DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 4, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement(s) filed on September 4, 2026 have/has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
The information disclosure statement filed September 4, 2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specifically, Examiner has not considered For Doc #1 for failing to provide a copy.
Drawings
The drawings were received on September 4, 2026. These drawings are accepted.
Specification
Applicant’s amendment to the specification does not appear to also address the issue of the drawings inserted in the specification on page 13. Examiner suggests filing a clean copy without the drawings on page 13 of the specification including the amendments made February 28, 2024 and September 4, 2206.
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11, 13-41 are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (US 2022/0404639 - Lam; of record) in view of Bakaraju (US 2023/0085534).
As to claim 1, Lam teaches an ophthalmic lens for at least one of slowing or preventing the progression of myopia (Lam Fig. 1; para. [0002]), comprising
a lens center (Lam Fig. 1 - 120), and a shape defined by a lens outer peripheral edge (Lam Fig. 1 - 1);
an optic zone surrounding said lens center and having an optic zone outer periphery (Lam Fig. 1 - 120, 121,…127; 131, 132,…137), the optic zone further comprising a central optic zone surrounding the lens center and defined by a central optic zone radius (Lam Fig. 1 - 120, 121,…; 131, 132…) and a peripheral zone surrounding the central optic zone and extending to the optic zone outer periphery (Lam Fig. 1 - 120, 121,…; 131, 132…);
a plurality of myopic defocus zones each positioned at a predetermined radial distance from the lens center (Lam Fig. 1 - 131, 132…137; para. [0052]), and each introducing a predetermined ADD power (Lam Fig. 1 - 15, 16; para. [0044], [0054]-[0056]), where the predetermined ADD power for the plurality of myopic defocus zones increases with increased radial distance from the lens center to at least a radial distance of 4mm from the lens center (Lam Fig. 1 - 15, 16; para. [0034], [0035], [0048], [0052] - as discussed, includes 2-10 defocusing zones of increasing power, and/or 4-40 alternating zones, the zone width being 0.25mm));
wherein at least one first myopic zone is positioned within the central optic zone (Lam Fig. 1 - 131), and at least two myopic defocus zones are positioned in the peripheral optic zone (Lam Fig. 1 - 132, 133…).
Lam doesn’t specify a variable toric power profile in the peripheral optic zone comprising different curvatures along sagittal and tangential orientations and varying radially from the lens center outward across at least a portion of the peripheral optic zone according to a predetermined toric power profile, the variable power profile being configured to induce a predetermined peripheral blur orientation at a retinal plane of a wearer.
In the same field of endeavor Bakaraju teaches myopia progression ophthalmic lenses having a variable toric power profile in the peripheral optic zone (Bakaraju Fig. 5; para. [0155]-[0156]; Figs. 11,12, 13) comprising different curvatures along sagittal and tangential orientations and varying radially from the lens center outward across at least a portion of the peripheral optic zone according to a predetermined toric power profile (Bakaraju Fig. 5 - 501, 502, 503, 504; Fig. 11 - 1101, 1102, 1103, 1104; Fig. 12 - 1201, 1202, 1203, 1204; Fig. 13 - 1301, 1302, 1303, 1304), the variable power profile being configured to induce a predetermined peripheral blur orientation at a retinal plane of a wearer (Bakaraju Fig. 8; Fig. 9; Fig. 17; Fig. 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such variable toric power since, as taught by Bakaraju, such toric powers allow for providing directional cues to provide a blur at various retinal regions to decelerate myopia progression (Bakaraju para. [0069]).
As to claim 2, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lam further teaches the central optic zone radius is between 4 and 5mm (Lam Fig. 1 - 120, 121…; 131, 132…; para. [0035], [0048], [0052]).
As to claim 3, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lam further teaches the at least one myopic defocus zone positioned within the central optic zone is located at radial distance greater than 1.2mm from the lens center (Lam Fig. 1 - 131, 132…; para. [0052], [0035], [0048]).
As to claim 4, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 3, and Lam further teaches the at least one myopic defocus zone in the central optic zone has an ADD power of at least 1.5D (Lam para. [0054]).
