DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/3/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 1-19 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “a linear distance between a center of the circular light transmitting area of the lenses is between 40 mm and 80 mm” (line 9-10) is vague and renders the claims indefinite. In English, “between” means “in or along the space separating two objects or regions”. It is unclear “a linear distance between a center of the circular light transmitting area…..”. Does applicant means that ““a linear distance between centers of the circular light transmitting areas of the lenses is between 40 mm and 80 mm”?
Claims 2-5 and 13-19 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Claim 6 has same the undefined issue as that of claim 1 in line 11-12.
Claims 7-12 are rejected as containing the deficiencies of claim 6 through their dependency from claim 6.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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 of this title, 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- 20 are rejected under 35 U.S.C. 103 as being unpatentable over Slater (US 20130107206) in a view of Mast (US 20200122015).
Regarding Claim 1, Slater teaches therapeutic eyeglasses (abstract; figs. 1-3), comprising:
a frame (fig. 1, 201) comprising:
a frame front (fig. 1, 203, 205, 211); and
a pair of temples attached to respective ends of the frame front (fig. 1, 201, two temples); and
a pair of lenses received in the frame front (fig. 1, 205, 211),
wherein each lens comprises a light modifying area (fig. 1, 209, 215) and a circular light transmitting area within the light modifying area (fig. 1, 207, 213),
the circular light transmitting area proximate to a center of the lens (fig. 1, 209, 207, 215, 213; ¶[0018], line 1-18, the first 207 and third 213 regions are situated within the lens so that they are disposed over all or a portion of the central portion of the user's vision),
wherein the diameter of the circular light transmitting area is between 10 and 25 mm (¶[0036], line 1-11, the first and third regions have a major dimension within the range of about 4 mm to about 75 mm, preferably within the range of about 8 mm to about 50 mm, more preferably within the range of about 15 mm to about 35 mm, and most preferably within the range of about 20 mm to about 30 mm).
But Slater does not specifically disclose that wherein a linear distance between
However, Slater teaches in ¶[0018], line 1-18, that “the first 207 and third 213 regions are situated within the lens so that they are disposed over all or a portion of the central portion of the user's vision”, --- the first 207 and third 213 regions are aligned with user's vision eyes, so linear distance between centers of 207 and 213 is a interpupillary distance.
Further, Mast teaches an apparatus (abstract; fig. 1), wherein a interpupillary distance is about 62 mm –64 mm, that is, a linear distance between a centers of the circular light transmitting areas of the lenses is between 40 mm and 80 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Slater by the apparatus of Mast for the purpose to maintain constant visual focus on a moving/stationary targets (¶[0002], line 1-7).
Regarding Claim 2, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the diameter of the circular light transmitting area is between 15 and 20 mm (¶[0036], line 1-11, the first and third regions have a major dimension within the range of about 4 mm to about 75 mm, preferably within the range of about 8 mm to about 50 mm, more preferably within the range of about 15 mm to about 35 mm, and most preferably within the range of about 20 mm to about 30 mm, as disclosed in Slater).
Regarding Claim 3, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the linear distance between the center of the circular light transmitting area is between 55 mm and 65 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men, as disclosed in Mast).
Regarding Claim 4, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the linear distance between the center of the circular light transmitting area is between 57.5 mm and 62.5 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men, as disclosed in Mast).
Regarding Claim 5, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the circular light transmitting area is located below the center of the respective lens (fig. 1, 207, 213, --portions of 207 and 213 are below the centers of 205, 211, as disclosed in Slater; fig. 1, 132, 108; -- portions of 132 are below the centers of 108, as disclosed in Mast).
Regarding Claim 13, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the frame and lenses are curved (fig. 1, 205, 211, as disclosed in Slater; fig. 1, 120, 106, as disclosed in Mast).
Regarding Claim 14, Slater - Mast combination teaches the therapeutic eyeglasses of claim 13, wherein the therapeutic eyeglasses are wraparound eyeglasses fig. 1, 205, 211, 203, as disclosed in Slater; fig. 1, 120, 106, 108, as disclosed in Mast).
