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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/13/2023, 12/05/2023, 02/19/2024, 03/13/2024, 09/19/2024, 03/05/2025, 10/13/2025 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Groisman (US 2013/0308092).
Regarding claim 1, Groisman discloses a contact lens (see Fig 9A), comprising: a lens body including a cornea portion defining a central axis (see Fig 9A; Para [0043]; a lens 300 has a cornea portion as seen in Fig 9B defining a central axis going through the center of the lens) and a sclera portion that surrounds the cornea portion (see Fig 9A; Para [0043]; a lens 300 has a scleral portion as seen in Figs 9A and 9B), wherein a connection boundary between the cornea portion and the sclera portion has an inner diameter within a range from 11.5 mm to 12.3 mm (see Fig 9A; Para [0030]; a lens 300 may have a D.sub.cornea diameter of 11.5mm which forms a boundary with pupil portion), and wherein the cornea portion defines a layout boundary spaced apart from the connection boundary by a distance that is within a range from 3.8 mm to 4.2 mm (see Fig 9A; Para [0030]; a lens 300 may have a D.sub.pupil diameter of 7mm; that is a distance of 4.5mm from the D.sub.cornea distance; value is within 5% of range); and an embedded structure embedded in the lens body and arranged outside of the layout boundary (see Fig 9A; Para [0043]; a lens 300 has an embedded array of fins 310), wherein the embedded structure includes a three-dimensional (3D) carrier having at least one oxygen permeable channel that has a central angle of 360 degrees with respect to the central axis (see Fig 9A; Para [0043]; a lens 300 has an embedded array of fins 310 that are formed as a series of rings with open channels 314 that are concentric); wherein, along a top-down direction parallel to the central axis, the layout boundary and the connection boundary jointly define an annular layout region therebetween, and at most 70% of an area of the annular layout region is shielded by the embedded structure (see Fig 9A and 9B; Para [0043]; a annular layout region may be defined as area between D.sub.cornea and D.sub.pupil; RGP is machined with support vanes 312 that examiner interprets as shielding and constitute less than 70% of the area of the annular layout region as seen in Fig 9B).
As Groisman’s connection boundary approaches the claimed range (i.e., 3.8 mm to 4.2 mm to of the prior art’s 4.5mm), a prima facia case of obviousness exists (see
MPEP 2144.05. OVERLAPPING, APPROACHING, AND SIMILAR RANGES,
AMOUNTS, AND PROPORTIONS 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).
Regarding claim 17, Groisman further discloses the contact lens according to claim 1 (see Fig 9A), wherein the embedded structure is only embedded in the sclera portion of the lens body (see Fig 1A; a ring-shaped partition may be embedded in only the sclera section as seen in Fig 1A).
Regarding claim 18, Groisman discloses the contact lens according to claim 1 (see Fig 9A), wherein the embedded structure is only embedded in the annular layout region of the lens body (see Fig 5; Para [0032-0033]; an embedded structure may be embedded only in the annular layout region in the space between 7mm and 11.5mm; in the instant case Fins 209 are disposed at 10mm).
Regarding claim 19, Groisman discloses the contact lens according to claim 1 (see Fig 9A), wherein the embedded structure is only embedded in the sclera portion and the annular layout region of the lens body (see Fig 9B; Para [0043]; the fins 310 are arranged in the sclera and the annular layout region as seen in Fig 9B since no fins 310 are located within the pupil region).
Regarding claim 20, Groisman discloses the contact lens according to claim 1 (see Fig 9A), wherein the embedded structure includes a circuit formed on the 3D carrier and an electronic component that is assembled to the 3D carrier, and the electronic component is electrically coupled to the circuit through the 3D carrier (see Fig 9B; Para [0004]; a lens may be an electro active lens with an electro active assembly).
Claims 2-4, 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Groisman (US 2013/0308092) in view of Iwasaki (US 2020/0257138).
Regarding claim 2, Groisman discloses the contact lens according to claim 1. Groisman does not disclose wherein the 3D carrier is in a spiral shape, and a quantity of the at least one oxygen permeable channel is one, and wherein the oxygen permeable channel has a spiral shape and is arranged along the 3D carrier. Groisman and Iwasaki are related because both disclose contact lenses.
Iwasaki discloses a contact lens (see Fig 1) wherein the 3D carrier is in a spiral shape, and a quantity of the at least one oxygen permeable channel is one, and wherein the oxygen permeable channel has a spiral shape and is arranged along the 3D carrier (see Fig 3A; Para [0091-0092]; a 3D carrier may be spiral in shape and may be provided in a single structure)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Groisman with wherein the 3D carrier is in a spiral shape, and a quantity of the at least one oxygen permeable channel is one, and wherein the oxygen permeable channel has a spiral shape and is arranged along the 3D carrier of Iwasaki for the purpose of reducing the burden of a contact lens on a wearer’s eye (see Para [0009])
Regarding claim 3, Groisman in view of Iwasaki discloses the contact lens according to claim 2 (see Fig 9A). Iwasaki further discloses wherein the 3D carrier spirally extends along the central axis from the layout boundary toward the sclera portion by extending across the connection boundary (see Fig 3A; Para [0091-0092]; structure extends from a boundary layer toward sclera as seen in Fig 3B from 21B to 21A).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Groisman with wherein the 3D carrier spirally extends along the central axis from the layout boundary toward the sclera portion by extending across the connection boundary of Iwasaki for the purpose of reducing the burden of a contact lens on a wearer’s eye (see Para [0009])
Regarding claim 4, Groisman in view of Iwasaki discloses the contact lens according to claim 3. Iwasaki further discloses wherein the 3D carrier includes a plurality of spiral segments that are connected end to end, and at least one of the spiral segments is embedded in the annular layout region and has a central angle of 360 degrees with respect to the central axis (see Fig 3B; Para [0091]; channel 21 may be formed from two or more structures).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Groisman with wherein the 3D carrier includes a plurality of spiral segments that are connected end to end, and at least one of the spiral segments is embedded in the annular layout region and has a central angle of 360 degrees with respect to the central axis of Iwasaki for the purpose of reducing the burden of a contact lens on a wearer’s eye (see Para [0009])
Regarding claim 6, Groisman in view of Iwasaki discloses the contact lens according to claim 2. Groisman further discloses wherein the lens body has a front surface and a rear surface that is opposite to the front surface, the 3D carrier is not in contact with any one of the front surface and the rear surface, and the 3D carrier has a lead angle within a range from 10 degrees to 75 degrees (see Fig 9A; Para [0043]j; examiner is interpreting this to mean that an angle between a normal to the bottom of the lens an to a tangent of the lens is within the range; As seen in Fig 9A said angle is well within range).
