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.
Information Disclosure Statements
The Information Disclosure Statements filed on 1/31/2024, 4/1/2024 and 8/22/2025 have been considered.
Preliminary Amendment
The preliminary amendment filed on 1/31/2024 is acknowledged. In the preliminary amendment, Applicant amended the specification, amended claims 3, 7-9 and added new claims 10-20.
DETAILED ACTION
The instant application having Application No. 18/294,081 filed on 1/31/2024 is presented for examination by the Examiner.
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Claim Objections
Claims 8, 12, 15 and 18 are objected to because of the following informalities:
Claims 8, 12, 15 and 18 recite “to converged on the retina” . It is suggested that the above is changed to “to converge on the retina”.
Appropriate correction is required.
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 1-20 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.
Regarding claim 1, said claim recites “a maximum width of a rectangular portion in a horizontal direction in a range between d [mm] on an upper side and d [mm] on a lower side from a horizontal line passing through the eye point, is larger from the eye point toward a nose than from the eye point toward an ear” in lines 9-12. It is not clear where in the spectacle lens the “rectangular portion” lies. For examination purposes it will be taken that the “rectangular portion” is located in the central clear area, as shown in Fig. 1.
Regarding claim 4, said claim recites “a shape on an ear side and a shape on a nasal side are asymmetrical with respect to a vertical line passing through the eye point” in lines 12-13. It is not clear where the shape on an ear side and the shape on a nasal side are located. For examination purposes it will be assumed that the two claimed shapes are located in the central clear area which is shaped as an aggregate of circles (according to Fig. 2 of the specification).
Regarding claim 5, said claim recites “a midpoint of a horizontal line” in line 2. A midpoint of a line cannot be defined, only a midpoint of segment. For examination purposes, it be assumed that the above phrase means a midpoint of segment inside the central clear area (according to Fig. 2 of the specification).
Regarding claim 6, said claim recites “the central clear area extends horizontally toward a nose rather than toward an ear when viewed from the eye point” in lines 9-10. It is not clear how the central area can extend towards one side and not also towards the other side. For examination purposes, it be assumed that the above phrase means that the clear area extends toward the nose more than it extends towards the ear (as seen in Fig. 2 of the specification).
Claims 2-3, 7-20 are rejected 35 U.S.C. 112(b) as being dependent on claims 1, 4 and 6.
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.
Claim 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie (CN 112578578A, hereinafter, “Xie”).
Regarding claim 6, Xie discloses (reference paragraph numbers refer to the English translation and figures refer to the original) a spectacle lens (Fig. 1, [0028]), comprising:
a central clear area 12 that is an area including an eye point O and allows a light beam entering from an object-side surface to exit from an eyeball-side surface, enter into a wearer's pupil, and converge on a retina (Fig. 1, [0011], [0024]-[0026]); and
a functional area 11 that is an annular area surrounding the central clear area, and that does not allow at least a part of the light beam entering into the wearer's pupil to converge on the retina, while allowing the light beam entering from the object-side surface to exit from the eyeball-side surface (Fig. 1, [0025], area 25 is a defocus area), wherein
in planar view, the central clear area extends horizontally toward a nose rather than toward an ear when viewed from the eye point (Fig. 1, [0025], central area is asymmetrical).
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 1-4, 8, 10, 12, 15, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xie.
Regarding claim 1, Xie discloses (reference paragraph numbers refer to the English translation and figures refer to the original) a spectacle lens (Fig. 1, [0028]), comprising:
a central clear area 12 that is an area including an eye point O and allows a light beam entering from an object-side surface to exit from an eyeball-side surface, enter into a wearer's pupil, and converge on a retina (Fig. 1, [0011], [0024]-[0026]); and
a functional area 11 that is an annular area surrounding the central clear area, and that does not allow at least a part of the light beam entering into the wearer's pupil to converge on the retina, while allowing the light beam entering from the object-side surface to exit from the eyeball-side surface (Fig. 1, [0025], area 25 is a defocus area),
wherein in planar view, a maximum width of a rectangular portion in a horizontal direction, is larger from the eye point toward a nose than from the eye point toward an ear (Fig. 1, [0025], [0026]. The clear area is asymmetric, i.e., the maximum width of a rectangular portion in the horizontal direction is larger from the eyepoint to the nose than the width size from the eyepoint to the ear, as seen in Fig. 1).
