadrants can be defined as fourth equal sections as seen in annotated Fig 1 below); and wherein four parts of the at least one thru-hole are respectively arranged in the first quadrant, the second quadrant, the third quadrant, and the fourth quadrant, and an area of any one of the four parts of the at least one thru-hole is 50% to 150% of an area of another one of the four parts of the at least one thru-hole (see Fig 1; Para [0047-0049]; slits 13a are in all four quadrants and are similar in size thus area is around 100%).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the optical portion defines a central axis; wherein, in the top view of the contact lens, the central axis defines an origin point, the contact lens is sequentially divided into a first quadrant, a second quadrant, a third quadrant, and a fourth quadrant along a counterclockwise direction with respect to the origin point; and wherein four parts of the at least one thru-hole are respectively arranged in the first quadrant, the second quadrant, the third quadrant, and the fourth quadrant, and an area of any one of the four parts of the at least one thru-hole is 50% to 150% of an area of another one of the four parts of the at least one thru-hole of Kinoshita for the purpose of improving insulating properties of the electrical components of the lens (Para [0050])
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Archer (US 2015/0146159, of record) in view of Pugh (US 2013/0194540) and Gutierrez (US 2017/0255025) as applied to claim 1 above, and further in view of Ice (US 2021/0063773, of record).
Regarding claim 9, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 6. Archer in view of Pugh and Gutierrez does not disclose wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches are fully filled with the enclosing ring. Archer in view of Pugh and Gutierrez and Ice are related because both disclose electronic contact lenses.
Ice discloses an electronic contact lens (see Fig 3B) wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches are fully filled with the enclosing ring (see Fig 3B and 4A; Para [0036]; examiner is interpreting bendable edge regions of facets 420 as notches that allow for electronic carrier, interpreted as the facets 420, to conform to the curvature of the lens; Fig 6A shows how facets 420 are fixed to a curvature of the lens)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches are fully filled with the enclosing ring of Ice for the purpose of fixing electrical component onto a lens surface conforming to the specific shape of the lens (Para [0036])
Regarding claim 18, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 12 (see Fig 3A). Archer further discloses wherein the circuit structure includes a carrier and a circuit that is formed on the carrier and that is connected to the electronic component (see Fig 3A and 3B; Para [0083]; media insert 355 may comprise a substrate incorporating energizing elements such as processor 362).
Archer in view of Pugh and Gutierrez does not disclose wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches is fully filled with the enclosing ring. Archer in view of Pugh and Gutierrez and Ice are related because both disclose electronic contact lenses.
Ice discloses an electronic contact lens (see Fig 3B) wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches is fully filled with the enclosing ring (see Fig 3B and 4A; Para [0036]; examiner is interpreting bendable edge regions of facets 420 as notches that allow for electronic carrier, interpreted as the facets 420, to conform to the curvature of the lens; Fig 6A shows how facets 420 are fixed to a curvature of the lens)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with wherein the optical portion defines a central axis, and the carrier has a plurality of radial notches recessed from an outer edge thereof toward the central axis so as to allow the carrier to have a fixed curvature, and wherein the radial notches is fully filled with the enclosing ring of Ice for the purpose of fixing electrical component onto a lens surface conforming to the specific shape of the lens (Para [0036])
Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Archer (US 2015/0146159, of record) in view of Pugh (US 2013/0194540) and Gutierrez (US 2017/0255025) as applied to claim 1 above, and further in view of Amirparviz (US 2009/0213459, of record).
Regarding claim 11, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 1. Archer in view of Pugh and Gutierrez does not disclose wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region, and that is connected to the partial surface of the electronic component; and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye. Archer in view of Pugh and Gutierrez and Amirparviz are related because both disclose contact lenses.
Amirparviz discloses a contact lens (see Fig 1) wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region (see Fig 6B of Franklin which shows a lower eyelid region ; Amirparviz discloses a lower eyelid region, part of the lens below eyelid 201, arranged between a lower annular part and a central annular part), and that is connected to the partial surface of the electronic component (Archer discloses in Fig 3B; the partial surface as described above); and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye (see Fig 2 of Amirparviz; Para [0025-0027]; a largest thickness area is located in a lower eyelid section of the lens and the smallest thickness is located in the upper edge of the lens located in an upper eyelid region as seen in Fig 2).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with disclose wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region, and that is connected to the partial surface of the electronic component; and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye of Amirparviz for the purpose of changing the lens shape to improve orientation of the lens while on the surface of an eye (Para [0025])
Regarding claim 20, Archer in view of Pugh and Gutierrez discloses the contact lens according to claim 12. Archer in view of Pugh and Gutierrez does not disclose wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region, and that is connected to the partial surface of the electronic component; and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye. Archer in view of Pugh and Gutierrez and Amirparviz are related because both disclose contact lenses.
Amirparviz discloses a contact lens (see Fig 1) wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region (see Fig 6B of Franklin which shows a lower eyelid region ; Amirparviz discloses a lower eyelid region, part of the lens below eyelid 201, arranged between a lower annular part and a central annular part), and that is connected to the partial surface of the electronic component (Archer discloses in Fig 3B; the partial surface as described above connected to the outer surface of the insert); and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye (see Fig 2 of Amirparviz; Para [0025-0027]; a largest thickness area is located in a lower eyelid section of the lens and the smallest thickness is located in the upper edge of the lens located in an upper eyelid region as seen in Fig 2).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Archer in view of Pugh and Gutierrez with disclose wherein the annular wearing portion has a layout region being C-shaped and a lower eyelid region that is arranged between two ends of the layout region, and that is connected to the partial surface of the electronic component; and wherein, when the contact lens is worn on the eye, a part of the contact lens having a largest thickness is located inside of a lower eyelid of the eye, and a part of the contact lens having a smallest thickness is located inside of an upper eyelid of the eye of Amirparviz for the purpose of changing the lens shape to improve orientation of the lens while on the surface of an eye (Para [0025])
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.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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