DETAILED ACTION
Claims 1-13 are pending.
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 Arguments
Applicant’s arguments, filed 02/04/2026, have been fully considered but are moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recited limitation/feature of: “the value of at least one of said corrective parameters depending on an owner of said machine” renders the claim scope uncertain because the claimed invention would depend on the owner. It seems to be that the “the value of the corrective parameters” would be relative or vary every time the owner of the machine changes.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soatto,
US Patent No. 6,944,327 (hereinafter Soatto).
Claim 1. System for edging ophthalmic lenses, the system comprising: a first database table including first data relating to referenced eyewear frames (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67- - A system for selecting, designing, and transmitting eyeglass frames data and lens data, in order to manufacture desired eyewear. Multiple data storages are utilized – each for multiple purposes. At least one storage (first database) is utilized for storing data related to available eyeglass frames (100, 104 – first data)), and a processor configured to calculate an edging setpoint as a function of at least one of said first data, said edging setpoint being a file that includes the parameters needed by a machine to center or block or edge an ophthalmic lens and that is configured to be used by the machine enabling the edging of the ophthalmic lens along a final outline (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67- - The data related to available eyeglass frames (100, 104 – first data) and the data related to specific customers/patients (102 – second data) are correlated in order to generate edging setpoints/parameters/values for manufacturing a desired eyewear. This correlation and/or blend of data is considered as the claimed corrected, adjusted, and/or modified data), and a second database table including second data relating to corrections to apply to said first data, wherein the processor is configured to calculate said edging setpoint as a function of at least one of said first data, corrected by at least one of said second data, and wherein the second data comprise various corrective parameters to be applied to corresponding first data, the value of at least one of said corrective parameters depending on an owner of said machine (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The data related to available eyeglass frames (100, 104 – first data) and the data related to specific customers/patients (102 – second data) are correlated in order to generate edging setpoints/parameters/values for manufacturing a desired eyewear. This correlation and/or blend of data is considered as the claimed corrected, adjusted, and/or modified data. It can be noted that the manufacturing machine needs these edging setpoints/parameters in order to manufacture the desired frame and lenses). It can be noted that, as pointed out in the 35 U.S.C. 112(b) rejection above, the recited limitation/feature of: “the value of at least one of said corrective parameters depending on an owner of said machine” renders the claim scope uncertain because the claimed invention would depend on the owner. It seems to be that the “the value of the corrective parameters” would be relative or vary every time the owner of the machine changes. For purposes of applying prior art, said limitation/feature is being interpreted as: “the value of at least one of said corrective parameters depending on the first data”.
Claim 2. The system according to claim 1, further comprising one of: a centering and blocking machine configured to center the ophthalmic lens and to block the ophthalmic lens in a position deduced from said edging setpoint (C14 L28-65 - - Application server 52 controls an eyeglass frame manufacturing machine. Server 12 transmits information and data to application server 52 which is utilized to fabricate 228 the lens and the eyeglass frame. The shape of the lens is determined by a parametric curve that is transmitted electronically to the lens-cutting machine which grinds a dummy lens to which the eyeglass frame is fitted. Since different grinders represent the shape of the lens differently, the interface between system 10 and the particular grinder converts the parameterization into the format used by the particular grinder. Once the eyeglasses are fabricated, the eyeglasses are ready for the customer to try on to determine the comfort of fit of the selected design. If the eyeglass frame has been selected using the CD option, the data are transmitted directly to the manufacturer via system 10 for manufacturing. During remote access of system 10, The user connects to an access site, such as a dedicated manufacturers site. In the two-dimensional modality, system 10 requests the user to input the location in memory of a frontal image of his/her face in a standard