Xie does not disclose the range size (i.e., d mm above and d mm below the horizontal line) of the rectangular portion where the above asymmetry occurs, that is, Xie does not disclose d is at least one value in a range of 1.00 to 2.00.
Xie discloses that the width of the central clear area 12 is 8-22 mm and the size of the peripheral area is 18-32 mm ([0028]). Based on Fig. 1, there is a rectangular portion in the central clear area that has a height of d mm, where d>0 mm.
The parameter d, i.e., the parameter affecting the size of the central clear area is a result-effective variable, i.e., it is recognized to achieve a recognized result, for example, ensuring the use of the eye’s visual area ([0028] in Xie).
Xie discloses the claimed invention except for the value of the parameter d.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the parameter d lies in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the size of the central clear area of the lens is an art recognized result-effective variable as it affects the optical effect of the lens.
Thus, one would have been motivated to optimize the size of the central clear area 12 because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process”.
Regarding claim 2, Xie discloses the spectacle lens according to claim 1, wherein d is 1.50 (see claim 1, where Xi discloses d is between 1.0 and 2.0).
Regarding claim 3, Xie discloses the spectacle lens according to claim 1.
Xie does not disclose wherein the maximum width of the rectangular portion from the eye point toward the nose in the horizontal direction is 3.60 mm or more.
Xie discloses that the width r2 + r4 of the central clear area 12 is 8-22 mm and shows a length r4 of the rectangular potion from the eye point to the nose in the horizontal direction, i.e., Xie discloses a range for r4 ([Fig. 1, 0028]).
Here, the claimed range for the width of the rectangular portion from the eye to the nose overlaps with the range for the width r4 disclosed by Xie. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the distance r4 lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area (see [0028] in Xie).
Regarding claim 4, Xie discloses a spectacle lens comprising a spectacle lens, comprising:
a central clear area 12 that is an area including an eye point O and allows a light beam entering from an object-side surface to exit from an eyeball-side surface, enter into a wearer's pupil, and converge on a retina (Fig. 1, [0011], [0024]-[0026]); and
a functional area 11 that is an annular area surrounding the central clear area, and that does not allow at least a part of the light beam entering into the wearer's pupil to converge on the retina, while allowing the light beam entering from the object-side surface to exit from the eyeball-side surface (Fig. 1, [0025], area 25 is a defocus area),
wherein in planar view, when the central clear area is shaped as an aggregate of all circles with a radius of 2.00 mm that circumscribes a portion of the functional area that is shaped so that the light beam entering into the wearer's pupil does not converge on the retina, without including the other portion on the central clear area side, a shape on an ear side and a shape on a nasal side are asymmetrical with respect to a vertical line passing through the eye point (the central area 12 can be considered as an aggregate of circles with a radius of 2 mm (its length is larger than 2 mm) and area 12 circumscribes a portion of the functional area 11. Moreover, the shape is asymmetrical with respect to the ear side and nose side, Fig. 2).
Xie does not disclose a maximum distance from the eye point toward the nose in a horizontal direction is 3.60 mm or more.
Xie discloses that the width r2 + r4 of the central clear area 12 is 8-22 mm and shows the length r4 of the rectangular potion from the eye point to the nose in the horizontal direction, i.e., Xie discloses a range for r4 ([Fig. 1, 0028]).
Here, the claimed range for the width of the rectangular portion from the eye to the nose overlaps with the range for the width r4 disclosed by Xie. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the distance r4 lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area (see [0028] in Xie).
