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 .
DETAILED ACTION
Response to Amendment
The amendment and the Request for Continuing Examination filed on 02/22/2026 have been entered. Claims 1-1, 14-15 and 17-36 are now pending in the application. Claims 1, 5, 14-15, 21 and 36 have been amended, claims 12 and 13 have been canceled by the Applicant. he examiner. Claims 4-8, 10, 18-20, 24-27, 29, 31-33 and 35 were previously withdrawn. Previous claims 12-15 rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph have been withdrawn in light of Applicant’s cancelation of those claims.
Examiner Notes
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.
Priority
As required by e M.P.E.P. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on Continuation of PCT/EP2021/083247 , filed 11/26/2021 that claims foreign priority to EP 20211629.9, filed 11/26/2020 (Europe).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 1-3, 9, 11, 17, 34 and 21-23, 28, 30, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (hereafter Wang, of record see IDS dated 05/30/2023), where attached English language translation is referenced) CN207249272U in view of Chalberg Jr. et al. (hereafter Chalberg, of record) US 20220011602 A1.
In regard to independent claim 1, Wang teaches (see Figs. 1-3) a spectacle lens (lenses in glasses frame for effective myopia control, e.g. 10, see Abstract, paragraphs [02-05, 11-21, 29-38]) comprising:
a clear distance zone having a distance focal power (distance vision zone 11 with distance power e.g. 50, Figs. 1-2, paragraphs [29-33]);
a clear near zone having a near focal power (near vision zone 12 with near power e.g. 60, Figs. 1-2, paragraphs [29-33]); and
an intermediate zone located between the clear distance zone and the clear near zone (intermediate zone with vision barrier/blocking device 20/21 with visual quality of the visual barrier device region reduced compared to other areas Figs. 1-2, paragraphs [09,18, 29-33]),
wherein the clear distance zone extends over a whole width of the spectacle lens (i.e. as 11 extends over the width of the glasses lens 10, as depicted in Figs. 1-2, paragraphs [11-21, 29-38]),
wherein the clear near zone is surrounded by the intermediate zone having focusing structures distributed therein (i.e. as near zone 12 is surrounded by the intermediate zone 20/21, in Figs. 1-2, paragraphs [11-21, 29-38]).
But wang is silent that the intermediate zone (20/21) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. near or distance vision zones, 11,12), that the focusing structures are being distributed throughout the intermediate zone (20/21), and that clear near zone is fully surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as zone 20/21 surrounds near zone 12 depicted in Figs. 1-2, paragraphs [11-21, 29-38]).
However, Chalberg teaches in the same field of invention of light scattering lens for treating myopia and eyeglasses containing the same (see Figs. 1-4, 9-12, Title, abstract, paragraphs [01, 08-34,51-56, 62-76, 83-96,106-114,117-121], where ophthalmic lenses for treating myopia and reducing myopia progression include lenslets distributed throughout the intermediate area with scattering centers allowing for defocus that is known to reduce myopic progression, e.g. paragraphs [51-56, 83-96,106-114,117-121]), and further teaches the intermediate zone (area with lenslets 1235 of scattering area e.g. 1230, similar to 130, e.g. paragraphs [51-56, 62-76, 83-96,106-114,117-121]) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. as lenslets 1235 area in scattering area includes such lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]), that the focusing structures are being distributed throughout the intermediate zone (as the lenslets 1235 are distributed thought out the lenslets 1235 area in area 1230, paragraphs [117-122, 27-28], Figs. 9-12), and that clear near zone is surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, mostly surround the clear aperture 1220 for near vision and fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94], thereby providing defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 108, 117-122,125]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with intermediate zone barrier surrounding the near zone of Wang to include intermediate scattering zone with distributed focusing structures/lenslets distributed throughout the intermediate zone with lenslets, and having focal power higher than the distance focal power and the near focal power and having lenslets zone with lenslets to surround clear aperture zone according to teachings of Chalberg in order to provide for defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 117-122,125]).
