DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/25/2024 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
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 (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 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, 6-9, 11-14, 16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheehan et al.(WO2021096840 of record, hereinafter Sheehan).
Regarding claim 1, Shehan discloses a wearable device (par.[0049]- the present disclosure relates to wearable devices (such as glasses, goggles and any other eyewear)), comprising: one or more windows positioned to allow light from a light source to propagate toward a position of a wearer's eyes (par.[0049]- functional light-transmitting materials (such as windows); par.[0051]- reducing the amount of melatonin-inhibiting light transmitted to an eye of a subject ... the filter transmits at ·,east 50% of light with a wavelength above about 570 nm); and a spectral filter that comprises a coating positioned on one or more sections of the one or more windows (par. [0050] the optical filter, which may be a coating on a lens), wherein the spectral filter includes a multi-layer stack of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of refraction, and a layer having a high index of refraction is positioned above or below a layer having a low index of refraction (Fig.1; par.[0064]- alternating layers of a first material having a first index of refraction and a second material having a second index of refraction, wherein the first index of refraction is higher than the second index of refraction; par. [0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films), wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to block circadian-active spectra while allowing spectral content outside of the circadian-active spectra to pass through the spectral filter (par.[0049]- functional light-transmitting materials ... that filter or block the wavelengths of light inhibitive of sleep while maintaining function... These wavelengths of light may inhibit sleep by several mechanisms, including but not limited to modification of circadian rhythm; par.[0051]- optical filters for reducing the amount of melatonin-inhibiting light transmitted to an eye of a subject; par.[0059]- transmits substantially all light with a wavelength above about 570 nm), wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths with a tolerance to within at least +/- 5 nm (Fig. 4; par.[0056]- the filter reflects substantially all light with a wavelength below about 560 nm), and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm (Fig. 4 shows a 30 layer stack with a contiguous transmission region extending below 455nm) and a second one of the contiguous transmission regions extending above 495 nm (Fig. 4; par.[0056]- transmits substantially all light with a wavelength above about 570 nm), and wherein the spectral filter is configured to block 98-100% of the spectral content in the contiguous blocking region (par.[0059]- "reflects substantially all light" of a stated wavelength means more than 95%, such as 96%, 97%, 98%, 99% or 100%], and transmit 80%-100% of the spectral content in the contiguous transmission regions (par.[0059]- "transmits substantially all light" of a stated wavelength means more than 95%, such as 96%, 97%, 98%, 99% or 100%).
Regarding claim 6, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the one or more windows include two lenses, and the spectral filter is formed as the coating on each of the lenses (Fig.11; par.[0050]- the optical filter, which may be a coating on a lens; par.[0105]- the lens 203 may include two discrete lenses, one lens for each eye).
Regarding claim 7, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating the unitary window (Fig.12 shows unitary window; par.[0049]- to wearable devices (such as glasses, goggles; par.[0050]- the optical filter, which may be a coating on a lens; par.[0105]- the eyewear 200 includes a frame 202 having one or more lenses 203 ... the lens 203 may be a single integral lens that spans the width of both eyes).
Regarding claim 8, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the wearable device is a pair of goggles, the one or more windows forms a unitary window, and the spectral filter is formed as the coating on the two or more sections of the unitary window (Fig.12 shows unitary window; (It is noted the edges and the middle parts can be considered as two or more sections) par.[0049]- to wearable devices (such as glasses, goggles; par.[0050]- the optical filter, which may be a coating on a lens; par.[0105]- the eyewear 200 includes a frame 202 having one or more lenses 203 ... the lens 203 may be a single integral lens that spans the width of both eyes).
Regarding claim 9, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the one or more windows are made of glass or plastic (par.[0129]- the Bragg Grating on Plastic).
