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 .
Status of Claims
This action is in reply to the communications filed on 6/2/2026.
The Examiner notes claims 1-16 are currently pending and have been examined. Claim 15 is withdrawn due to the Applicant’s Election of Claims 1-14 & 16 in the Response to Restriction Requirement submitted 6/2/2026.
Election/Restrictions
Claims 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being
drawn to a nonelected positioning device with optical sensor (Group 2), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/2/2026.
Claim Rejections - 35 USC § 102
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.
And/or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 11-14, & 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Divo et al. (US 20070146687), hereinafter Divo.
Regarding claim 1. Divo discloses a method comprising:
- detecting, using an optical sensor [Fig 2; C is an optical sensor], at least one intrinsic optical feature of a lens member to be positioned on a manufacturing apparatus configured to apply an optical lens manufacturing operation to said lens member [Fig 1-2; Abstract, ¶92, & ¶193-¶196; the measuring elements, including C, detect the center and optical deflection power (i.e. intrinsic optical features) of the lens that is to be positioned on a manufacturing apparatus]; and
- determining, using a processing unit [Fig 1; Abstract & ¶97; “an electronic and computer system” is a processing unit], the position or orientation of the lens member in a framework of the manufacturing apparatus based on said at least one intrinsic optical feature [Fig 1-2; Abstract, ¶92, ¶123, & ¶198; the processing unit determines and displays the center (i.e. position/orientation) of the lens in a framework based on its intrinsic optical feature].
Regarding claim 2. Divo discloses the method of claim 1, further comprising: - providing a desired position or orientation of the lens member in the framework of the manufacturing apparatus [Abstract, ¶125-¶129, & ¶198-¶199; the corrected shape is a desired position or orientation which is provided by the processing unit]; - estimating a difference between the desired position and the determined position of the lens member or between the desired orientation and the determined orientation of the lens member [¶145-¶152, ¶198-¶199, & ¶201; the corrected shape is determined and displayed in comparison to the determined position of the lens]; and - adjusting the position or orientation of the lens member on the manufacturing apparatus by moving the lens member translationally from the determined position or rotationally from the determined orientation of the lens member in order to compensate said difference [¶160-¶162 & ¶203; the lens is moved to the corrected position].
Regarding claim 3. Divo discloses the method of claim 2, further comprising blocking the lens member on the manufacturing apparatus in the adjusted position or orientation by using blocking means [¶6-8 & ¶207; the lens is blocked by placing a handling peg at the corrected center point].
Regarding claim 4. The method of claim 1, wherein the position of the lens member in the framework of the manufacturing apparatus is characterized by the location of a reference positioning point in the framework of the manufacturing apparatus [Fig 1; ¶181; the centering and blocking device (100) has a framework in which the lens is held and the positioning points of the lens are determined and corrected].
Regarding claim 5. Divo discloses the method of claim 4, said at least one intrinsic optical feature including a curvature distribution [¶18; the lens’ shadow/image from the light passing through creates an image that can determine the positive, negative, lateral, & toroidal power (i.e. curvature distribution) of the lens], wherein the curvature distribution is detected by acquiring, using an image sensor, an image of the lens member [Fig 1-2; ¶18 & ¶92; the camera/optical sensor acquires an image of the lens], and wherein the position of the lens member in the framework of the manufacturing apparatus is determined as follows: - providing a theoretical surface characterized by a desired curvature distribution and a location of the reference positioning point on said theoretical surface [Fig 1-3; ¶117; 124 provides a theoretical surface with a desired curvature distribution and a reference positioning point (124B) on the theoretical surface]; - applying a curvature mapping function to the acquired image by the processing unit to generate a map of the curvature distribution of the lens member [Fig 1-2; ¶18, ¶92-¶97, & ¶121; the processing unit acquires and stores the shadow or image with the curvature mapping function (the projected image of 124 through the lens) of the lens in a framework]; and - comparing the desired curvature distribution and the generated map of the curvature distribution of the lens member to determine, based on the location of the reference positioning point on the theoretical surface, the location of the reference positioning point of the lens member in the framework of the manufacturing apparatus [¶125-¶129; based on the desired curvature distribution and generated map of the lens the corrected position of the mark (i.e. location of the reference positioning point) of the lens is determined].