However, the combination is silent that the clear near zone is fully surrounded by the focusing structures (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, surround the clear aperture 1220 for near vision except at the small lower part, while lenslets fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94]).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the shape of intermediate zone with lenslets of the combination to fully surround clear aperture for near vision, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, one would have been motivated to select the shape of the lenslets in the intermediate zone to fully surround the clear zone for near vision for the purpose of providing defocus around the near-viewing area, as such peripheral defocus which is known to reduce myopic progression, as lenslets enable defocus to portions of a wavefront is otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region( see Chalberg, paragraphs [108, 117-122,125,27-28]).
In regard to independent claim 21, Wang teaches (see Figs. 1-3) a method of designing a spectacle lens for the purpose of a use of the design for a manufacture of the spectacle lens (as providing and designing the lenses in glasses frame for effective myopia control, e.g. 10, applies mutatis mutandis to method of providing as the lenses are provided, see Abstract, paragraphs [02-05, 11-21, 29-38], claim 9), the method comprising:
providing a representation of a spectacle lens with a clear distance zone having a distance focal power (providing spectacle lens 10 with distance vision zone 11 with distance power e.g. 50, Figs. 1-2, paragraphs [29-33]) and a clear near zone having a near focal power (near vision zone 12 with near power e.g. 60, Figs. 1-2, paragraphs [29-33]);
designing at least one of the clear distance zone and the clear near zone such as to extend over a whole width of a representation of the spectacle lens (i.e. as designed 11 and 12 extend over the width of the glasses lens 10, as depicted in Figs. 1-2, paragraphs [11-21, 29-38]);
designing, in the representation of the spectacle lens (10), an intermediate zone located between the clear distance zone and the clear near zone such that a line of sight passes the intermediate zone when a viewing direction changes from viewing through the clear distance zone to viewing through the clear near zone or vice versa (intermediate zone with vision barrier/blocking device 20/21 between 11 and 12, with visual quality of the visual barrier device region reduced compared to other areas Figs. 1-2, given line of sight and position of wearer’s pupil 30, paragraphs [09,18, 29-33]).
But Wang is silent that the intermediate zone (20,21) including focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. near or distance vision zones, 11,12), that the focusing structures are being distributed throughout the intermediate zone (20/21), that clear near zone is fully surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as zone 20/21 surrounds near zone 12 depicted in Figs. 1-2, paragraphs [11-21, 29-38]), and that method is computer-implemented method of designing the spectacle lens.
However, Chalberg teaches in the same field of invention of light scattering lens for treating myopia and eyeglasses containing the same and computer-implemented method of designing the spectacle lens (see Figs. 1-4, 9-12, Title, abstract, paragraphs [01, 08-34,51-56, 62-76, 83-96,106-114,117-121], where ophthalmic lenses for treating myopia and reducing myopia progression include scattering area and lenslets in intermediate area allowing for defocus that is known to reduce myopic progression, e.g. paragraphs [51-56, 83-96,106-114,117-121]), and further teaches that the method is computer-implemented method of designing the spectacle lens (i.e. as computer and computer software relies on data for modeling/optimizing and fabrication of ophthalmic lens 100 (and equivalents), paragraphs [51-69, 121]), and that the intermediate zone (scattering area e.g. 130,330,430, 830,930 with 912,1230, e.g. 51-56, 62-76, 83-96,106-114,117-121]) including
focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. as lenslets 1235 area in scattering area includes such lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]), that the focusing structures are being distributed throughout the intermediate zone (as the lenslets 1235 are distributed thought out the lenslets 1235 area in area 1230, paragraphs [117-122, 27-28], Figs. 9-12), and that clear near zone is surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, mostly surround the clear aperture 1220 for near vision and fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94], thereby providing defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 108, 117-122,125]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement computer-implemented method of designing the spectacle lens of Chalberg and to adapt and modify the lens(es) in glasses with intermediate zone barrier surrounding the near zone of Wang to include intermediate scattering zone with distributed focusing structures/lenslets distributed throughout the intermediate zone with lenslets, and having focal power higher than the distance focal power and the near focal power and having lenslets zone with lenslets to surround clear aperture zone according to teachings of Chalberg in order to provide for defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 117-122,125]), and further in order to provide computer-implemented method of designing the lens as computer modeled and optimized lenses and use wearer's prescription with computer-controlled surfacing equipment that is more precise than conventional tools (see Chalberg, paragraphs [66-67, 121]).
