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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/29/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 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 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 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Akiyama (US 2008/0051012, of record) in view of Yashiro (US 2020/0301226, of record) and Ihara (US 2016/0144582).
Regarding claim 1, Akiyama discloses a method for producing a spectacle lens (see Fig 12), comprising: a mark positioning step of determining positions of at least three marks on the semifinished lens so as to specify a center position of the frame shape on a basis of the at least three marks, (see Fig 12; Para [0035, 0073-0076]; a step S1 includes a centering mechanism to fix lens 20 onto the device and allow for inscription; a step S4 involves inscribing provisional markings 1-3 to be the reference positions for a blocking; Lens is considered a semi-finished as lens 20 it have further finishing steps to fulfill);
a marking step of making the at least three marks at the respective positions determined in the mark positioning step on the semifinished lens (see Fig 1A and 12; Para [0084-0092]; provisional reference markings 1-3 are made onto the lens);
a calculation step of calculating a shape of a non-optical surface of the semifinished lens with respect to the center position when processing the non-optical surface according to a prescription (see Fig 1A; Para [0036-0037]; lens may be edge machined into a frame edge shape as shown by element 7, edge shape); and
a surface shape processing step of processing the concave surface with respect to the center position into the shape calculated in the calculation step (see Fig 1A; Para [0105]; a surface shape of the lens 7 is cut into the lens defined by lens data as seen in Fig 1A),
wherein when the semifinished lens is viewed in an optical axis direction (see Fig 1A; Para [0037]; optical axis direction is interpreted as the Z axis direction as seen in Fig 1A), the at least three marks include a pair of marks located on a first straight line passing through the center position (see Fig 1A; Para [0037]; position marks 1 and 3 are placed on an X axis) and a mark located on a second straight line that is orthogonal to the first straight line and passes through the center position (see Fig 1A; Para [0037]; position mark 2 is placed on a Y axis orthogonal to X axis and passing through the center of the lens 20).
Akiyama does not disclose further comprising a step of attaching a film to the semifinished lens, the film including an electrochromic layer between a pair of electrode layers and having the frame shape; a measuring step of measuring a position of the film attached to the semifinished lens; a mark positioning step of determining positions of at least three marks on the semifinished lens based on the measured position of the film.
Akiyama and Yashiro are related because both disclose methods of producing spectacle lenses.
Yashiro discloses a method of producing spectacle lenses (see Fig 9A) further comprising a step of attaching a film to the semifinished lens, the film including an electrochromic layer between a pair of electrode layers and having the frame shape (see Figs 7 and 9; Para [0061-0066]; a electrochromic device 10 may be disposed on a lens substrate 11 including a first electrode 12 and a second electrode 15 and sized to the frame shape as stated in Para [0064])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Akiyama with further comprising a step of attaching a film to the semifinished lens, the film including an electrochromic layer between a pair of electrode layers and having the frame shape of Yashiro for the purpose of properly dimming light entering the lenses so as to improve an overall user experience (Para [0063])
Akiyama in view of Yashiro does not disclose a measuring step of measuring a position of the film attached to the semifinished lens; a mark positioning step of determining positions of at least three marks on the semifinished lens based on the measured position of the film. Akiyama in view of Yashiro and Ihara are related because both disclose methods of manufacturing lenses.
Ihara discloses a method of manufacturing a lens (see Fig 5) comprising: a measuring step of measuring a position of the film attached to the semifinished lens (see Fig 15; Para [0120-0122]; a measuring step is included in the manufacturing process to determine the position of the polarization film); a mark positioning step of determining positions of at least three marks on the semifinished lens based on the measured position of the film (see Fig 15; Para [0120-0122]; examiner is interpreting this to mean that the film surface of the lens is used to determine the position of the marks; Ihara discloses measuring film and modifying lens for film implementation; Akiyama discloses the inscription process).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Akiyama in view of Yashiro with a measuring step of measuring a position of the film attached to the semifinished lens; a mark positioning step of determining positions of at least three marks on the semifinished lens based on the measured position of the film of Ihara for the purpose of improving the manufacturing of films on lenses by preventing unwanted defects (Para [0032])
Regarding claim 2, Akiyama in view of Yashiro and Ihara discloses the method for producing the spectacle lens according to claim 1 (see Fig 12).
Akiyama further discloses wherein in the calculation step, an eye point position is calculated in consideration of the center position, and a shape of the non-optical surface is calculated on a basis of the calculated eye point position (see Fig 17; Para [0138]; an eye point 211 is calculated from the lens data of a patient and the reference positions of the lens).
Regarding claim 3, Akiyama in view of Yashiro and Ihara discloses the method for producing the spectacle lens according to claim 1 (see Fig 12).
Akiyama further discloses wherein in the marking step, the at least three marks are made on an optical surface of the semifinished lens (see Fig 12; Para [0084]; In the S4: Marking step laser inscription is used to inscribe at least three provisional marks on the lens).
Regarding claim 4, Akiyama in view of Yashiro and Ihara discloses the method for producing the spectacle lens according to claim 1 (see Fig 12).
Akiyama further discloses further comprising a lens shape processing step of performing, with respect to the center position, lens shape processing on the lens with the non-optical surface processed in the surface shape processing step (see Fig 12; Para [0105]; lens may be edge machined into a frame edge shape as shown by element 7, edge shape).
Regarding claim 5, Akiyama in view of Yashiro and Ihara discloses the method for producing the spectacle lens according to claim 4 (see Fig 12).
Akiyama further discloses wherein in the marking step, the at least three marks are made in a portion to be cut in the lens shape processing step (see Fig 1A; Para [0107]; Examiner is interpreting this to mean that the three marks are in the portion that is cut out of the lens such as the three marks of Akiyama that are in the portion of the lens outside of a spectacle rim 7).
Regarding claim 7, Akiyama in view of Yashiro and Ihara discloses the method for producing the spectacle lens according to claim 1 (see Fig 12).
Akiyama further discloses further comprising a step of making marks in the frame shape on an optical surface of the semifinished lens (see Fig 1A; Para [0034]; additional marks 9 and 10 may be made in the frame shape 7 of the lens).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2008/0051012, of record) in view of Yashiro (US 2020/0301226, of record) and Ihara (US 2016/0144582) as applied to claim 1 above, and further in view of Izawa (US 2016/0209677, of record).
Regarding claim 8, Akiyama in view of Yashiro and Ihara further discloses the method for producing the spectacle lens according to claim 1 (see Fig 12). Akiyama in view of Yashiro and Ihara does not disclose wherein the non-optical surface is a concave surface of the semifinished lens.
Izawa discloses wherein the non-optical surface is a concave surface of the semifinished lens (see Fig 4; Para [0044]; the semi-finished lens blank may be a blank with a convex surface of an optical surface and a concave non-optical surface).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Akiyama in view of Yashiro and Ihara with wherein the non-optical surface is a concave surface of the semifinished lens of Izawa for the purpose of improving manufacturing by producing an uncut lens that may be further processed (Para [0044])
Regarding claim 9, Akiyama in view of Yashiro, Ihara, and Izawa further discloses the method for producing the spectacle lens according to claim 8 (see Fig 12). Akiyama further discloses wherein an optical surface is a convex surface of the semifinished lens (see Fig 9 and 12; Para [0073-0076]; optical surface is a convex/ top surface of lens 71 as seen in Fig 9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL ANDRES SANZ whose telephone number is (571)272-3844. The examiner can normally be reached Monday-Friday 8:30 am -5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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