Regarding claim 6. Divo discloses the method of one of the previous claimsclaim1, said at least one intrinsic optical feature including several distinct characteristics forming a pattern, wherein said distinct characteristics are detected by acquiring, using an image sensor, an image of said lens member, and wherein the position or orientation of the lens member in the framework of the manufacturing apparatus is determined as follows: - processing, using the processing unit, the acquired image to find the location of a plurality of distinct characteristics; and - deducing therefrom the position or orientation of the lens member in the framework of the manufacturing apparatus [Claim 6 is rejected for the same reasons as claim 5].
7. Divo discloses the method of claim 6, wherein the processing of the acquired image comprises the positioning of a predetermined geometrical figure on the acquired image so that said predetermined geometrical figure passes through the plurality of found distinct characteristics, and wherein the position or orientation of the lens member in the framework of the manufacturing apparatus is deduced respectively from the position or orientation of said geometrical figure on the processed image [Claim 7 is rejected for the same reasons as claim 5].
Regarding claim 8. Divo discloses the method of one claim 1, said at least one intrinsic optical feature being a rotation variant of the lens member, wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined on the basis of said rotation variant [¶183-¶184; the lens can be rotated based on the intrinsic optical feature of the determined position versus the corrected position].
Regarding claim 11. Divo discloses the method of claim 8,said at least one intrinsic optical feature including a cylinder axis, wherein the cylinder axis is detected as follows: - placing a pattern image in front of the lens member; - acquiring , using an image sensor, a refracted image of the pattern image through the lens member; and - deducing therefrom the cylinder axis of the lens member by comparing the pattern image before refraction with the refracted image of said pattern image; wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined on the basis of the cylinder axis [Fig 1-3; ¶18 & ¶170; the centering and blocking device has a pattern (124A & 124B), acquires an image of the pattern refracted through the lens, then determine the cylinder axis of the lens by comparing the pattern and the refraction].
Regarding claim 12. Divo discloses the method of claim1, wherein the lens member comprises at least one optical element, said at least one intrinsic optical feature including an optical function of said at least one optical element for preventing focusing on the retina of an eye of a wearer under standard wearing conditions, so as to reduce the progression of an abnormal refraction of the eye, wherein said optical function is detected by acquiring, using an image sensor, an image of said lens member, and wherein the position or orientation of the lens member in the framework of the manufacturing apparatus is determined as follows: - processing, using the processing unit, the acquired image to find the location of the at least one optical element [Fig 1; ¶121]; and - deducing therefrom the position or orientation of the lens member in the framework of the manufacturing apparatus [¶18, ¶59-¶62, & ¶183; the optical power (i.e. an optical function of said at least one optical element for preventing focusing on the retina of an eye of a wearer under standard wearing conditions) is determined and the position in the device is deduced].
13. Divo discloses a manufacturing process of an optical lens from a lens member comprising one or more optical lens manufacturing operations implemented using at least one manufacturing apparatus, wherein at least one optical lens manufacturing operation is performed using the method of claim 1 [Fig 1-2; ¶15, ¶91-¶92 & ¶161; the device can perform the method of claim 1 and place a peg on the determined location with is at least one manufacturing process].
Regarding claim 14. Divo a non-transitory computer-readable medium on which is stored a computer program comprising instructions for implementing the method of one of claim 1, when said instructions are executed by at least one processor [Fig 1; ¶16, ¶100, & ¶121; the electronic and computer system includes processors for executing computer programs that include the method of claim 1].
Regarding claim 16. Divo discloses a non-transitory computer-readable medium on which is stored a computer program comprising instructions for implementing the manufacturing process of claim 13, when said instructions are executed by at least one processor [Claim 16 is rejected for the same reasons as claim 14].