However, the combination is silent that the clear near zone is fully surrounded by the focusing structures (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, surround the clear aperture 1220 for near vision except at the small lower part, while lenslets fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94]).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the shape of intermediate zone with lenslets of the combination to fully surround clear aperture for near vision, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, one would have been motivated to select the shape of the lenslets in the intermediate zone to fully surround the clear zone for near vision for the purpose of providing defocus around the near-viewing area, as such peripheral defocus which is known to reduce myopic progression, as lenslets enable defocus to portions of a wavefront is otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region( see Chalberg, paragraphs [108, 117-122,125,27-28]).
Regarding claims 2 and 22, the Wang-Chalberg combination teaches the invention and designing method as set forth above and Wang teaches (see Figs. 1-3) that distance focal power is a minus focal power and the near focal power is a zero or plus focal power (i.e. as distance vision zone 11 has distance power e.g. 50, and near vision zone 12 with near power e.g. 60 Figs. 1-2, paragraphs [29-33], and as near vision area with plus power and negative distance power compared to lenslets, and in combination with Chalberg, e.g. paragraphs [107, 114,118]).
Regarding claims 3 and 23, the Wang-Chalberg combination teaches the invention and designing method as set forth above and Wang teaches (see Figs. 1-3) that the intermediate zone comprises: focusing structures providing a focal power higher than the distance focal power and the near focal power and diffusing structures configured to diffuse light passing the intermediate zone (i.e. as per combination barrier/blocking device 20/21 area diffuses light as translucent device/means Figs. 1-2, paragraphs [09,18, 29-33] and with such intermediate scattering area with lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]).
Regarding claims 9 and 28, the Wang-Chalberg combination teaches the invention and design method as set forth above and Wang teaches (see Figs. 1-3) that the near focal power and the distance focal power are equal (i.e. given that lens glasses 10 can be focal lens(es) or multi-focal lens(es), paragraphs [02-04], and applied with single vision lenses, paragraphs [11, 51,90,106,121] of Chalberg. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and lenses of Wang to apply focusing structures, as noted above, to lenses which are single vision lenses, such that the lenses are tailored for each individual wearer and fabricated based on the wearer's prescription (see e.g. Chalberg, paragraphs [51,90,106,121]).
Regarding claim 11, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that the intermediate zone exclusively includes the focusing structures (i.e. as per combination barrier/blocking device 20/21 area paragraphs [09,18, 29-33] and with lenslets 1235 includes only lenslets, but not additional scattering centers, as depicted in Figs. 12, paragraphs [117-120,]).
Regarding claim 12, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that both the clear distance zone and the clear near zone extend over the whole width of the spectacle lens (i.e. as both 11 and 12 extend over the whole width of 10, as depicted in Fig. 1, paragraphs [29-33]).
Regarding claim 13, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that the intermediate zone extends over the whole width of the spectacle lens (i.e. as 20/21 extends over the whole width of 10, as depicted in Fig. 1, paragraphs [29-33]).
Regarding claim 14, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that at least one of the clear distance zone and the clear near zone is delimited in a vertical direction by the intermediate zone (i.e. as 11 and 12 are vertically delimited by 20/21, as depicted in Figs 1,3, paragraphs [29-34]) and Chalberg teaches an additional zone that includes at least one of the following: the focusing structures providing a focal power resulting in a myopic defocus when the spectacle lens is positioned according to an as-worn position; or the diffusing structures configured to diffuse light passing the additional zone (i.e. as additional transition area 460 different scattering properties than the scattering area 430 for reducing contrast in a user's peripheral vision, paragraphs [94-97], Fig. 4). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with intermediate zone with vision barrier of Wang to include additional intermediate zone according to teachings of Chalberg in order to provide different scattering properties than other scattering area for reducing contrast in a user's peripheral vision, and when user's eye is transitioning from distance vision to near vision (see Chalberg, paragraphs [94-97]).
Regarding claim 15, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that an expansion of the clear near zone in the vertical direction along the vertical line through a near reference point (i.e. as expansion of 12 zone 60 as depicted in Fig. 2, paragraphs [31-33]), and Chalberg discloses that it is between 4 and 6 mm (i.e. as vertical expansion of clear aperture 1310, 1310b of 5 mm, paragraphs [12-122, 125-126]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with expansion near zone of Wang to be sized according to teachings of Chalberg in order to provide that the amount of light scattering is reduced compared to a scattering region. (see Chalberg, paragraphs [125-126]).
