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 and Arguments
The amendment filed 02/16/2026 has been entered. Claims 1-16 are currently pending in this application.
Applicant’s arguments, see Pages 6-9, filed 02/16/2026, with respect to the references of HINES (US-2021/0165134) and SHIRASUNA (US-2020/0055280) have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Applicant’s arguments, see Pages 6-9, filed 02/16/2026, with respect to the rejection(s) of claim(s) 1-16 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 with the references of WU (TW-202141079) and NING (CN-103439800) have been fully considered but they are not persuasive. Applicant states "…Note that the limitations of "optical adhesive layer," "separate heat-setting-treated anti-fog film" and "adhering the separate heat-setting-treated anti-fog film to the second rear side surface of optical substrate layer or optical laminated substrate layer" are given patentable weight since the limitations define the optical lens devices and manufacturing method thereof. However, none of the cited references (particularly, … WU (TW-202141079) and NING (CN-103439800)) discloses or teaches the above features of the claimed invention perfectly suitable for improving a designed structure of optical lens devices….Thirdly, WU (TW-202141079) clearly teaches an anti-fog optical lens device without a separate heat-setting-treated anti-fog film. Fourthly, NING (CN-103439800) clearly teaches a manufacturing method of anti-fog glasses without using a separate heat-setting-treated anti-fog film. Obviously… (TW-202141079) and NING (CN-103439800) clearly fail to teach features of: "optical adhesive layer," "separate heat-setting-treated anti-fog film" and "adhering the separate heat-setting-treated anti-fog film to the second rear side surface of optical substrate layer or optical laminated substrate layer." ". Examiner respectfully disagrees.
First, claims 1, 6 and their dependent claims 2-5 and 7-11 are product claims. Per MPEP 2113 I, product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). In this case, even Ning (CN103439800A) teaches the one step processing of attaching the optical adhesive layer and the separate heat-setting-treated anti-fog film to the optical (or optical laminated) substrate layer simultaneously while the Fig. 2-3 and 6-7 of the instant application teaches the two steps processing of attaching the optical adhesive layer and the separate heat-setting-treated anti-fog film to the optical (or optical laminated) substrate layer including Step (1): attaching the optical adhesive layer without bonded with the separate heat-setting-treated anti-fog film to the optical (or optical laminated) substrate layer and Step (2): attaching the separate heat-setting-treated anti-fog film to the optical adhesive layer already bonded with the optical (or optical laminated) substrate layer, based on the claim language of claims 1 and 6, the structures of claims 1 and 6 implied by the one step processing of Ning and the two steps processing of the instant application are same. Therefore, with broadest reasonable interpretation, as stated in the rejections of claims 1 and 6 below, Ning teaches the STRUCTURE limitations of “optical adhesive layer (the sticking layer, [0005, 0011])”, “separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011])”, “separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4)”, and “the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) correspondingly adhering to the second rear side surface of optical or optical laminated substrate layer (the inner surface of the spectacle lens, [0005, 0013])”.
Second, the language of the claims is treated as the “metes and bounds” of the subject matter for which protection is being sought. For the product claims 1 and 6, since each of “separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011])” and “separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4)” taught by Ning is not a materially mixed film with the sticking layer or other layers, Ning teaches the “separate” heat-setting-treated anti-fog film and the “separate” flexible anti-fog film.
Third, claim 12 and its dependent claims 13-16 are method claims. Per MPEP 2111.01 II, "Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order. In this case, even the Fig. 2-3 and 6-7 of the instant application teaches the two steps processing of attaching the optical adhesive layer and the separate heat-setting-treated anti-fog film to the optical (or optical laminated) substrate layer including Step (1): attaching the optical adhesive layer without bonded with the separate heat-setting-treated anti-fog film to the optical (or optical laminated) substrate layer and Step (2): attaching the separate heat-setting-treated anti-fog film to the optical adhesive layer already bonded with the optical (or optical laminated) substrate layer, the claim 12 only requires that the limitations of “providing an optical adhesive layer on a predetermined area of the second rear side surface of optical substrate layer or optical laminated substrate layer; and correspondingly adhering the separate heat-setting-treated anti-fog film to the second rear side surface of optical substrate layer or optical laminated substrate layer”, which is not equal to and examined as “providing an optical adhesive layer on a predetermined area of the second rear side surface of optical substrate layer or optical laminated substrate layer; and after the optical adhesive layer is adhered to the second rear side surface of optical substrate layer or optical laminated substrate layer, correspondingly adhering the separate heat-setting-treated anti-fog film to the second rear side surface of optical substrate layer or optical laminated substrate layer through the optical adhesive layer”.