Regarding claim 8, Xie discloses the spectacle lens according to claim 1.
Xie does not disclose wherein the functional area does not allow 30% or more of the light beam entering into the wearer's pupil to converged on the retina.
Xie discloses that the functional area 11 defocuses the incident light, i.e., does not allow some light entering into the pupil to converge on to the retina, said amount being more than 0% ([0053]). Moreover, Xie discloses particulars of the functional/defocus area ([0029]-[0033]).
The parameter of the amount of defocused light is a result-effective variable, i.e., it is recognized to achieve a recognized result, for example, avoiding visual blurring and delaying and controlling the progression of myopia ([0028] in Xie).
Xie discloses the claimed invention except for the value of the amount of the defocused light.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the amount of defocused light lies in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the amount of the defocused light is an art recognized result-effective variable in that it affects the optical effect of the lens.
Thus, one would have been motivated to optimize the amount of the defocused light because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process”.
Regarding claim 10, Xie discloses the spectacle lens according to claim 2.
Xie does not disclose wherein the maximum width of the rectangular portion from the eye point toward the nose in the horizontal direction is 3.60 mm or more.
Xie discloses that the width r2 + r4 of the central clear area 12 is 8-22 mm and shows the length r4 of the rectangular potion from the eye point to the nose in the horizontal direction, i.e., Xie discloses a range for r4 ([Fig. 1, 0028]).
Here, the claimed range for the width of the rectangular portion from the eye to the nose overlaps with the range for the width r4 disclosed by Xie. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the distance r4 lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area (see [0028] in Xie).
Regarding claim 12, Xie discloses the spectacle lens according to claim 2.
Xie does not disclose wherein the functional area does not allow 30% or more of the light beam entering into the wearer's pupil to converged on the retina.
Xie discloses that the functional area 11 defocuses the incident light, i.e., does not allow some light entering into the pupil to converge on to the retina, said amount being more than 0% ([0053]). Moreover, Xie discloses particulars of the functional/defocus area ([0029]-[0033]).
The parameter of the amount of defocused light is a result-effective variable, i.e., it is recognized to achieve a recognized result, for example, avoiding visual blurring and delaying and controlling the progression of myopia ([0028] in Xie).
Xie discloses the claimed invention except for the value of the amount of the defocused light.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the amount of defocused light lies in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the amount of the defocused light is an art recognized result-effective variable in that it affects the optical effect of the lens.
Thus, one would have been motivated to optimize the amount of the defocused light because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process”.
Regarding claim 15, Xie discloses the spectacle lens according to claim 3.
Xie does not disclose wherein the functional area does not allow 30% or more of the light beam entering into the wearer's pupil to converged on the retina.
Xie discloses that the functional area 11 defocuses the incident light, i.e., does not allow some light entering into the pupil to converge on to the retina, said amount being more than 0% ([0053]). Moreover, Xie discloses particulars of the functional/defocus area ([0029]-[0033]).
The parameter of the amount of defocused light is a result-effective variable, i.e., it is recognized to achieve a recognized result, for example, avoiding visual blurring and delaying and controlling the progression of myopia ([0028] in Xie).
Xie discloses the claimed invention except for the value of the amount of the defocused light.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the amount of defocused light lies in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the amount of the defocused light is an art recognized result-effective variable in that it affects the optical effect of the lens.
Thus, one would have been motivated to optimize the amount of the defocused light because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process”.
Regarding claim 18, Xie discloses the spectacle lens according to claim 4.
Xie does not disclose wherein the functional area does not allow 30% or more of the light beam entering into the wearer's pupil to converged on the retina.
Xie discloses that the functional area 11 defocuses the incident light, i.e., does not allow some light entering into the pupil to converge on to the retina, said amount being more than 0% ([0053]). Moreover, Xie discloses particulars of the functional/defocus area ([0029]-[0033]).
The parameter of the amount of defocused light is a result-effective variable, i.e., it is recognized to achieve a recognized result, for example, avoiding visual blurring and delaying and controlling the progression of myopia ([0028] in Xie).
