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
The instant application having Application No. 18/368,537 filed on 9/14/2023 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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “32” in Fig. 8.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“(figure 11)” is cited in line 17 of page 17 of the specification. There is no Fig. 11 in the specification.
“interior hard coating 25” in line 2 of page 20 of the specification should be changed to “interior hard coating 24”.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuta et al. (JP 2013257401A, hereinafter, “Yuta”).
Regarding claim 1, Yuta discloses (paragraphs cited herein refer to the English translation, figures refer to the original) a colorized lens for eyewear comprising:
a substrate forming a lens, said lens having a first surface opposite a second surface ([0027], [0028]);
an image layer, said image layer comprising a single or multicolor image upon said first surface of said substrate by nozzles emitting ink therefrom to form said image layer ([0051], [0052], [0058], the decorative/image layer is formed on the lens substrate of the finished lens product by ink jet printing); and
a layer of hard coat material positioned upon said image layer ([0060], a hard coat layer may be positioned on the decorative/image layer).
Regarding claim 2, Yuta discloses the colorized lens for eyewear of claim 1 additionally comprising:
a viewing area formed within said image layer, said viewing area having a single color of said ink or having no said ink therein (Fig. 4A, [0071], 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color); and
whereby a wearer of said lens is provided said viewing area having a single color (i.e., 430) or no color therein for viewing through said lens (the wearer of the spectacle sees through the lens 410).
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 3-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta in view of Wang et al. (US 7,884,992, hereinafter, “Wang”).
Regarding claim 3, Yuta discloses the colorized lens for eyewear of claim 1.
Yuta does not explicitly disclose additionally comprising: a layer of primer material positioned in between said image layer and said layer of hard coat material.
Yuta discloses that the decorative/image layer formed on the lens substrate may also serve as a primer layer ([0059]).
Wang discloses a photochromic optical article, e.g., a lens (col. 1, lines 45-47). In one embodiment, a primer layer may be formed between the photochromic layers (representing an image layer) 21 and 22 or between the photochromic layer 21 and the substrate 1 (Fig. 3, col. 4, lines 5-9).
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 Yuta so that a separate primer layer is positioned between the decorative/image layer and the hard coat layer, as taught by Wang, for improving adhesion therebetween (see col. 4, line 9, in Wang).
Regarding claim 4, Yuta discloses the colorized lens for eyewear of claim 2.
Yuta does not disclose additionally comprising: a layer of primer material positioned in between said image layer and said layer of hard coat material.
Yuta discloses that the decorative/image later formed on the lens substrate may also serve as a primer layer ([0059]).
Wang discloses a photochromic optical article, e.g., a lens (col. 1, lines 45-47). In one embodiment, a primer layer may be formed between the photochromic layers (representing an image layer) 21 and 22 or between the photochromic layer 21 and the substrate 1 (Fig. 3, col. 4, lines 5-9).
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 Yuta so that a separate primer layer is positioned between the decorative/image layer and the hard coat layer, as taught by Wang, for improving adhesion therebetween (see col. 4, line 9, in Wang).
Regarding claim 5, Yuta discloses a colorized lens for eyewear comprising:
a substrate forming a lens, said lens having a first surface opposite a second surface ([0027], [0028]);
an image layer, said image layer comprising a single or multicolor image upon said first layer of primer material by nozzles emitting ink therefrom to form said image layer ([0051], [0052], [0058], the decorative/image layer is formed on the lens substrate of the finished lens product by ink jet printing).
Yuta does not explicitly disclose a first layer of primer material positioned upon the first surface of the lens.
Yuta discloses that the decorative/image layer formed on the lens substrate may also serve as a primer layer ([0059]).
Wang discloses a photochromic optical article, e.g., a lens (col. 1, lines 45-47). In one embodiment, a primer layer may be formed between the photochromic layers (representing an image layer) 21 and 22 or between the photochromic layer 21 and the substrate 1 (Fig. 3, col. 4, lines 5-9).
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 Yuta so that a separate primer layer is positioned on the decorative/image layer, as taught by Wang, for improving adhesion therebetween (see col. 4, line 9, in Wang).
Regarding claim 6, Yuta/Wang discloses the colorized lens for eyewear of claim 5, additionally comprising: a layer of hard coat material positioned upon said image layer ([0060] in Yuta, a hard coat layer may be positioned on the decorative/image layer).
Regarding claim 7, Yuta/Wang discloses the colorized lens for eyewear of claim 5.
Yuta/Wang does not disclose a second layer of primer material positioned upon said image layer; and
a layer of hard coat material positioned upon said second layer of primer material.
The colorized lens of claim 5 comprising a second primer material positioned upon the image layer represents a duplication of the colorized lens of Yuta/Wang (re the second layer of primer material).
It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate the primer material positioned on the decorative/image layer (i.e., position a second primer layer upon the image layer/first primer/lens substrate aggregate layer), since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960), for additional adhesion of the hard coat subsequently positioned.
It is noted that in the above modified lens, a layer of hard coat material may be positioned upon said second layer of primer material ([0060] in Yuta).