image format (e.g. jpeg, gif, tiff, pict, ras etc.). In the three-dimensional modality, system 10 requests the user to input a file that stores the position of a number of points in a three-dimensional mesh in a standard format (e.g. VRML) and of a file that stores a texture map of his/her face. In the 2 1/2 dimensional modality, system 10 requests the user to input a stream of images, either as live video, or pre-recorded in a standard format (e.g. animated GIF, MPEG etc.). After the appropriate modifications have been chosen, the design is transmitted to the manufacturer, together with prescription information when applicable (including inter-ocular distance), and the complete eyeglass frame is shipped directly to the customer), an edging machine having tools configured to automatically machine the edge of the ophthalmic lens along said final outline according to said edging setpoint, (C14 L28-65 - - Application server 52 controls an eyeglass frame manufacturing machine. Server 12 transmits information and data to application server 52 which is utilized to fabricate 228 the lens and the eyeglass frame. The shape of the lens is determined by a parametric curve that is transmitted electronically to the lens-cutting machine which grinds a dummy lens to which the eyeglass frame is fitted. Since different grinders represent the shape of the lens differently, the interface between system 10 and the particular grinder converts the parameterization into the format used by the particular grinder. Once the eyeglasses are fabricated, the eyeglasses are ready for the customer to try on to determine the comfort of fit of the selected design. If the eyeglass frame has been selected using the CD option, the data are transmitted directly to the manufacturer via system 10 for manufacturing. During remote access of system 10, The user connects to an access site, such as a dedicated manufacturers site. In the two-dimensional modality, system 10 requests the user to input the location in memory of a frontal image of his/her face in a standard image format (e.g. jpeg, gif, tiff, pict, ras etc.). In the three-dimensional modality, system 10 requests the user to input a file that stores the position of a number of points in a three-dimensional mesh in a standard format (e.g. VRML) and of a file that stores a texture map of his/her face. In the 2 1/2 dimensional modality, system 10 requests the user to input a stream of images, either as live video, or pre-recorded in a standard format (e.g. animated GIF, MPEG etc.). After the appropriate modifications have been chosen, the design is transmitted to the manufacturer, together with prescription information when applicable (including inter-ocular distance), and the complete eyeglass frame is shipped directly to the customer).
3. The system according to claim 1, wherein said first database table belongs to a first database and said second database table to second database distinct from said first database (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67- - A system for selecting, designing, and transmitting eyeglass frames data and lens data, in order to manufacture desired eyewear. Multiple data storages are utilized – each for multiple purposes. At least one storage (first database) is utilized for storing data related to available eyeglass frames (100, 104). At least one other storage (second database) is utilized for storing data related to specific customers/patients (102)).
4. The system according to claim 1, wherein said first database table comprises several records each associated with a kind of referenced eyewear frame, and wherein said records only includes invariant data (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The reference frames are considered invariant frames because they are the available frames).
5. The system according to claim 1, wherein said first database table comprises, for each kind of referenced eyewear frames, at least one of the following attributes: a frame trace, an identifier, and a geometric characteristic of this kind of referenced of eyewear frames (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - It can be noted that each frame has a specific style, in other words specific geometry).
6. The system according to claim 1, wherein said second data comprises a corrective parameter to be applied to said first data (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The data related to available eyeglass frames (100, 104) and the data related to specific customers/patients (102) are correlated in order to generate edging setpoints/parameters/values for manufacturing a desired eyewear. This correlation and/or blend of data is considered as the claimed corrected, adjusted, and/or modified data. It can be noted that the manufacturing machine needs these edging setpoints/parameters in order to manufacture the desired frame and lenses. Furthermore, it can be noted that the final outline of the eyewear corresponds to the selected/desired frame and lenses).