As to claim 5, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 4, and Lam further teaches the at least two myopic defocus zones positioned in the peripheral optic zone are located at radial distances of about 2.5mm and 3.0mm respectively from lens center (Lam para. [0052], [0035], [0048]).
As to claim 6, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Lam further teaches the at least two myopic defocus zones in the peripheral optic zone have ADD powers of about 3.0D and 4.0D respectively (Lam para. [0044], [0045]).
As to claim 7, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 6, and Lam further teaches at least two additional myopic defocus zone positioned in the peripheral optic zone (Lam Fig. 1 - 134, 135…; para. [0035], [0048]).
As to claim 8, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 7, and Lam further teaches wherein a fourth myopic defocus zone of the at least two additional myopic defocus zones is positioned at a radial distance of at least 3.75mm from lens center, and a fifth myopic defocus zone of the at least two additional myopic defocus zones is positioned at a radial distance of at least 4.5mm from the lens center (Lam Fig. 1 - 134, 135…; para. [0035], [0048], [0052] - as discussed, the defocusing zones have 0.25mm width and there can be up to 20 (half the total zones of 40), thus such 4th and 5th zones can be chosen to be positioned at least 3.75mm and 4.5mm from center).
As to claim 9, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 8, and Lam further teaches said fourth myopic defocus zone has an ADD power of at least 5D (Lam para. [0044], [0045], Table 1).
As to claim 10, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Lam further teaches said fifth myopic defocus zone has an ADD power of at least 6D (Lam para. [0044], [0045], Table 1).
As to claim 11, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 6, and Lam further teaches each of the myopic defocus zones in the central and peripheral optic zones comprises a circumferential annular zone of the optic zone that is radially spaced from the lens center (Lam Fig. 1 - 131…137), each annular zone having an inner radius and an outer radius (Lam Fig. 1 - 131…137), such that light passing through each annular zone forms a myopic defocus as a ring focus around the optical axis rather than as a point focus on the optical axis (Lam Fig. 5 - 51, 54, 57; para. [0062]).
As to claim 13, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Lam further teaches the at least one myopic defocus zone in the central optic zone has an ADD power of at least 3D (Lam Fig. 1; para. [0044], [0045], [0054], Table 1).
As to claim 14, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 13, and Lam further teaches the at least two myopic defocus zones positioned in the peripheral optic zone are located at radial distances of at least 2.56mm and 3.22mm respectively from lens center (Lam Fig. 1 - 132, 133…; para. [0052], [0035], [0048]).
As to claim 15, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 14, and Lam further teaches the at least two myopic defocus zones in the peripheral optic zone have ADD powers of about 8D and 9.8D respectively (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045] - stepwise increment being as high as 1.5D with the first defocus zone (131) having an ADD up to of 4.0D, as such the values of 8 and 9.8D are included in the ADD ranges discussed by Lam (MPEP 2131.01)).
As to claim 16, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 15, and Lam further teaches at least two additional myopic defocus zone positioned in the peripheral optic zone (Lam Fig. 1 - 134, 135…; para. [0035], [0048]).
As to claim 17, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Lam further teaches a fourth myopic defocus zone of the at least two additional myopic defocus zones is positioned at a radial distance of at least 3.87mm from lens center, and a fifth myopic defocus zone of the at least two additional myopic defocus zones is positioned at a radial distance of at least 4.53mm from lens center (Lam Fig. 1 - 134, 135…; para. [0035], [0048], [0052] - as discussed, the defocusing zones have 0.25mm width and there can be up to 20 (half the total zones of 40), thus such 4th and 5th zones can be chosen to be positioned at least 3.87mm and 4.53mm from center).
As to claim 18, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 17, and Lam further teaches wherein said fourth and fifth myopic defocus zones have and ADD power of at least 12D (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045] - stepwise increment being as high as 1.5D with the first defocus zone (131) having an ADD up to of 4.0D, as such the value of 12D is included in the ADD ranges discussed by Lam (MPEP 2131.01)).
As to claim 19, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 18, and Lam further teaches a sixth myopic defocus zone positioned at least partially within the central optic zone (Lam Fig. 1 - 132, 133…).
As to claim 20, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 19, and Lam further teaches the sixth myopic defocus zone positioned at least partially within the central optic zone is positioned at a radial distance of at least 1.91mm from lens center and has an ADD power of at least 5.9D (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045], [0048], [0052]).