Xie discloses the claimed invention except for the value of the amount of the defocused light.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the amount of defocused light lies in the claimed range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the amount of the defocused light is an art recognized result-effective variable in that it affects the optical effect of the lens.
Thus, one would have been motivated to optimize the amount of the defocused light because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process”.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Fujikado et al. (US 2015/0219926, hereinafter, “Fujikado”)
Regarding claim 5, Xie discloses the spectacle lens according to claim 4.
Xie does not disclose wherein at least one of a center of gravity in the shape of the central clear area and a midpoint of a horizontal line passing through the eye point in the shape of the central clear area is located closer to the nose than the eye point.
Fujikado discloses an ophthalmic lens comprising a central clear area 32 and a functional area 34. In one embodiment, the eye point center 30 and the center of gravity of the lens 38 are offset so that center of gravity 38 is located closer to the nose than the eye point 30 (Fig. 2, [0067]-[0068], [0078]).
Both Xie and Fujikado disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the center of gravity of the lens is located closer to the nose than the eye point, as taught by Fujikado, for adjusting to the particulars of the user’s facial characteristics.
Claims 7, 11, 14, 17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Guillot et al. (US 2020/0393702, hereinafter, “Guillot”).
Regarding claim 7, Xie discloses the spectacle lens according to claim 1.
Xie does not disclose comprising: an outer clear area, which is an area in contact with the functional area on an outside edge side of the spectacle lens, and which allows the light beam entering from the object-side surface to exit from the eyeball-side surface, enter into the wearer's pupil and converge on the retina.
Guillot discloses a lens 10 comprising a central clear refractive area 12, corrective functional areas 14 and an outer clear refractive area 12 (i.e., allowing light beam to enter into the pupil and converge on to retina), the outer clear area in contact with the functional area and being on an outside edge side of the lens (Fig. 8, [0073]).
Both Xie and Guillot disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the lens includes a second clear refractive area surrounding the functional area, as taught by Guillot, for improving the corrective capabilities of the lens.
Regarding claim 11, Xie discloses the spectacle lens according to claim 2.
Xie does not disclose comprising: an outer clear area, which is an area in contact with the functional area on an outside edge side of the spectacle lens, and which allows the light beam entering from the object-side surface to exit from the eyeball-side surface, enter into the wearer's pupil and converge on the retina.
Guillot discloses a lens 10 comprising a central clear refractive area 12, corrective functional areas 14 and an outer clear refractive area 12 (i.e., allowing light beam to enter into the pupil and converge on to retina), the outer clear area in contact with the functional area and being on an outside edge side of the lens (Fig. 8, [0073]).
Both Xie and Guillot disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the lens includes a second clear refractive area surrounding the functional area, as taught by Guillot, for improving the corrective capabilities of the lens.
Regarding claim 14, Xie discloses the spectacle lens according to claim 3.
Xie does not disclose comprising: an outer clear area, which is an area in contact with the functional area on an outside edge side of the spectacle lens, and which allows the light beam entering from the object-side surface to exit from the eyeball-side surface, enter into the wearer's pupil and converge on the retina.
Guillot discloses a lens 10 comprising a central clear refractive area 12, corrective functional areas 14 and an outer clear refractive area 12 (i.e., allowing light beam to enter into the pupil and converge on to retina), the outer clear area in contact with the functional area and being on an outside edge side of the lens (Fig. 8, [0073]).
Both Xie and Guillot disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the lens includes a second clear refractive area surrounding the functional area, as taught by Guillot, for improving the corrective capabilities of the lens.
Regarding claim 17, Xie discloses the spectacle lens according to claim 4.
Xie does not disclose comprising: an outer clear area, which is an area in contact with the functional area on an outside edge side of the spectacle lens, and which allows the light beam entering from the object-side surface to exit from the eyeball-side surface, enter into the wearer's pupil and converge on the retina.