Regarding claim 11, Sheehan discloses the wearable device of claim 1. Sheehan further discloses the light source is one or more of: an atmospheric light source, a light emitting diode (LED), a halogen lamp, or a fluorescent lamp (abstract- blue light from a light emitting diode]. -see supplemental box
Regarding claim 12, Sheehan discloses the wearable device of claim 1. Sheehan further discloses including an anti-reflection coating positioned on one side of the one or more windows (par. (0085]- the optical filter coating is used in conjunction with an antireflective coating and/or a tinted lens).
Regarding claim 13, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the wearable device is a pair of goggles, the one or more windows form a unitary window, the spectral filter is formed as the coating on the two or more sections of the unitary window (Fig.12 shows unitary window; (It is noted the edges and the middle parts can be considered as two or more sections) par.[0049]- to wearable devices (such as glasses, goggles; par.[0050]- the optical filter, which may be a coating on a lens; par.[0105] the eyewear 200 includes a frame 202 having one or more lenses 203 ... the lens 203 may be a single integral lens that spans the width of both eyes.), and locations and areal extents of the two or more sections of the unitary window are selected to allow light propagating at normal angles to pass through the spectral filter and reach the position of the wearer's eyes (Fig.1; Fig.12 shows middle parts positioned to allow light propagating at substantially normal angles to pass through the spectral filter; par.[0051]- optical filters for reducing the amount of melatonin-inhibiting light transmitted to an eye of a subject... the filter transmits at least 50% of light with a wavelength above about 570 nm).
Regarding claim 14, Sheehan discloses the wearable device of claim 13. Sheehan further discloses wherein the locations and areal extents of the two or more sections of the unitary window are selected to allow light propagating at inclined angles to pass through the spectral filter and reach. the position of the wearer's eyes (Fig.1, Fig.12 shows the edges are positioned to allow light propagating at one or more inclined angles to pass through the spectral filter and reach the position of the wearer's eyes; par. (0051]- optical filters for reducing the amount of melatonin-inhibiting light transmitted to an eye of a subject... the filter transmits at least 50% of light with a wavelength above about 570 nm).
Regarding claim 16, Sheehan discloses a spectral filter for use in an eyewear for restoring circadian rhythm (par.[0049]- the present disclosure relates to wearable devices (such as glasses, goggles and any other eyewear)... filter or block the wavelengths of light inhibitive of sleep while maintaining function... These wavelengths of light may inhibit sleep by several mechanisms, including but not limited to modification of circadian rhythm), comprising:
a multi-layer stack coating on a substrate (par.[0017]- depositing the particles of the first material and the particles of the second material onto a substrate thereby forming the optical filter; par. [0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films), the multi-layer stack including a plurality of layers of dielectric material with alternate high and low indices of refraction such that a layer having a high index of refraction is positioned above or below a layer having a low index of refraction, and a layer having a high index of refraction is positioned above or below a layer having a low index of refraction (Fig.1; par.[0064]- alternating layers of a first material having a first index of refraction and
a second material having a second index of refraction, wherein the first index of refraction is higher than the second index of refraction; par.[0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films),
wherein a number of the layers and a thickness of each layer are selected to provide designed transmission and blocking characteristics to
block circadian-active spectra to be transmitted through the spectral filter (par.[0049]- functional light-transmitting materials... that filter or block the wavelengths of light inhibitive of sleep while maintaining function... These wavelengths of light may inhibit sleep by several mechanisms, including but not limited to modification of circadian rhythm; par.[0051]- optical filters for reducing the amount of melatonin inhibiting light transmitted to an eye of a subject; par.[0059]- transmits substantially all light with a wavelength above about 570 nm),
wherein the designed transmission and blocking characteristics include a contiguous blocking region within 455-495 nm band of wavelengths to within at least +/- 5 (Fig.4; par.[0056]- the filter reflects substantially all light with a wavelength below about 560 nm), and two contiguous transmission regions, a first one of the contiguous regions extending below 455 nm (Fig.4 shows a 30 layer stack with a contiguous transmission region extending below 455nm) and a second one of the contiguous transmission regions extending above 495 nm (Fig.4; par.[0056]- transmits substantially all light with a wavelength above about 570 nm), and
wherein the spectral filter is configured to block 98-100% of the spectral content in the contiguous blocking region (par.[0059]- "reflects substantially all light" of a stated wavelength means more than 95%, such as 96%, 97%, 98%, 99% or 100%), and transmit 80%-100% of the spectral content in the contiguous transmission regions (par.[0059]- "transmits substantially all light" of a stated wavelength means more than 95%, such as 96%, 97%, 98%, 99% or 100%).
