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 .
Response to amendments
The claim amendments and arguments dated 5/26/26 are sufficient to overcome the previous claim objections and 112(b) 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, 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.
Claim(s) 1,3,6,8-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abt [US 2012/0099077 A1].
Re. claim 1, Abt discloses a contact lens holder [Figs. 1-2], comprising:
a rim forming a lens receptacle for receiving a lens [110, Figs. 1-2]; and
a flange [140 and 150, Figs. 1-2] integrally formed with and extending from the rim [Par. 0050], the flange comprising at least one tab [150, Fig. 1].
In the embodiment of Figs. 1-2, Abt fails to disclose the micro-structuring. However, in a different embodiment (Fig. 9d), Abt teaches at least one of a posterior surface of the flange and a posterior surface of the at least one tab comprises micro-structuring, the micro-structuring comprising a plurality of ridge separated by a plurality of recesses, the plurality of ridges projecting outwardly from the posterior surface of the flange or tab [620, Fig. 9d. Note that these structures, being small compared to the lens, are reasonably considered micro-structures. The “posterior surface” is defined as that of the inside of the recesses. The ridges are defined as fibers applied to the surface, Par. 0080, and thus are reasonably considered to extend outwardly from the surface]
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Fig. 9d excerpt
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the two embodiments by adding the micro-structures 620 to the posterior surface of the tabs 150 of Fig. 1, because this improves the ability of the lens holder to secure to an eye [Abt, Par. 0080].
Re. claim 3, in the above modification, Abt discloses the plurality of the ridges and the plurality of recesses have half-circles or half-round shapes [Fig. 9d].
Re. claim 8, in Fig. 1 Abt discloses a plurality of tabs but is silent regarding the tabs having different sizes. However, in Figs 5 and 6, Abt discloses wherein the at least one tab comprises a plurality of tabs with at least two different sizes [see embodiment in Fig. 5 or fig. 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Abt by configuring the tabs to have at least two different sizes, in the specific pattern of either Fig. 5 or Fig. 6, in order to increase surface contact area between the lens and an eye [Abt, Par. 0073]
Re. claim 9, in the above modification [embodiment of Fig. 6], Abt discloses the plurality of tabs comprise a first set of tabs including two major tabs in a superior quadrant of the flange and a second set of tabs including another two major tabs in an inferior quadrant of the flange [see Annotated Fig. 6 below].
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Re. claim 10, in the above modification [embodiment of Fig. 6], Abt discloses the first set of tabs and the second set of tabs are of a same size [see annotated Fig. 6 above].
Re. claim 11, in the above modification [embodiment of Fig. 6], Abt discloses there is a relief space between each of the two tabs in the first set of tabs and each of the other two tabs in the second set of tabs [Fig. 6].
Re. claim 12, in the above modification [embodiment of Fig. 6], Abt discloses the plurality of tabs comprise a third set tabs including two minor tabs, wherein each of the minor tabs is situation between a major tab from the first set of tabs and a major tab from the second set of tabs [Annotated Fig. 6 below].
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Re. claim 13, in the above modification [embodiment of Fig. 6], Abt discloses the third set of tabs are smaller in size than the first and the second sets of tabs [Annotated Fig. 6 with respect to claim 12. But see 112(b) above].
Re. claim 14, Abt discloses the contact lens holder of claim 8, and in the embodiment cited above [Fig. 5] as modified above further discloses wherein the plurality of tabs comprise three tabs, including a major tab [410] and two minor tabs [420], wherein the major tab extends peripherally along an entire quadrant of the flange [Fig. 5], and wherein the two minor tabs include a first minor tab extending peripherally at a first location opposite a first end of the major tab and a second minor tab extends peripherally at a second location approximately opposite a second end of the major tab.
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Re. claim 15, in the embodiment of Fig. 9d, Abt teaches at least one of a posterior surface of the flange and a posterior surface of the at least one tab comprises viscoelastic material [Par. 0080, last line]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of the modified Abt to include a viscoelastic material on the posterior surface of the tab in order to better secure the lens to the eye [Abt, Par. 0080].
Re. claims 16-17, Abt discloses the contact lens holder as set forth with respect to claims 1, 3, and 15 above.
Claim(s) 4-5 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abt in view of Patel et al. [US 9220507 B1, hereinafter “Patel”].
Re. claims 4 and 5, the modified Abt teaches the lens holder as set forth above, with ridges and recesses, but fails to teach the micro-structuring comprising triangular ridges separated by flat recesses. However, Patel teaches, In a medical device for gripping a patient’s anatomy, the gripping surface have micro-structuring comprising triangular ridges [traingles in the vicinity of vertex 225, Fig. 3] separated by flat recesses [portion of flat steps between above-defined triangles], wherein the triangular ridges comprises rows and columns of ridges [Annotated Fig. 3], wherein neighboring columns of ridges are separated by a gap [Annotated Fig. 3]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Abt by configuring the taps to have rows and columns of triangular ridges separated by flat recesses as taught by Patel in order to further “enhance frictional gripping force,” Patel Col 7 lines 40-44.
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Re. claims 18 and 19, Abt-Patel discloses the contact lens holder as set forth with respect to claims 1, 4, and 15 above.
Re. claim 20, Abt-Patel discloses the contact lens holder as set forth with respect to claim 5 above.
Response to Arguments
Applicant's arguments filed 5/26/26 have been fully considered but they are not persuasive. Applicant argues that Abt fails to teach the ridges separated by recesses, or projecting outwardly from the posterior surface of [the flange or tab]. The examiner respectfully disagrees, finding that Abt Fig. 9b shows this as set forth above. The examiner notes that the ridges reasonably project outwardly from the posterior surface as they are described in Abt as comprising fibers which are applied to the posterior surface [Par. 0080].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-Th 9 am to 3 pm ET.
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/ERIN MCGRATH/Primary Examiner, Art Unit 3771
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