Guillot discloses a lens 10 comprising a central clear refractive area 12, corrective functional areas 14 and an outer clear refractive area 12 (i.e., allowing light beam to enter into the pupil and converge on to retina), the outer clear area in contact with the functional area and being on an outside edge side of the lens (Fig. 8, [0073]).
Both Xie and Guillot disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the lens includes a second clear refractive area surrounding the functional area, as taught by Guillot, for improving the corrective capabilities of the lens.
Regarding claim 20, Xie discloses the spectacle lens according to claim 6.
Xie does not disclose comprising: an outer clear area, which is an area in contact with the functional area on an outside edge side of the spectacle lens, and which allows the light beam entering from the object-side surface to exit from the eyeball-side surface, enter into the wearer's pupil and converge on the retina.
Guillot discloses a lens 10 comprising a central clear refractive area 12, corrective functional areas 14 and an outer clear refractive area 12 (i.e., allowing light beam to enter into the pupil and converge on to retina), the outer clear area in contact with the functional area and being on an outside edge side of the lens (Fig. 8, [0073]).
Both Xie and Guillot disclose ophthalmic lenses.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the lens includes a second clear refractive area surrounding the functional area, as taught by Guillot, for improving the corrective capabilities of the lens.
Claims 9, 13, 16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Tse et al. (US 2015/0109574, hereinafter, “Tse”)
Regarding claim 9, Xie discloses the spectacle lens according to claim 1.
Xie does not disclose in planar view, the central clear area has a size that fits within a circle with a diameter of 10.00 mm centered on the eye point.
Tse discloses an ophthalmic lens 19 comprising a clear refractive zone 22 and a surrounding functional zone 23. The diameter of the central zone is 2.0 to 4.5 m (Fig. 2A, [0077], claim 38).
Both Xie and Tse disclose ophthalmic lenses.
Here, the claimed range for the diameter overlaps with the range for the diameter disclosed by Tse. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the diameter of the central clear area lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area.
Regarding claim 13, Xie discloses the spectacle lens according to claim 2.
Xie does not disclose in planar view, the central clear area has a size that fits within a circle with a diameter of 10.00 mm centered on the eye point.
Tse discloses an ophthalmic lens 19 comprising a clear refractive zone 22 and a surrounding functional zone 23. The diameter of the central zone is 2.0 to 4.5 m (Fig. 2, [0077]], claim 38).
Both Xie and Tse disclose ophthalmic lenses.
Here, the claimed range for the diameter overlaps with the range for the diameter disclosed by Tse. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the diameter of the central clear area lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area.
Regarding claim 16, Xie discloses the spectacle lens according to claim 3.
Xie does not disclose in planar view, the central clear area has a size that fits within a circle with a diameter of 10.00 mm centered on the eye point.
Tse discloses an ophthalmic lens 19 comprising a clear refractive zone 22 and a surrounding functional zone 23. The diameter of the central zone is 2.0 to 4.5 m (Fig. 2, [0077]], claim 38).
Both Xie and Tse disclose ophthalmic lenses.
Here, the claimed range for the diameter overlaps with the range for the diameter disclosed by Tse. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the diameter of the central clear area lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area.
Regarding claim 19, Xie discloses the spectacle lens according to claim 4.
Xie does not disclose in planar view, the central clear area has a size that fits within a circle with a diameter of 10.00 mm centered on the eye point.
Tse discloses an ophthalmic lens 19 comprising a clear refractive zone 22 and a surrounding functional zone 23. The diameter of the central zone is 2.0 to 4.5 m (Fig. 2, [0077]], claim 38).
Both Xie and Tse disclose ophthalmic lenses.
Here, the claimed range for the diameter overlaps with the range for the diameter disclosed by Tse. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05 (I).
Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Xie so that the diameter of the central clear area lies within the claimed range, for the purpose of achieving a desired optical effect, i.e., larger eye’s visual area.
Conclusion
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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