Regarding claim 17, the Wang-Chalberg combination teaches the invention as set forth above and Chalberg teaches (see Figs. 1-13) a data set stored on a non-transitory computer-readable medium (i.e. given that ophthalmic lens 100 (and equivalents) with clear near/far apertures 110, 120 and intermediate (scattering area/lenslets area 130/1230) designed and optimized by computer with appropriate data, user data using computer modeling software, paragraphs [51-69, 121] and applied for modification of lens glasses of Wang, see claim 1 above), the data set comprising at least one kind of the following kinds of data: (i) a representation of the spectacle lens as claimed in claim 1, wherein the representation of the spectacle lens is configured to be used for manufacturing the spectacle lens; or (ii) data containing the computer-readable instructions for controlling one or more manufacturing machines to produce the spectacle lens as claimed in claim 1 (i.e. as computer and computer software relies on data for modeling/optimizing and fabrication of ophthalmic lens 100 (and equivalents), paragraphs [51-69, 121]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the computer based design modeling, optimization and fabrication of lenses according to teachings of Chalberg to lens(es) in glasses of Wang in order to provide computer modeled and optimized lenses and use wearer's prescription with computer-controlled surfacing equipment that is more precise than conventional tools (see Chalberg, paragraphs [66-67, 121]).
Regarding claim 30, the Wang-Chalberg combination teaches the invention and computer implemented method as set forth above and Wang-Chalberg teaches (see Figs. 1-13) being further configured for manufacturing the designed spectacle lens (as provided and designed the lenses in glasses frame for effective myopia control are made, e.g. 10, applies mutatis mutandis to method of providing as the lenses are provided, see Abstract, paragraphs [02-05, 11-21, 29-38], claim 9), the spectacle lens (10) including: the clear distance zone having the distance focal power; (spectacle lens 10 with distance vision zone 11 with distance power e.g. 50, Figs. 1-2, paragraphs [29-33]) and the clear near zone having the near focal power (near vision zone 12 with near power e.g. 60, Figs. 1-2, paragraphs [29-33]); and the intermediate zone located between the clear distance zone and the clear near zone (intermediate zone with vision barrier/blocking device 20/21 between 11 and 12, with visual quality of the visual barrier device region reduced compared to other areas Figs. 1-2, paragraphs [09,18, 29-33]), wherein the intermediate zone (20,21) includes at least one of the following: the focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. 20/21 modified with Chalberg with lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]); or the diffusing structures configured to diffuse light passing the intermediate zone ( as 20/21 has structures as vision barrier/blocking device 20/21 with visual quality of the visual barrier device region reduced, Figs. 1-2, paragraphs [09,18, 29-33]).
Regarding claim 33, the Wang-Chalberg combination teaches the invention as set forth above and Wang-Chalberg teaches (see Figs. 1-13) a computer program for designing a spectacle lens for the purpose of a use of the design for a manufacture of the spectacle lens (i.e. given that ophthalmic lens 100 (and equivalents) with clear near/far apertures 110, 120 and intermediate (scattering area/lenslets area 130/1230) designed and optimized by computer with computer program and appropriate data, user data using computer modeling software, Chalberg, paragraphs [51-69, 121] and applied for modification of lens glasses of Wang, see claim 21 above), the computer program comprising instructions that, when executed on a computer, prompt the computer to perform the computer-implemented method as claimed in claim 21 (scattering area/lenslets area 130/1230) designed and optimized by computer with computer program and appropriate data, user data using computer modeling software, Chalberg, paragraphs [51-69, 121] and applied for modification of lens glasses of Wang, see claim 21 above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the computer based design modeling, optimization and fabrication of lenses according to teachings of Chalberg to lens(es) in glasses of Wang in order to provide computer modeled and optimized lenses and use wearer's prescription with computer-controlled surfacing equipment that is more precise than conventional tools (see Chalberg, paragraphs [66-67, 121]).