Last, the language of the claims is treated as the “metes and bounds” of the subject matter for which protection is being sought. A separate element can be interpreted as (1) an element without materially mixed with other elements or (2) structurally not integrated with other elements as one piece in the final products including the separate element. The claim 12 does not require the limitations of “processing a heat-setting treatment procedure on a separate flexible anti-fog film without bonded with an optical adhesive layer for a predetermined time to form a separate heat-setting-treated anti-fog film, with the separate heat- setting-treated anti-fog film corresponding to the second rear side surface of optical substrate layer or optical laminated substrate layer; providing the optical adhesive layer without bonded with the separate heat-setting-treated anti-fog film on a predetermined area of the second rear side surface of optical substrate layer or optical laminated substrate layer; and correspondingly adhering the separate heat-setting-treated anti-fog film to the second rear side surface of optical substrate layer or optical laminated substrate layer through the optical adhesive layer”. Furthermore, the instant application is silent on if the optical adhesive layer and the flexible anti-fog film have been processed with the heat-setting treatment procedure simultaneously or not.
Therefore, as stated in the rejection of claim 12 below, Ning teaches that providing an optical adhesive layer (the sticking layer, [0005, 0011]) on a predetermined area of the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]) or optical laminated substrate layer; and correspondingly adhering the separate heat-setting-treated anti-fog film (the anti-fog layer after plastic processing and radian forming processing, and adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) to the second rear side surface of optical substrate layer or optical laminated substrate layer (the inner surface of the spectacle lens, [0005, 0013]).
Claim Objections
Claim 12 is objected to because of the following informalities:
In claim 12, line 9, " on predetermined area " should read - - on a predetermined area - -
Appropriate correction is required.
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 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.
Claim Rejections - 35 USC § 102
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.
Claims 1, 4, 12-13 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ning (CN103439800A).
Regarding claim 1, Ning teaches an optical lens (Abs, [0004-0016] and Page 4 of English translation of CN103439800A) device comprising:
an optical substrate layer (the substrate corresponding to the spectacle lens, wherein the anti-frog layer adhered to the inner and outer surface of the spectacle lens, [0005, 0013]) provided with a first front side surface and a second rear side surface (the outer surface and the inner surface of the spectacle lens, [0005, 0013]);
at least one optical adhesive layer (the sticking layer, [0005, 0011]) provided on a predetermined area of the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]); and
at least one separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) formed by processing a heat- setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4) on a separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4) for a predetermined time ([0006-0007, 0011-0012], claims 1-3 in Page 4), with the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) corresponding to the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]), with the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) correspondingly adhering to the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]);
wherein the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) provides an anti-fog function (Abs, [0004-0015]) on the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]), with a combination of the separate heat- setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) and the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]) enhancing an entire structure ([Abs, [0004, 0010, 0014-0015]).
Regarding claim 12, Ning teaches a manufacturing method (Abs, [0004-0016] and Page 4 of English translation of CN103439800A) of an optical lens device (Abs, [0004-0016] and Page 4) comprising:
providing an optical substrate layer (the substrate corresponding to the spectacle lens, wherein the anti-frog layer adhered to the inner and outer surface of the spectacle lens, [0005, 0013]) or an optical laminated substrate layer with a first front side surface and a second rear side surface (the outer surface and the inner surface of the spectacle lens, [0005, 0013]);
processing a heat-setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4) on a separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4) for a predetermined time ([0006-0007, 0011-0012], claims 1-3 in Page 4) to form a separate heat-setting-treated anti-fog film (the anti-fog layer after plastic processing and radian forming processing, and will adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]), with the separate heat- setting-treated anti-fog film corresponding to the second rear side surface of optical substrate layer or optical laminated substrate layer;
providing an optical adhesive layer (the sticking layer, [0005, 0011]) on a predetermined area of the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]) or optical laminated substrate layer; and
correspondingly adhering the separate heat-setting-treated anti-fog film (the anti-fog layer after plastic processing and radian forming processing, and adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) to the second rear side surface of optical substrate layer or optical laminated substrate layer (the inner surface of the spectacle lens, [0005, 0013]).
Regarding claims 4, 13 and 15-16, Ning teaches the following elements (Abs, [0004-0016] of English translation of CN103439800A):
(Claims 4 and 13) ) the separate heat-setting-treated anti-fog film ((the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) is selectively formed with a flat surface heat-setting-treated film, a curved surface heat-setting-treated film ([0005-0007, 0011-0012], claims 1-3 in Page 4), a hyperbola surface heat-setting-treated film, a spherical surface heat-setting-treated film or an aspherical surface heat-setting-treated film by processing the heat-setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4).