Regarding claim 19, Sheehan discloses the spectral filter of claim 16. Sheehan further discloses configured to receive input illumination from one or more light sources including an atmospheric light source, a light emitting diode (LED), a halogen lamp, or a fluorescent lamp (abstract- blue light from a light emitting diode).
Regarding claim 20, Sheehan discloses the spectral filter of claim 16. Sheehan further discloses wherein the spectral filter does not include a dye-based or a pigment-based material (par.[0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films).
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 2-5, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sheehan et al. (WO 2021096840 of record, hereinafter Sheehan).
Regarding claim 2, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the contiguous blocking region extends from 455 nm to 495 nm (Fig. 4 shows a blocking region extends from 455nm to 495nm; par. (0056]- the filter reflects substantially all light with a wavelength below about 560 nm). Although Sheehan does not specifically disclose the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 5 nm tolerance, it would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 5 nm tolerance, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, Fig.4; par.[0056]-transmits substantially all light with a wavelength above about 570 nm).
Regarding claim 3, Sheehan discloses the wearable device of claim 2. Sheehan further discloses wherein each layer with the high index of refraction includes titanium dioxide (TiO2), and each layer with the low index of refraction includes silicon dioxide (SiO2) (par.[0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films). Although Sheehan does not specifically disclose TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 81 layers. It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 81 layers, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, par. [0025]- the Bragg grating comprises at least 30 layers; par. [0092]- alternating SiO2 and TiO2 thin films (It is noted TiO2 with a refraction index from 2.2 to 3.2 and SiO2 with a refraction index from 1.4 to 1.55)).
Regarding claim 4, Sheehan discloses the wearable device of claim 1. Sheehan further discloses wherein the contiguous blocking region extends from 455 nm to 495 nm (Fig. 4 shows a blocking region extends from 455nm to 495nm; par. [0056]- the filter reflects substantially all light with a wavelength below about 560 nm). Although Sheehan does not specifically disclose the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 2 nm tolerance. It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 2 nm tolerance, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, Fig. 4; par. [0056]- transmits substantially all light with a wavelength above about 570 nm).
Regarding claim 5, Sheehan discloses the wearable device of claim 4. Sheehan further discloses wherein each layer with the high index of refraction includes titanium dioxide (TiO2), and each layer with the low index of refraction includes silicon dioxide (SiO2) (par. [0092)- a20 layer stack of alternating SiO2 and TiO2 thin films). Although Sheehan does not specifically disclose TiO2 has a 2.35 index of refraction, SiO2 has a 1 .45 index of refraction and the multi-layer stack includes 121 layers. It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 121 layers, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, par. [0025]- the Bragg grating comprises at least 30 layers; par. [0092]- alternating SiO2 and TiO2 thin films (It is noted TiO2 with a refraction index from 2.2 to 3.2 and SiO2 with a refraction index from 1.4 to 1.55)).