Regarding claim 34, the Wang-Chalberg combination teaches the invention as set forth above and Wang teaches (see Figs. 1-3) that the focusing structures have been applied to a back surface of the spectacle lens by a molding process, a swelling process, or an additive manufacturing process (i.e. as intermediate area with barrier device of Wang as modified, is applied to either back or front surface of lens, see abstract, paragraphs [09-10], and with e.g. computer-controlled surfacing equipment, see Chalberg, paragraphs [117-121]; note that the further limitations regarding a molding process, a swelling process, or an additive manufacturing process are directed to method steps of making the device, and it could have been made using an alternative method such as digital surfacing. The method limitations are not germane to patentability pursuant to MPEP §2112.02, since it has been held that “'[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.' In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).”).
Allowable Subject Matter
Claim 36 is allowed.
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
The prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 USC 102 or 103 would be improper.
Regarding to independent claim 36, directed towards a spectacle lens, the closest cited prior art of Wang teaches (see Figs. 1-3) such a spectacle lens (lenses in glasses frame for effective myopia control, e.g. 10, see Abstract, paragraphs [02-05, 11-21, 29-38]) comprising:
a clear distance zone having a distance focal power (distance vision zone 11 with distance power e.g. 50, Figs. 1-2, paragraphs [29-33]);
a clear near zone having a near focal power (near vision zone 12 with near power e.g. 60, Figs. 1-2, paragraphs [29-33]); and
an intermediate zone located between the clear distance zone and the clear near zone (intermediate zone with vision barrier/blocking device 20/21 with visual quality of the visual barrier device region reduced compared to other areas Figs. 1-2, paragraphs [09,18, 29-33]),
wherein at least one of the clear distance zone and clear near zone extends over a whole width of the spectacle lens (i.e. as 11 and 12 extend over the width of the glasses lens 10, as depicted in Figs. 1-2, paragraphs [11-21, 29-38]),
wherein at least one of the clear distance zone and the clear near zone is delimited in a vertical direction by the intermediate zone extending over the whole width of the spectacle lens (i.e. as 11 and 12 are vertically delimited by 20/21, as depicted in Figs 1,3, paragraphs [29-34])
but is silent that the intermediate zone (20/21) and an additional zone include focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. near or distance vision zones, 11,12), and that clear distance and near zones are delimited in a vertical direction by the additional zone extending over the whole width of the spectacle lens.
However, Chalberg teaches in the same field of invention of light scattering lens for treating myopia and eyeglasses containing the same (see Figs. 1-4, 9-12, Title, abstract, paragraphs [01, 08-34,51-56, 62-76, 83-96,106-114,117-121], where ophthalmic lenses for treating myopia and reducing myopia progression include scattering area and lenslets in intermediate area allowing for defocus that is known to reduce myopic progression, e.g. paragraphs [51-56, 83-96,106-114,117-121]), and further teaches the intermediate zone (scattering area e.g. 130,330,430, 830,930 with 912,1230, e.g. paragraphs [51-56, 62-76, 83-96,106-114,117-121]) and an additional zone (i.e. as additional peripheral zone(s) 914, 915 over 914, 915 and extending over the whole width of the lens e.g. 900, providing that progressive lenses are characterized by a gradient of increasing lens power, paragraphs [106-114], Fig. 9) include focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. as scattering area also includes lenslets 1235 as focusing structures having higher focal power than other base parts of the lens and including additional zones 914, 915 within 924, 925, as depicted in Figs. 9, 12, paragraphs [117-122, 27-28], thereby providing defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 117-122,125]), and that clear distance and near zones are delimited in a vertical direction by the additional zone extending over the whole width of the spectacle lens (i.e. as additional peripheral zone(s) 914, 915 extending over the whole width of the lens e.g. 900, providing that progressive lenses are characterized by a gradient of increasing lens power, added to the wearer's correction for the other refractive errors and with gradual variation in optical power from one zone to the next, paragraphs [106-114], Fig. 9).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with intermediate zone barrier surrounding the near zone of Wang to include intermediate scattering zone with distributed focusing structures therein with focal power higher than the distance focal power and the near focal power and to include additional/peripheral zone according to teachings of Chalberg in order to provide for defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and provide progressive lenses characterized by a gradient of increasing lens power, added to the wearer's correction for the other refractive errors with gradual variation in optical power from one zone to the next (see paragraphs [27-28, 111-114, 117-122,125]).