Regarding Claim 15, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the frame further comprises:
a light blocking top shield extending from a top of the frame front to block peripheral light from the eyes of a wearer; and/or light blocking side shields extending from each of the temples to block peripheral light from the eyes of a wearer (fig. 1, 134 as disclosed in Mast).
Regarding Claim 16, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the light modifying area of each lens is formed by a durable coating on the lens or a film adhered on the lens (¶[0032], line 1-19, by providing or applying an optically reflective or absorbing film to (or over) the second region but not to (or over) the first region, as disclosed in Slater).
Regarding Claim 17, Slater - Mast combination teaches the therapeutic eyeglasses of claim 1, wherein the light modifying area is:
a light blocking area that prevents substantially all light from passing through the lens (fig. 1, 134, as disclosed in Mast);
a tinted area and the circular light transmitting area is a circular non-tinted area within the tinted area (¶[0020], line 1-10, the first 207 and third 213 regions may have a lesser degree of color and/or tinting (and preferably, no color or tinting) (as measured, for example, by darkness, saturation or hue), and the second 209 and fourth 215 regions may have a greater degree of color and/or tinting (and preferably, a pronounced degree of color and/or tinting). This has the effect of dimming the peripheral portion of the user's vision, thus creating a tunnel vision effect of the type referred to above which is characterized by clear and bright central vision and a darkened peripheral vision, as disclosed in Slater); or
an obscuration area that obscures the vision of a wearer, wherein in some examples the obscuration area of each lens is provided by an abraded surface.
Regarding Claim 18, Slater - Mast combination teaches the therapeutic eyeglasses of claim 17, wherein the obscuration area scatters and/or diffuses light such that substantially all objects viewed through the obscuration area are undiscernible by the wearer (¶[0030], line 1-20, the first region is essentially devoid of such optical occlusions so that it provides little or no scattering, reflection or absorption of visible light, while the second region provides at least some scattering, reflection or absorption of visible light; the amount of scattering; at least 50%, as disclosed in Slater).
Regarding Claim 19, Slater - Mast combination teaches the therapeutic eyeglasses of claim 17, wherein the obscuration area has a haze of 25% or more, in some examples 35% or more, and more in some examples 50% or more (---this portion of claim is of functional claim. In product and apparatus claims –when the structure and composition recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent, see MPEP § 2112.01. As the structure and materials provided by Slater - Mast combination is same to that recited in the claims, then it is expected that functions of light transmission and light scattering provided by Slater - Mast combination has same results as claimed. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Regarding Claim 6, Slater teaches therapeutic eyeglasses (abstract; figs. 1-3), comprising:
a frame (fig. 1, 201) comprising:
a frame front (fig. 1, 203, 205, 211) comprising a bridge (fig. 1, 201); and
a pair of temples attached to respective ends of the frame front (fig. 1, 201, two temples); and
a pair of lenses received in the frame front (fig. 1, 205, 211),
wherein each lens comprises a light modifying area (fig. 1, 209, 215) and an circular light transmitting area within the light modifying area (fig. 1, 207, 213),
the circular light transmitting area comprising a curved portion having a center (fig. 1, 207, 213),
the center of the curved portion of the light transmitting area proximate to a center of each lens (fig. 1, 209, 207, 215, 213; ¶[0018], line 1-18, the first 207 and third 213 regions are situated within the lens so that they are disposed over all or a portion of the central portion of the user's vision).
But Slater does not specifically disclose that wherein a linear distance between
However, Slater teaches in ¶[0018], line 1-18, that “the first 207 and third 213 regions are situated within the lens so that they are disposed over all or a portion of the central portion of the user's vision”, --- the first 207 and third 213 regions are aligned with user's vision eyes, so linear distance between centers of 207 and 213 is a interpupillary distance.