Regarding claim 17, Sheehan discloses the spectral filter of claim 16. Sheehan further discloses wherein the contiguous blocking region extends from 455 nm to 495 nm (Fig. 4 shows a blocking region extends from 455nm to 495nm; par. [0056)- the filter reflects substantially all light with a wavelength below about 560 nm], each layer with the high index of refraction includes titanium dioxide (TiO2), and each layer with the low index of refraction includes silicon dioxide (SiO2] (par. [0092]- a 20 layer stack of alternating SiO2 and TiO2 thin films). Although Sheehan does not specifically disclose the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 5 nm tolerance, TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 81 layers. It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 5 nm tolerance, TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 81 layers, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, Fig. 4; par. [0056)- transmits substantially all light with a wavelength above about 570 nm; par. [0025]- the Bragg grating comprises at least 30 layers; par. [0092]- alternating SiO2 and TiO2 thin films (It is noted TiO2 with a refraction index from 2.2 to 3.2 and SiO2 with a refraction index from 1.4 to 1.55)).
Regarding claim 18, Sheehan discloses the spectral filter of claim 16. Sheehan further discloses wherein the contiguous blocking region extends from 455 nm to 495 nm (Fig. 4 shows a blocking region extends from 455nm to 495nm; par. (0056]- the filter reflects substantially all light with a wavelength below about 560 nm), each layer with the high index of refraction includes titanium dioxide (TiO2), and each layer with the low index of refraction includes silicon dioxide (SiO2) (par. [0092)- a 20 layer stack of alternating SiO2 and TiO2 thin films). Although Sheehan does not specifically disclose the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 2 nm tolerance, TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 121 layers, it would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to have the first contiguous transmission region extends from 300 nm to 455 nm, and the second contiguous transmission region extends from 495 nm to at least 700 nm, all with a +/- 2 nm tolerance, TiO2 has a 2.35 index of refraction, SiO2 has a 1.45 index of refraction and the multi-layer stack includes 121 layers, based on routine experimentation, for when the general conditions of a claim are disclosed by the prior art it is not inventive to discover an optimum or workable range by routine experimentation (See Sheehan, Fig. 4; par. [0056]- transmits substantially all light with a wavelength above about 570 nm; par. [0025]- the Bragg grating comprises at least 30 layers; par. [0092]- alternating SiO2 and TiO2 thin films (It is noted TiO2 with a refraction index from 2.2 to 3.2 and SiO2 with a refraction index from 1.4 to 1:55)).
Claim 10 is are rejected under 35 U.S.C. 103 as being unpatentable over Sheehan et al. (WO 2021096840), as applied to claim 1 above, in view of Hallock et al. (US 2017/0363884 A1).
Regarding claim 10, Sheehan discloses the wearable device of claim 1, but fails to disclose wherein the spectral filter is removably attached to the one or more windows. However, Hallock, drawn to wearable device, discloses the filter (1) is removably attached to the one or more windows (102) (par.[0068]- pane 102 may comprise at least one layer of transparent glass; par.[0069]- filter lens 1 may be removably adhesively attached to pane 102). It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to combine removably attachment disclosed by Hallock to the filler and window disclosed by Sheehan to facilitate the recycling or disposing of the filter (See Hallock, par.[0070]- filter lens 1 may be removably adhesively attached to pane 102 (e.g., by suitable choice of pressure-sensitive adhesive) so that a filter lens 1 may be e.g. removed and recycled/disposed, when desired).
Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sheehan et al. (WO 2021096840) in view of (US 2016/0077361 A1) to Wold et al.
Regarding claim 15, Sheehan discloses the wearable device of claim 13, but fails to disclose wherein the goggles include opaque side shields positioned to prevent side illumination from reaching the position of the viewer's eyes. However, Wold et al., drawn to wearable device, discloses opaque side shields positioned to prevent side illumination from reaching the position of the viewer's eyes (par.[0091], such stray light may be minimized or reduced by incorporating suitable design features in the eyewear, e.g., a wrap-around design, and/or by including opaque side shields in the eyewear design). It would have been obvious to a person having ordinary skill in the art, before effective filing date of the claimed invention, to combine the opaque side shields disclosed by Wold et al. to the goggles disclosed by Sheehan to facilitate reducing the stray light (See Wold et al., par.[0091]).
Conclusion
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/TUYEN TRA/ Primary Examiner, Art Unit 2872