However, regarding claim 36, the prior art taken either singly or in combination fails to anticipate or fairly suggest such a spectacle lens including the specific arrangement where the focusing structures are present throughout the additional zone, and in combination with all other claimed limitations of claim 36.
Response to Arguments
Applicant’s arguments filed in the Remarks dated 02/22/2026 with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, Applicant argues on page 16-17 of the Remarks that the cited prior art of Wang and Chalberg do not disclose or render obvious the new amended feature of claim 1, namely that (1) “wherein the clear near zone is fully surrounded by the focusing structures”, because Wang doesn’t disclose such intermediate zone and since allegedly Chalberg in Figure 12 also fails disclose this feature because the lenslets 1235 are placed such that they are adjacent to only portions of the second clear aperture 1220. The Examiner respectfully disagrees. With respect to the above issue (1), as noted in the rejections above, the cited prior art of Wand and Chalberg teach and render obvious all limitations of claim 1, as Wang teaches (see Figs. 1-3) a spectacle lens (lenses in glasses frame for effective myopia control, e.g. 10, see Abstract, paragraphs [02-05, 11-21, 29-38]) comprising:
a clear distance zone having a distance focal power (distance vision zone 11 with distance power e.g. 50, Figs. 1-2, paragraphs [29-33]);
a clear near zone having a near focal power (near vision zone 12 with near power e.g. 60, Figs. 1-2, paragraphs [29-33]); and
an intermediate zone located between the clear distance zone and the clear near zone (intermediate zone with vision barrier/blocking device 20/21 with visual quality of the visual barrier device region reduced compared to other areas Figs. 1-2, paragraphs [09,18, 29-33]),
wherein the clear distance zone extends over a whole width of the spectacle lens (i.e. as 11 extends over the width of the glasses lens 10, as depicted in Figs. 1-2, paragraphs [11-21, 29-38]),
wherein the clear near zone is surrounded by the intermediate zone having focusing structures distributed therein (i.e. as near zone 12 is surrounded by the intermediate zone 20/21, in Figs. 1-2, paragraphs [11-21, 29-38]).
But wang is silent that the intermediate zone (20/21) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. near or distance vision zones, 11,12), that the focusing structures are being distributed throughout the intermediate zone (20/21), and that clear near zone is fully surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as zone 20/21 surrounds near zone 12 depicted in Figs. 1-2, paragraphs [11-21, 29-38]).
However, Chalberg teaches in the same field of invention of light scattering lens for treating myopia and eyeglasses containing the same (see Figs. 1-4, 9-12, Title, abstract, paragraphs [01, 08-34,51-56, 62-76, 83-96,106-114,117-121], where ophthalmic lenses for treating myopia and reducing myopia progression include lenslets distributed throughout the intermediate area with scattering centers allowing for defocus that is known to reduce myopic progression, e.g. paragraphs [51-56, 83-96,106-114,117-121]), and further teaches the intermediate zone (area with lenslets 1235 of scattering area e.g. 1230, similar to 130, e.g. paragraphs [51-56, 62-76, 83-96,106-114,117-121]) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. as lenslets 1235 area in scattering area includes such lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]), that the focusing structures are being distributed throughout the intermediate zone (as the lenslets 1235 are distributed thought out the lenslets 1235 area in area 1230, paragraphs [117-122, 27-28], Figs. 9-12), and that clear near zone is surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, mostly surround the clear aperture 1220 for near vision and fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94], thereby providing defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 108, 117-122,125]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with intermediate zone barrier surrounding the near zone of Wang to include intermediate scattering zone with distributed focusing structures/lenslets distributed throughout the intermediate zone with lenslets, and having focal power higher than the distance focal power and the near focal power and having lenslets zone with lenslets to surround clear aperture zone according to teachings of Chalberg in order to provide for defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 117-122,125]).
