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 .
Election/Restrictions
Applicant’s election without traverse of Group III (claims 14-15) in the reply filed on 19 August 2025 is acknowledged.
Claims 1-13 and 16-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 19 August 2025.
Claims 14-15 are under current consideration.
Claim Objections
Claims 14-15 are objected to because of the following informalities: they depend upon claim 1 which is withdrawn. Appropriate correction is required.
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(s) 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horn ‘006 (US 8,933,006 B1; issued 13 January 2015).
Regarding claims 14-15, Horn ‘006 discloses a contact lens cleaning composition comprising 5.00% w/v polyoxyl 40 stearate, 0.20% w/v poloxamer 407, 0.10% w/v poloxamer 188, and NaCl (Table 1 Composition 15), reading on the claimed contact lens storage composition comprising one or more nonionic surfactants selected from polyoxyls and poloxamers at a total concentration from about 1.5% to about 5.9% w/v and sodium chloride, given that the claimed term “storage” merely implies an intended use of the composition that imposes no structure or steps not otherwise recited in the claim, and given that the total concentration of polyoxyl 40 stearate, poloxamer 407, and poloxamer 188 nonionic surfactants is 5.3% w/v (i.e., 5% + 0.20% + 0.10% w/v).
Further regarding claims 14-15, Horn ‘006 discloses that the composition of Table 1 is instilled as drops to contact lens wearers complaining of dry, uncomfortable lenses after 16 hours of continuous contact lens use which provided long-lasting relief upon instillation with improved comfort (column 5 lines 5-14) wherein the method of the invention is directed to a method of cleaning a contact lens while the contact lens remains on the eye (column 1 lines 5-14), reading on the claimed method of enhancing contact lens comfort comprising administering the composition to a subject in need thereof of claim 14 and the claimed method of enhancing contact lens wear time comprising administering the composition to a subject in need thereof of claim 15.
Conclusion
No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL B. PALLAY whose telephone number is (571)270-3473. The examiner can normally be reached Monday through Friday from 8:30 AM to 5:00 PM Eastern Time.
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/MICHAEL B. PALLAY/Primary Examiner, Art Unit 1617