Regarding claim 8, Yuta/Wang discloses the colorized lens for eyewear of claim 7, additionally comprising: an optical thin film coating positioned upon said layer of hard coat material ([0060] in Yuta, various functional layers may be positioned on the finished lens, including an anti-reflection layer).
Regarding claim 9, Yuta/Wang discloses the colorized lens for eyewear of claim 5, additionally comprising:
a viewing area formed within said image layer, said viewing area having a single color of said ink (i.e., 430) or having no said ink therein (Fig. 4A, [0071], in Yuta, 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color); and
whereby a wearer of said lens is provided said viewing area having a single color or no color therein for viewing through said lens (the wearer of the spectacle sees through the lens 410).
Regarding claim 10, Yuta/Wang discloses the colorized lens for eyewear of claim 6, additionally comprising:
a viewing area formed within said image layer, said viewing area having a single color of said ink (i.e., 430) or having no said ink therein (Fig. 4A, [0071], in Yuta, 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color); and
whereby a wearer of said lens is provided said viewing area having a single color or no color therein for viewing through said lens (the wearer of the spectacle sees through the lens 410).
Regarding claim 11, Yuta/Wang discloses the colorized lens for eyewear of claim 7, additionally comprising:
a viewing area formed within said image layer, said viewing area having a single color of said ink (i.e., 430) or having no said ink therein (Fig. 4A, [0071], in Yuta, 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color); and
whereby a wearer of said lens is provided said viewing area having a single color or no color therein for viewing through said lens (the wearer of the spectacle sees through the lens 410).
Regarding claim 12, Yuta/Wang discloses the colorized lens for eyewear of claim 8, additionally comprising:
a viewing area formed within said image layer, said viewing area having a single color (i.e., 430) of said ink or having no said ink therein (Fig. 4A, [0071], in Yuta, 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color); and
whereby a wearer of said lens is provided said viewing area having a single color or no color therein for viewing through said lens (the wearer of the spectacle sees through the lens 410).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yuta in view of Lu et al. (US 2018/0065321, hereinafter, ‘Lu”).
Regarding claim 13, Yuta discloses a method of imparting an image upon a lens for eyewear comprising:
imparting an image upon a first surface of said lens facing said spray nozzles using ink emitted therefrom ([0051], [0058], the decorative/image layer is formed on the lens substrate of the finished lens product by ink jet printing); and
forming a viewing area within said image layer, said viewing area having a single color of said ink or having no said ink therein (Fig. 4A, [0071], 410 shows the spectacle lens image, i.e., the viewing area formed within the decorative/image layer, in one embodiment, the image 410 may comprise a single color 430); and
whereby colored image is formed upon said first surface having said viewing area providing a wearer a view through a single color area of said image or a view through said viewing area having no color therein (the wearer of the spectacle sees through the lens 410).
Yuta does not explicitly disclose positioning a lens adjacent one or a plurality of ink emitting spray nozzles.
Lu discloses a 3D printing method implemented by a movable platform (Abstract). In one embodiment, a nozzle 31 moves across platform 32 to spray jet ink (Fig. 6B, [0049]).
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 Yuta so that the nozzles of the ink jet printer are positioned adjacent to the lens substrate, as taught by Lu, for improving the quality of the deposition process.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yuta, Lu, in view of Neitz et al. (US 2025/0189818, hereinafter, “Neitz”).
Regarding claim 14, Yuta/Lu discloses the method of imparting an image upon a lens for eyewear of claim 13.
Yuta/Lu does not explicitly disclose additionally comprising:
calculating a center point of said lens which aligns with the pupil of said wearer; and
forming said viewing area around said center point.
Neitz discloses eyewear comprising ophthalmic lenses (Abstract, Fig. 1A). In one embodiment, the ophthalmic lenses comprise a decorative/image area 1420 (comprising dots) formed at a center point of the lens 1431 which aligns with the pupil of the wearer (Fig. 14A, [0095]).
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 Yuta/Lu so that the method of imparting an image upon a lens includes calculating a center point of the lens that aligns with the viewing area and forming the viewing area around the center point, as taught by Neitz, for improving the visual effect of the viewing area on the wearer of the lens.
Regarding claim 15, Yuta/Lu/Neitz discloses the method of imparting an image upon a lens for eyewear of claim 14.
Yuta/Lu/Neitz does not explicitly disclose additionally comprising:
forming said viewing area in a substantially circular shape around said center point having a diameter of said viewing area between 15-25 mm.
Yuta/Lu/Neitz discloses forming said viewing area in a substantially circular shape around said center point having a diameter OD of said viewing area 2.5 mm or more (Fig. 14A, [0097] in Neitz).
The parameter OD (i.e., diameter of the decorative/image) is a result-effective variable, i.e., it is are recognized to achieve a recognized result, for example, affecting the visual on the user’s pupil, see [0097] in Neitz).
Yuta/Lu/Neitz discloses the claimed invention except for 15 ≤OD ≤25mm. 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 Yuta/Lu/Neitz so that OD lies within 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, OD is an art recognized result-effective variable in that it affects the visual on the user’s pupil, as taught by Neitz.
Thus, one would have been motivated to optimize OD 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”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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, Stephone Allen, can be reached on 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872