As to claim 21, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lam further teaches each of the myopic defocus zones in the central and peripheral optic zones comprises a circumferential annular zone of the optic zone that is radially spaced from the lens center (Lam Fig. 1 - 131…137), each annular zone having an inner radius and an outer radius (Lam Fig. 1 - 131…137), such that light passing through each annular zone forms a myopic defocus as a ring focus around the optical axis rather than as a point focus on the optical axis (Lam Fig. 5 - 51, 54, 57; para. [0062]).
As to claim 22, Lam teaches an ophthalmic lens for at least one of slowing or preventing the progression of myopia (Lam Fig. 1; para. [0002]), comprising
a lens center (Lam Fig. 1 - 120), and a shape defined by a lens outer peripheral edge (Lam Fig. 1 - 1);
an optic zone surrounding said lens center and having an optic zone outer periphery (Lam Fig. 1 - 120, 121,…127; 131, 132,…137), the optic zone further comprising a central optic zone surrounding the lens center and defined by a central optic zone radius (Lam Fig. 1 - 120, 121,…; 131, 132…) and a peripheral zone surrounding the central optic zone and extending to the optic zone outer periphery (Lam Fig. 1 - 120, 121,…; 131, 132…);
a plurality of myopic defocus zones (Lam Fig. 1 - 131…137) positioned at predetermined radial distances from the lens center (Lam Fig. 1 - 131, 132…137; para. [0052]), and each introducing a predetermined ADD power (Lam Fig. 1 - 15, 16; para. [0044], [0054]-[0056]),
wherein a first myopic defocus zone and a second myopic defocus zone, each positioned in the peripheral optic zone and each has a larger ADD power than a third myopic defocus zone positioned within the central optic zone (Lam Fig. 1 - 132, 133…; para. [0034], [0035], [0044], [0045], [0048]).
Lam doesn’t specify a variable toric power profile in the peripheral optic zone comprising different curvatures along sagittal and tangential orientations and varying radially from the lens center outward across at least a portion of the peripheral optic zone according to a predetermined toric power profile being configured to induce a predetermined peripheral blur orientation at a retinal plane of a wearer.
In the same field of endeavor Bakaraju teaches myopia progression ophthalmic lenses having a variable toric power profile in the peripheral optic zone (Bakaraju Fig. 5; para. [0155]-[0156]; Figs. 11,12, 13) comprising different curvatures along sagittal and tangential orientations and varying radially from the lens center outward across at least a portion of the peripheral optic zone according to a predetermined toric power profile (Bakaraju Fig. 5 - 501, 502, 503, 504; Fig. 11 - 1101, 1102, 1103, 1104; Fig. 12 - 1201, 1202, 1203, 1204; Fig. 13 - 1301, 1302, 1303, 1304) being configured to induce a predetermined peripheral blur orientation at a retinal plane of a wearer (Bakaraju Fig. 8; Fig. 9; Fig. 17; Fig. 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such variable toric power since, as taught by Bakaraju, such toric powers allow for providing directional cues to provide a blur at various retinal regions to decelerate myopia progression (Bakaraju para. [0069]).
As to claim 23, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 22, and Lam further teaches the central optic zone radius is between 4 and 5mm (Lam Fig. 1 - 120, 121…; 131, 132…; para. [0035], [0048], [0052]).
As to claim 24, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 22, and Lam further teaches the third myopic defocus zone positioned within the central optic zone is located at a radial distance greater than 1.2mm from lens center (Lam Fig. 1 - 131, 132…; para. [0052], [0035], [0048]).
As to claim 25, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 24, and Lam further teaches the third myopic defocus zone in the central optic zone has an ADD power of at least 1.5D (Lam para. [0054])
As to claim 26, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 25, and Lam further teaches the first and second myopic defocus zones positioned in the peripheral optic zone are located at radial distances of about 2.5mm and 3.0mm respectively from lens center (Lam para. [0052], [0035], [0048]).
As to claim 27, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 26, and Lam further teaches the first and second myopic defocus zones in the peripheral optic zone have ADD powers of about 3.0 and 4.0 respectively (Lam para. [0044], [0045]).