Further, Mast teaches an apparatus (abstract; fig. 1), wherein a interpupillary distance is about 62 mm – 64 mm, that is, a linear distance between the centers of the curved portion of the elongate light transmitting areas of the lenses is between 40 mm and 80 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men),
wherein an elongate light transmitting area within the light modifying area (figs. 1-3, 132, 108, 134),
an elongate portion extending laterally from the curved portion to an inner edge of the lens proximate to the bridge (figs. 1-3, 132, 116); and
the center of the curved portion of the elongate light transmitting area proximate to a center of each lens (figs. 1-3, 132, 108).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Slater by the apparatus of Mast for the purpose to maintain constant visual focus on a moving/stationary targets (¶[0002], line 1-7).
Regarding Claim 7, Slater - Mast combination teaches the therapeutic eyeglasses of claim 6, wherein the curved portion is a semi- circular portion (fig. 1, 207, 213, as disclosed in Slater).
Regarding Claim 8, Slater - Mast combination teaches the therapeutic eyeglasses of claim 7, wherein the diameter of the semi- circular portion is between 10 and 25 mm (¶[0036], line 1-11, the first and third regions have a major dimension within the range of about 4 mm to about 75 mm, preferably within the range of about 8 mm to about 50 mm, more preferably within the range of about 15 mm to about 35 mm, and most preferably within the range of about 20 mm to about 30 mm, as disclosed in Slater).
Regarding Claim 9, Slater - Mast combination teaches the therapeutic eyeglasses of claim 8, wherein the diameter of the semi- circular portion is between 15 and 20 mm (¶[0036], line 1-11, the first and third regions have a major dimension within the range of about 4 mm to about 75 mm, preferably within the range of about 8 mm to about 50 mm, more preferably within the range of about 15 mm to about 35 mm, and most preferably within the range of about 20 mm to about 30 mm, as disclosed in Slater).
Regarding Claim 10, Slater - Mast combination teaches the therapeutic eyeglasses of claim 6, wherein the linear distance between the center of the curved portions of the elongate light transmitting areas in each lens is between 55 mm and 65 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men, as disclosed in Mast).
Regarding Claim 11, Slater - Mast combination teaches the therapeutic eyeglasses of claim 6, wherein the linear distance between the center of the curved portions of the elongate light transmitting areas in each lens is between 57.5 mm and 62.5 mm (¶[0156], line 1-4, It is known in the art that the average pupillary distance (i.e., the horizontal distance between the centers of the pupils) is about 62 mm for women and about 64 mm for men, as disclosed in Mast).
Regarding Claim 12, Slater - Mast combination teaches the therapeutic eyeglasses of claim 6, wherein the elongate light transmitting area is located below the center of the respective lens (fig. 1, 207, 213, --portions of 207 and 213 are below the centers of 205, 211, as disclosed in Slater; fig. 1, 132, 108; -- portions of 132 are below the centers of 108, as disclosed in Mast).
Regarding Claim 20, Slater teaches a method of making therapeutic eyeglasses (abstract; figs. 1-3), comprising:
inserting a pair of lenses into a frame of the therapeutic eyeglasses (fig. 1, 205, 211);
applying a mask to a surface of each lens in the pair of lenses of the therapeutic eyeglasses (¶[0032], line 1-20, by providing an optically reflective or absorbing film to ( or over) both regions and selectively removing it from the first region; ---film to the first region is a kind of a mask). A,
wherein each mask has a size and shape corresponding to a size and shape of a light transmitting area of a respective lens (see above, first region, removing the film from the first region); and
removing the mask from each lens in the pair of lenses (see above, first region, removing the film from the first region).
But Slater does not specifically disclose that wherein abrading the surface of each lens.
However, Mast teaches an apparatus (abstract; fig. 1), wherein abrading the surface of each lens (figs. 1-3, 132, 134; ¶[0122], line 1-4, The opaque area 134 of each lens element 104 is made of an opaque material. Alternatively, the opaque area 134 may be rendered opaque by gluing, staining, painting, or otherwise coupling thereto a layer of opaque material).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Slater by the apparatus of Mast for the purpose to maintain constant visual focus on a moving/stationary targets (¶[0002], line 1-7).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872