(Claim 15) the predetermined time ([0006-0007, 0011-0012], claims 2-3 in Page 4) of heat-setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4) ranges is about 1 minute to 40 minute (the treating time is the total of the 30-60 seconds treating time of the plastic processing and the 30-60 seconds treating time of the radian forming processing, which is 60-120 seconds, [0006-0007, 0011-0012], claims 2-3 in Page 4).
(Claim 16) the separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4) has a front side surface and a rear side surface ([0005-0007, 0011], claim 1 in Page 4), with selectively processing the heat-setting treatment procedure ([0005-0007, 0011-0012], claims 1-3 in Page 4) on the front side surface, the rear side surface or both (both surfaces of the anti-fog layer are selected and treated in the vacuum treatment, ([0005-0007, 0011-0012], claims 1-3 in Page 4).
Claim Rejections - 35 USC § 103
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 of this title, 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 2-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ning as applied to claim 1 above, and in view of Wu (TW202141079A).
Regarding claims 2-3 and 5, Ning does not teach the following elements.
Wu teaches the following elements (Fig. 5-9, Pages 8-11 of English translation of TW202141079A):
(Claim 2) an optical substrate layer (10 in Fig. 5 and 7-9, Page 8, Paragraph 6) is selected from a glass substrate layer, a plastic substrate layer, an eco-friendly plastic substrate layer, a PC substrate layer, a PMMA substrate layer, a PA substrate layer, a COP substrate layer, a COC substrate layer, a COB substrate layer or combinations thereof (Page 8, Paragraph 6).
(Claim 3) the separate flexible anti-fog film is selected from a PP material film, a PET material film (Page 5, Paragraph 7), a TAC material film (Page 5, Paragraph 7) or combinations thereof.
(Claim 5) the second rear side surface of optical substrate layer (the inner side surface of the substrate 10 in Fig. 5 and 7-9) further includes an optical functional layer (20 in Fig. 5 and 7-9), with the optical functional layer (20 in Fig. 5 and 7-9) selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti-infrared layer or combinations thereof (Page 8, Paragraph 9).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Wu for the system of Ning such that in the system of Ning,
(Claim 2) the optical substrate layer is selected from a glass substrate layer, a plastic substrate layer, an eco-friendly plastic substrate layer, a PC substrate layer, a PMMA substrate layer, a PA substrate layer, a COP substrate layer, a COC substrate layer, a COB substrate layer or combinations thereof.
(Claim 3) the separate flexible anti-fog film is selected from a PP material film, a PET material film, a TAC material film or combinations thereof
(Claim 5) the second rear side surface of optical substrate layer further includes an optical functional layer, with the optical functional layer selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti-infrared layer or combinations thereof.
The motivation is to provide an improved multifunctional anti-fog optical lens device achieving the optical function and anti-fogging function (Wu, Page 6, Paragraph 5-7).
Claims 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ning (CN103439800A) in view of Wu (TW202141079A).
Regarding claim 6, Ning teaches an optical lens (Abs, [0004-0016] and Page 4 of English translation of CN103439800A) device comprising:
an optical substrate layer (the substrate corresponding to the spectacle lens, wherein the anti-frog layer adhered to the inner and outer surface of the spectacle lens, [0005, 0013]) provided with a first front side surface and a second rear side surface (the outer surface and the inner surface of the spectacle lens, [0005, 0013]);
at least one optical adhesive layer (the sticking layer, [0005, 0011]) provided on a predetermined area of the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]); and
at least one separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) formed by processing a heat- setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4) on a separate flexible anti-fog film (the anti-fog layer included in the electrostatic adsorption film before plastic processing and radian forming processing, [0005-0007, 0011], claim 1 in Page 4) for a predetermined time ([0006-0007, 0011-0012], claims 1-3 in Page 4), with the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) corresponding to the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]), with the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) correspondingly adhering to the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]);
wherein the separate heat-setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) provides an anti-fog function (Abs, [0004-0015]) on the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]), with a combination of the separate heat- setting-treated anti-fog film (the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) and the second rear side surface of optical substrate layer (the inner surface of the spectacle lens, [0005, 0013]) enhancing an entire structure ([Abs, [0004, 0010, 0014-0015]).
Ning does not teach that the optical substrate layer is a laminated optical substrate layer, and the optical laminated substrate layer has a plurality of optical thin-film layers.
Wu teaches that (Fig. 5-9, Pages 8-11 of English translation of TW202141079A) an optical substrate layer (10a, or the combined 10a and 21 in Fig. 6, Page 9, Paragraph 2-4) is a laminated optical substrate layer (Fig. 6, Page 9, Paragraph 2-4), and the optical laminated substrate layer has a plurality of optical thin-film layers (Fig. 6, Page 9, Paragraph 2-4).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Wu for the system of Ning such that in the system of Ning, the optical substrate layer is a laminated optical substrate layer, and the optical laminated substrate layer has a plurality of optical thin-film layers. The motivation is to provide an improved multifunctional anti-fog optical lens device achieving the optical function and anti-fogging function (Wu, Page 6, Paragraph 5-7).