As to claim 28, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 27, and Lam further teaches a fourth and a fifth myopic defocus zone positioned in the peripheral optic zone (Lam Fig. 1 - 134, 135…; para. [0035], [0048]).
As to claim 29, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 28, and Lam further teaches said fourth myopic defocus zone is positioned at a radial distance of at least 3.75mm from lens center, and said fifth myopic defocus zone is positioned at a radial distance of at least 4.5mm from lens center (Lam Fig. 1 - 134, 135…; para. [0035], [0048], [0052] - as discussed, the defocusing zones have 0.25mm width and there can be up to 20 (half the total zones of 40), thus such 4th and 5th zones can be chosen to be positioned at least 3.75mm and 4.5mm from center).
As to claim 30, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 29, and Lam further teaches said fourth myopic defocus zone has an ADD power of at least 5D (Lam para. [0044], [0045], Table 1).
As to claim 31, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 30, and Lam further teaches said fifth myopic defocus zone has an ADD power of at least 6D (Lam para. [0044], [0045], Table 1).
As to claim 32, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 22, and Lam further teaches each of the myopic defocus zones in the central and peripheral optic zones comprises a circumferential annular zone of the optic zone that is radially spaced from the lens center (Lam Fig. 1 - 131…137), each annular zone having an inner radius and an outer radius (Lam Fig. 1 - 131…137), such that light passing through each annular zone forms a myopic defocus as a ring focus around the optical axis rather than as a point focus on the optical axis (Lam Fig. 5 - 51, 54, 57; para. [0062]).
As to claim 33, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 32, and Lam further teaches the at least one myopic defocus zone positioned within the central optic zone is located at a radial distance of greater than 1.2mm from lens center (Lam Fig. 1 - 131, 132…; para. [0052], [0035], [0048]).
As to claim 34, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 33, and Lam further teaches the third one myopic defocus zone in the central optic zone has an ADD power of at least 3D (Lam Fig. 1; para. [0044], [0045], [0054], Table 1).
As to claim 35, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 34, and Lam further teaches the at least first and second myopic defocus zones positioned in the peripheral optic zone are located at radial distances of at least 2.56mm and 3.22mm respectively from lens center (Lam Fig. 1 - 132, 133…; para. [0052], [0035], [0048]).
As to claim 36, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 35, and Lam further teaches the first and second myopic defocus zones in the peripheral optic zone have ADD powers of about 8D and 9.8D respectively (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045] - stepwise increment being as high as 1.5D with the first defocus zone (131) having an ADD up to of 4.0D, as such the values of 8 and 9.8D are included in the ADD ranges discussed by Lam (MPEP 2131.01)).
As to claim 37, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 36, and Lam further teaches a fourth and a fifth myopic defocus zone positioned in the peripheral optic zone (Lam Fig. 1 - 134, 135…; para. [0035], [0048]).
As to claim 38, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 37, and Lam further teaches said fourth myopic defocus zone is positioned at a radial distance of at least 3.87mm from lens center, and said fifth myopic defocus zone is positioned at a radial distance of at least 4.53mm from lens center (Lam Fig. 1 - 134, 135…; para. [0035], [0048], [0052]).
As to claim 39, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 38, and Lam further teaches wherein said fourth and fifth myopic defocus zones have and ADD power of at least 12D (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045] - stepwise increment being as high as 1.5D with the first defocus zone (131) having an ADD up to of 4.0D, as such the value of 12D is included in the ADD ranges discussed by Lam (MPEP 2131.01)).
As to claim 40, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 39, and Lam further teaches a second myopic defocus zone positioned at least partially within the central optic zone (Lam Fig. 1 - 132, 133…).
As to claim 41, Lam in view of Bakaraju teaches all the limitations of the instant invention as detailed above with respect to claim 40, and Lam further teaches a sixth myopic defocus zone positioned at least partially within the central optic zone is positioned at a radial distance of at least 1.91mm from lens center and has an ADD power of at least 5.9D (Lam Fig. 1 - 132, 133…; para. [0035], [0044], [0045], [0048], [0052]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Bakaraju (US 12,265,284) is cited as the US Pat. of Bakaraju cited above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 September 24, 2026