7. The system according to claim 6, wherein the value of said corrective parameter depends on the location of said machine (C14 L28-65 - - Application server 52 controls an eyeglass frame manufacturing machine. Server 12 transmits information and data to application server 52 which is utilized to fabricate 228 the lens and the eyeglass frame. The shape of the lens is determined by a parametric curve that is transmitted electronically to the lens-cutting machine which grinds a dummy lens to which the eyeglass frame is fitted. Since different grinders represent the shape of the lens differently, the interface between system 10 and the particular grinder converts the parameterization into the format used by the particular grinder. Once the eyeglasses are fabricated, the eyeglasses are ready for the customer to try on to determine the comfort of fit of the selected design. If the eyeglass frame has been selected using the CD option, the data are transmitted directly to the manufacturer via system 10 for manufacturing. During remote access of system 10, The user connects to an access site, such as a dedicated manufacturers site. In the two-dimensional modality, system 10 requests the user to input the location in memory of a frontal image of his/her face in a standard image format (e.g. jpeg, gif, tiff, pict, ras etc.). In the three-dimensional modality, system 10 requests the user to input a file that stores the position of a number of points in a three-dimensional mesh in a standard format (e.g. VRML) and of a file that stores a texture map of his/her face. In the 2 1/2 dimensional modality, system 10 requests the user to input a stream of images, either as live video, or pre-recorded in a standard format (e.g. animated GIF, MPEG etc.). After the appropriate modifications have been chosen, the design is transmitted to the manufacturer, together with prescription information when applicable (including inter-ocular distance), and the complete eyeglass frame is shipped directly to the customer).
8. The system according to claim 6, wherein the value of said corrective parameter is determined by an optician (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The overall system is accessible by opticians and different users).
9. The system according to claim 1, wherein said second data comprises at least one feedback information relating to the accuracy of the mounting of ophthalmic lenses edged by said machine into eyewear frames (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The data of each customer is considered feedback information because it’s the customer information that is utilized to modify/adjust/correct the reference frame. This data is provided in the form/format necessary or required by particular machines. It can be noted that different machines may be utilized in the fulfilment system).
10. The system according to claim 1, wherein said second database table is accessible to only some of the users of said first database table (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The overall system is accessible by opticians and different users).
11. A method for edging an ophthalmic lens in order to mount the ophthalmic lens into an eyewear frame, the method comprising:
selecting an eyewear frame, reading in a first database table first data relating to the selected eyewear frame; reading, in a second database table, second data relating to a use of said first data in local conditions of a machine, the second data comprising various corrective parameters to be applied to corresponding first data, the value of at least one of said corrective parameters depending on an owner of said machine; calculating an edging setpoint as a function of the first data corrected by the second data, said edging setpoint being a file that includes the parameters needed by the machine to center or block or edge the ophthalmic lens (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67- - A system for selecting, designing, and transmitting eyeglass frames data and lens data, in order to manufacture desired eyewear. Multiple data storages are utilized – each for multiple purposes. At least one storage (first database) is utilized for storing data related to available eyeglass frames (100, 104 – first data). At least one other storage (second database) is utilized for storing data related to specific customers/patients (102 – second data). The data related to available eyeglass frames (100, 104 – first data) and the data related to specific customers/patients (102 – second data) are correlated in order to generate edging setpoints/parameters/values for manufacturing a desired eyewear. This correlation and/or blend of data is considered as the claimed corrected, adjusted, and/or modified data. It can be noted that the manufacturing machine needs these edging setpoints/parameters in order to manufacture the desired frame and lenses. Furthermore, it can be noted that the final outline of the eyewear corresponds to the selected/desired frame and lenses. It can be noted that, as pointed out in the 35 U.S.C. 112(b) rejection above, the recited limitation/feature of: “the value of at least one of said corrective parameters depending on an owner of said machine” renders the claim scope uncertain because the claimed invention would depend on the owner. It seems to be that the “the value of the corrective parameters” would be relative or vary every time the owner of the machine changes. For purposes of applying prior art, said limitation/feature is being interpreted as: “the value of at least one of said corrective parameters depending on the first data”); and edging said ophthalmic lens along a final outline, according to said edging setpoint, by said machine (C14 L28-65 - - Application server 52 controls an eyeglass frame manufacturing machine. Server 12 transmits information and data to application server 52 which is utilized to fabricate 228 the lens and the eyeglass frame. The shape of the lens is determined by a parametric curve that is transmitted electronically to the lens-cutting machine which grinds a dummy lens to which the eyeglass frame is fitted. Since different grinders represent the shape of the lens differently, the interface between system 10 and the particular grinder converts the parameterization into the format used by the particular grinder. Once the eyeglasses are fabricated, the eyeglasses are ready for the customer to try on to determine the comfort of fit of the selected design. If the eyeglass frame has been selected using the CD option, the data are transmitted directly to the manufacturer via system 10 for manufacturing. During remote access of system 10, The user connects to an access site, such as a dedicated manufacturers site. In the two-dimensional modality, system 10 requests the user to input the location in memory of a frontal image of his/her face in a standard image format (e.g. jpeg, gif, tiff, pict, ras etc.). In the three-dimensional modality, system 10 requests the user to input a file that stores the position of a number of points in a three-dimensional mesh in a standard format (e.g. VRML) and of a file that stores a texture map of his/her face. In the 2 1/2 dimensional modality, system 10 requests the user to input a stream of images, either as live video, or pre-recorded in a standard format (e.g. animated GIF, MPEG etc.). After the appropriate modifications have been chosen, the design is transmitted to the manufacturer, together with prescription information when applicable (including inter-ocular distance), and the complete eyeglass frame is shipped directly to the customer).