Regarding claim 7, Groisman in view of Iwasaki discloses the contact lens according to claim 1. Groisman further discloses wherein the 3D carrier includes a plurality of annular segments spaced apart from each other, and a quantity of the at least one oxygen permeable channel is more than one, and wherein each of the oxygen permeable channels is in an annular shape, and any two of the annular segments adjacent to each other have one of the oxygen permeable channels therebetween (see Fig 9B; Para [0043]; Fins 310 as disposed annularly and air cavities disposed between them as seen in Fig 9B).
Regarding claim 8, Groisman in view of Iwasaki discloses the contact lens according to claim 7. Groisman further discloses wherein centers of the annular segments are located on the central axis, and the annular segments are spaced apart from each other along the top-down direction and respectively have different inner diameters (see Fig 9B; Para [0043]; annular segment as symmetrical around central axis and are spaced apart as seen in Figs 9A and 9B).
Regarding claim 9, Groisman in view of Iwasaki discloses the contact lens according to claim 7. Groisman further discloses wherein, along the top-down direction parallel to the central axis, the connection boundary, the layout boundary, and outer edges of the annular segments are concentric circles (see Fig 9B; Para [0043]; annular segment are concentric circles).
Regarding claim 10, Groisman in view of Iwasaki discloses the contact lens according to claim 9. Groisman further discloses wherein, along the top-down direction parallel to the central axis, the annular segments are not overlapped with each other, and the annular segments are separated from each other by the oxygen permeable channels (see Fig 9B; Para [0043]; annular segment are concentric circles and are disposed with air cavity between).
Regarding claim 11, Groisman in view of Iwasaki discloses the contact lens according to claim 7. Groisman further discloses wherein the lens body has a front surface and a rear surface that is opposite to the front surface, and the annular segments are not in contact with any one of the front surface and the rear surface (see Fig 9B; Para [0043]; annular segment are embedded and do not contact rear and front surfaces as seen in Fig 9A).
Regarding claim 12, Groisman in view of Iwasaki discloses the contact lens according to claim 7. Groisman further discloses wherein, in a cross section of the contact lens having the central axis, each of the annular segments has two sections respectively located at two opposite sides of the central axis, the sections of the annular segments located at one of the two opposite sides of the central axis are arranged along a first arrangement direction, the sections of the annular segments located at another one of the two opposite sides of the central axis are arranged along a second arrangement direction, and an arrangement angle between the first arrangement direction and the second arrangement direction is within a range from 60 degrees to 160 degrees (see Fig 9B; Para [0043]; annular segments may be divided into segments of 60deg each along the 360deg of the lens with a symmetric segment on an opposite side).
Regarding claim 13, Groisman in view of Iwasaki discloses the contact lens according to claim 12. Groisman further discloses wherein in the cross section of the contact lens having the central axis, the first arrangement direction and the second arrangement direction intersect at the central axis, and the central axis is an angle bisector of the arrangement angle (see Fig 9B; Para [0043]; contact lens may have arbitrary first and second direction and may intersect with central axis of lens as a angle bisector).
Allowable Subject Matter
Claims 5, 14, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the claims 5, 14, 15, and 16 in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper.
Regarding claim 14, the prior art fails to teach wherein the annular layout region has a basic oxygen permeability when the embedded structure is not embedded in the annular layout region, and wherein along a top-down direction parallel to the central axis, 50% to 70% of the area of the annular layout region is shielded by the embedded structure, and the annular layout region has an oxygen permeability that is 70% to 30% of the basic oxygen permeability, along with the structural limitations positively recited in the claim.
Regarding claim 15, the prior art fails to teach wherein the annular layout region has a basic oxygen permeability when the embedded structure is not embedded in the annular layout region, and wherein along a top-down direction parallel to the central axis, 30% to 50% of the area of the annular layout region is shielded by the embedded structure, and the annular layout region has an oxygen permeability that is 85% to 70% of the basic oxygen permeability, along with the structural limitations positively recited in the claim.
Regarding claim 16, the prior art fails to teach wherein the annular layout region has a basic oxygen permeability when the embedded structure is not embedded in the annular layout region, and wherein along a top-down direction parallel to the central axis, 6% to 30% of the area of the annular layout region is shielded by the embedded structure, and the annular layout region has an oxygen permeability that is 100% to 85% of the basic oxygen permeability, along with the structural limitations positively recited in the claim.
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