Regarding claims 7-8 and 10-11, Ning in view of Wu already teaches that the optical substrate layer is the laminated optical substrate layer. Ning does not teach the following elements.
Wu teaches the following elements (Fig. 5-9, Pages 8-11 of English translation of TW202141079A):
(Claim 7) an optical substrate layer (10 in Fig. 5 and 7-9, Page 8, Paragraph 6) is selected from a glass substrate layer, a plastic substrate layer, an eco-friendly plastic substrate layer, a PC substrate layer, a PMMA substrate layer, a PA substrate layer, a COP substrate layer, a COC substrate layer, a COB substrate layer or combinations thereof (Page 8, Paragraph 6).
(Claim 8) the separate flexible anti-fog film is selected from a PP material film, a PET material film (Page 5, Paragraph 7), a TAC material film (Page 5, Paragraph 7) or combinations thereof.
(Claim 10) the second rear side surface of optical substrate layer (the inner side surface of the substrate 10 in Fig. 5 and 7-9) further includes an optical functional layer (20 in Fig. 5 and 7-9), with the optical functional layer (20 in Fig. 5 and 7-9) selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti-infrared layer or combinations thereof (Page 8, Paragraph 9).
(Claim 11) one of the optical thin-film layers (the functional optical layer 21 in Fig. 6, which is corresponding to the functional optical layer 20 in Fig. 5) of optical laminated substrate layer (the combined 10a and 21 in Fig. 6, Page 9, Paragraph 2-4) is selected from an optical functional layer (the functional optical layer 21 in Fig. 6, which is corresponding to the functional optical layer 20 in Fig. 5), with the optical functional layer selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti- infrared layer or combinations thereof (Page 8, Paragraph 9).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Wu for the system of Ning such that in the system of Ning,
(Claim 7) the optical laminated substrate layer is selected from a glass substrate layer, a plastic substrate layer, an eco-friendly plastic substrate layer, a PC substrate layer, a PMMA substrate layer, a PA substrate layer, a COP substrate layer, a COC substrate layer, a COB substrate layer or combinations thereof.
(Claim 8) the separate flexible anti-fog film is selected from a PP material film, a PET material film, a TAC material film or combinations thereof
(Claim 10) the second rear side surface of optical laminated substrate layer further includes an optical functional layer, with the optical functional layer selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti-infrared layer or combinations thereof.
(Claim 11) one of the optical thin-film layers of optical laminated substrate layer is selected from an optical functional layer, with the optical functional layer selected from a protective layer, an electroplating layer, a polarization microstructure layer, an anti-reflection layer, a polarization thin-film layer, a microstructure layer, a photochromic layer, an anti-blue layer, an anti-blue UV layer, an anti- infrared layer or combinations thereof.
The motivation is to provide an improved multifunctional anti-fog optical lens device achieving the optical function and anti-fogging function (Wu, Page 6, Paragraph 5-7).
Regarding claim 9, Ning teaches the following elements (Abs, [0004-0016] of English translation of CN103439800A):
(Claim 9) ) the separate heat-setting-treated anti-fog film ((the anti-fog layer adhered to the inner and/or outer surfaces of the spectacle lens in the final formed anti-fog spectacle lens, [0005-0007, 0011]) is selectively formed with a flat surface heat-setting-treated film, a curved surface heat-setting-treated film ([0005-0007, 0011-0012], claims 1-3 in Page 4), a hyperbola surface heat-setting-treated film, a spherical surface heat-setting-treated film or an aspherical surface heat-setting-treated film by processing the heat-setting treatment procedure (the procedure including the plastic processing and radian forming processing, [0005-0007, 0011-0012], claims 1-3 in Page 4).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ning (CN103439800A).
Regarding claim 14, Ning also teaches that the heat-setting treatment procedure is processed in a predetermined temperature ranging between 100°C to 200°C ([0006-0007, 0011-0012], claims 2-3 in Page 4). It would have been obvious to one of ordinary skill in the art to recognize that the claimed range of between 100°C to 140°C overlaps with the range disclosed by the prior art (MPEP 2144. 05 I.).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to recognize and try the claimed range of between 100°C to 140°C for the system of Ning such that that the heat-setting treatment procedure is processed in a predetermined temperature ranging between 100°C to 1400°C. The motivation is to provide an anti-frog film with good anti-fogging performance and can well cling with the spectacle lens, and the prepared anti-fog lens further has the function of scratch (Ning, Abs, [0010]).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST M-F.
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/SHAN LIU/Primary Examiner, Art Unit 2871