12. The method according to claim 11, further comprising: mounting said ophthalmic lens into said frame (C14 L28-65 - - Application server 52 controls an eyeglass frame manufacturing machine. Server 12 transmits information and data to application server 52 which is utilized to fabricate 228 the lens and the eyeglass frame. The shape of the lens is determined by a parametric curve that is transmitted electronically to the lens-cutting machine which grinds a dummy lens to which the eyeglass frame is fitted. Since different grinders represent the shape of the lens differently, the interface between system 10 and the particular grinder converts the parameterization into the format used by the particular grinder. Once the eyeglasses are fabricated, the eyeglasses are ready for the customer to try on to determine the comfort of fit of the selected design. If the eyeglass frame has been selected using the CD option, the data are transmitted directly to the manufacturer via system 10 for manufacturing. During remote access of system 10, The user connects to an access site, such as a dedicated manufacturers site. In the two-dimensional modality, system 10 requests the user to input the location in memory of a frontal image of his/her face in a standard image format (e.g. jpeg, gif, tiff, pict, ras etc.). In the three-dimensional modality, system 10 requests the user to input a file that stores the position of a number of points in a three-dimensional mesh in a standard format (e.g. VRML) and of a file that stores a texture map of his/her face. In the 2 1/2 dimensional modality, system 10 requests the user to input a stream of images, either as live video, or pre-recorded in a standard format (e.g. animated GIF, MPEG etc.). After the appropriate modifications have been chosen, the design is transmitted to the manufacturer, together with prescription information when applicable (including inter-ocular distance), and the complete eyeglass frame is shipped directly to the customer), and
recording a new datum into the second database table, said new datum depending on an accuracy of the mounting of said ophthalmic lens into said frame (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The data of each customer is considered feedback information because it’s the customer information that is utilized to modify/adjust/correct the reference frame. This data is provided in the form/format necessary or required by particular machines. It can be noted that different machines may be utilized in the fulfilment system).
13. The method according to claim 11, wherein, said first database table comprises several records each associated with a kind of referenced eyewear frames, and the method further comprises, when an eyewear frame is acquired; determining whether or not the kind of the acquired eyewear frame is registered in the first database table, and if when the kind of the acquired eyewear frame is not registered in the first database table, determining for the acquired eyewear frame the value of the first data, and recording, in a new record of the first database table, the value of the first data associated with an identifier relating to the kind of the referenced eyewear frame (Fig. 5, C4 L20-27, C5 L-62, and C6 L35-61 and C12 L10-67 - - The reference frames, customers, and lenses are associated with identification information for searching purposes. It can be noted that each frame has a specific style, in other words specific geometry. Furthermore, the system determines whether or not the selection, by user, is available or if the manufacturing procedure as and material s are available. If not, a user is able to interactively modify choices. See C2 L10-15).
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nigro et al., US Patent No. related to 6,792,401 related to – eyeglass fitting system, comprising multiple databases.
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 CARLOS R ORTIZ RODRIGUEZ whose telephone number is (571)272-3766. The examiner can normally be reached on Mon-Fri 10:00 am- 6:30 pm.
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119
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