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Divo in view of LEMAIRE et al. (US 20180195931), hereinafter Lemaire.
Regarding claim 9. Divo discloses the method of claim 8, but may not explicitly disclose said at least one intrinsic optical feature including a polarization axis, wherein the polarization axis is detected as follows: - determining a polarization of a light ray incident on the lens member; - determining a polarization of said light ray after refraction by the lens member; and - deducing therefrom the polarization axis of the lens member by comparing the polarization of said light ray before and after refraction; wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined on the basis of the polarization axis .
However Lemaire teaches a method of detecting intrinsic optical features [Fig 1; Abstract], said at least one intrinsic optical feature including a polarization axis, wherein the polarization axis is detected as follows: - determining a polarization of a light ray incident on the lens member; - determining a polarization of said light ray after refraction by the lens member; and - deducing therefrom the polarization axis of the lens member by comparing the polarization of said light ray before and after refraction; wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined on the basis of the polarization axis [Fig 1-3; Abstract, ¶10-¶14, ¶34, & ¶41; the device can through the light introduced onto the lens by 120 (i.e. polarization of a light ray) determine the direction of the light passing through the lens on the pattern and the change in the image after passing through the lens (i.e. after refraction), then determine the polarization axis of the lens].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed by Divo to include said at least one intrinsic optical feature including a polarization axis, wherein the polarization axis is detected as follows: - determining a polarization of a light ray incident on the lens member; - determining a polarization of said light ray after refraction by the lens member; and - deducing therefrom the polarization axis of the lens member by comparing the polarization of said light ray before and after refraction; wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined on the basis of the polarization axis as taught by Lemaire for the purpose of measuring another intrinsic feature of the lens to further increase the lens production quality and decrease the cost and time of manufacturing [Lemaire: ¶6 & ¶14-¶18].
Regarding claim 10. Divo discloses the method of claims 8, but may not explicitly disclose said at least one intrinsic optical feature including a tint gradient, wherein the tint gradient is detected by acquiring, using an image sensor, an image of a surface of said lens member, and wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined as follows: - providing a predetermined function of variation of the tint on said surface of the lens member; - processing the acquired image to calculate a function characterizing the variation of the tint on said surface of the lens member; and - deducing therefrom the orientation of the lens member in the framework of the manufacturing apparatus by comparing the calculated function with the predetermined function.
However Lemaire further teaches said at least one intrinsic optical feature including a tint gradient, wherein the tint gradient is detected by acquiring, using an image sensor, an image of a surface of said lens member, and wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined as follows: - providing a predetermined function of variation of the tint on said surface of the lens member; - processing the acquired image to calculate a function characterizing the variation of the tint on said surface of the lens member; and - deducing therefrom the orientation of the lens member in the framework of the manufacturing apparatus by comparing the calculated function with the predetermined function [Fig 1; ¶132, ¶135, ¶179 & ¶183 & ¶219; the lens has a predetermined direction for the tint gradient, the captured image is analyzed to determine the direction of the tint gradient, and then the actual direction is compared to the predetermined direction of the gradient].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method as disclosed by Divo to include said at least one intrinsic optical feature including a tint gradient, wherein the tint gradient is detected by acquiring, using an image sensor, an image of a surface of said lens member, and wherein the orientation of the lens member in the framework of the manufacturing apparatus is determined as follows: - providing a predetermined function of variation of the tint on said surface of the lens member; - processing the acquired image to calculate a function characterizing the variation of the tint on said surface of the lens member; and - deducing therefrom the orientation of the lens member in the framework of the manufacturing apparatus by comparing the calculated function with the predetermined function as taught by Lemaire for the purpose of measuring another intrinsic feature of the lens to further increase the lens production quality and decrease the cost and time of manufacturing [Lemaire: ¶6 & ¶14-¶18]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 EST].
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/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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