However, the combination is silent that the clear near zone is fully surrounded by the focusing structures (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, surround the clear aperture 1220 for near vision except at the small lower part, while lenslets fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94]).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the shape of intermediate zone with lenslets of the combination to fully surround clear aperture for near vision, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, one would have been motivated to select the shape of the lenslets in the intermediate zone to fully surround the clear zone for near vision for the purpose of providing defocus around the near-viewing area, as such peripheral defocus which is known to reduce myopic progression, as lenslets enable defocus to portions of a wavefront is otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region( see Chalberg, paragraphs [108, 117-122,125,27-28]).
Specifically, Wang teaches the clear near zone is surrounded by the intermediate zone having focusing structures distributed therein (i.e. as near zone 12 is surrounded by the intermediate zone 20/21, in Figs. 1-2, paragraphs [11-21, 29-38]), but is silent that
that the intermediate zone (20/21) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. near or distance vision zones, 11,12), that the focusing structures are being distributed throughout the intermediate zone (20/21), and that clear near zone is fully surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as zone 20/21 surrounds near zone 12 depicted in Figs. 1-2, paragraphs [11-21, 29-38]).
Hence Chalberg was used as Chalberg teaches in the same field of invention of light scattering lens for treating myopia and eyeglasses containing the same (see Figs. 1-4, 9-12, Title, abstract, paragraphs [01, 08-34,51-56, 62-76, 83-96,106-114,117-121], where ophthalmic lenses for treating myopia and reducing myopia progression include lenslets distributed throughout the intermediate area with scattering centers allowing for defocus that is known to reduce myopic progression, e.g. paragraphs [51-56, 83-96,106-114,117-121]), and further teaches the intermediate zone (area with lenslets 1235 of scattering area e.g. 1230, similar to 130, e.g. paragraphs [51-56, 62-76, 83-96,106-114,117-121]) includes focusing structures providing a focal power higher than the distance focal power and the near focal power (i.e. as lenslets 1235 area in scattering area includes such lenslets 1235 as focusing structures having higher focal power than other base parts of the lens, as depicted in Figs. 12, paragraphs [117-122, 27-28]), that the focusing structures are being distributed throughout the intermediate zone (as the lenslets 1235 are distributed thought out the lenslets 1235 area in area 1230, paragraphs [117-122, 27-28], Figs. 9-12), and that clear near zone is surrounded by the focusing structures distributed throughout the intermediate zone (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, mostly surround the clear aperture 1220 for near vision and fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94], thereby providing defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, and that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 108, 117-122,125]).
Further it was noted that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the lens(es) in glasses with intermediate zone barrier surrounding the near zone of Wang to include intermediate scattering zone with distributed focusing structures/lenslets distributed throughout the intermediate zone with lenslets, and having focal power higher than the distance focal power and the near focal power and having lenslets zone with lenslets to surround clear aperture zone according to teachings of Chalberg in order to provide for defocus to portions of a wavefront that would otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region, while allow for treating myopia and reducing myopia progression, see paragraphs [27-28, 117-122,125]).
However, as noted above, the combination is silent that the clear near zone is fully surrounded by the focusing structures (i.e. as lenslets 1235 in scattering zone area 1230 and distributed throughout the lenslets zone with lenslets 1235 in 1230, surround the clear aperture 1220 for near vision except at the small lower part, while lenslets fully surround the clear aperture 1210 for distance vision, as depicted in Figs. 12, 1,4, paragraphs [117-122, 108, 27-28, 08-21, 51-53, 94]).
However, it was noted that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the shape of intermediate zone with lenslets of the combination to fully surround clear aperture for near vision, since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination, In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further, one would have been motivated to select the shape of the lenslets in the intermediate zone to fully surround the clear zone for near vision for the purpose of providing defocus around the near-viewing area, as such peripheral defocus which is known to reduce myopic progression, as lenslets enable defocus to portions of a wavefront is otherwise be focused onto the user's retina, and optical properties that vary depending on the degree of defocus considered appropriate for a user, also provide that the amount of light scattering is reduced compared to a scattering region( see Chalberg, paragraphs [108, 117-122,125,27-28]).
The same answers apply equally to claim 21.
Regarding Applicant’s statements for the amended claim 36, it is noted that the claim 36 is allowed as detailed above.
No additional substantial arguments were presented after page 18 or the Remarks dated 02/22/2026.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARIN PICHLER/ Primary Examiner, Art Unit 2872
Prosecution Insights