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 .
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.
Claim(s) 1, 3-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weeber et al. U.S. Publication 2013/0090730 A1.
Regarding Claim 1, Weeber et al. discloses an ophthalmic lens 100, comprising: a lens body 102 having an anterior surface 114 and a posterior surface 116 disposed about an optical axis OA; and a progressive phase step structure 130 formed on a refractive surface profile of at least one of the anterior surface or the posterior surface (as seen in Figures 3-4), the at least one of the anterior surface or the posterior surface having an outer zone 124, an inner zone 106, and a transition zone 126 continuously connecting the outer zone and the inner zone (as seen in Figure 5), wherein: the refractive surface profile in the outer zone provides a base power (paragraph [0021]); the refractive surface profile in the inner zone provides an add power in the inner zone (; and the progressive phase step structure comprises: a first annular ridge structure within the inner zone; and a second annular ridge structure extending radially from the transition zone to the outer zone (as seen in Figure 5).
Regarding Claim 3, Weeber et al. discloses wherein: the transition zone 126 comprises a first sub-zone and a second sub-zone encircling the first sub-zone (paragraph [0033]); and a radius of curvature of the refractive surface profile in the first sub-zone is greater than a radius of curvature of the refractive surface profile in the second sub-zone (paragraph [0033]).
Regarding Claim 4, Weeber et al. discloses the first annular ridge structure increases in height radially from a first radial distance from the optical axis to a second radial distance from the optical axis (as seen in Figures 4-5), and decreases in height radially from a third radial distance from the optical axis OA to a fourth radial distance (as seen in Figure 4), the fourth radial distance is less than a fifth radial distance from the optical axis at a boundary between the inner zone and the transition zone (as seen in Figure 4).
Regarding Claim 5, Weeber et al. discloses wherein: the second annular ridge structure increases in height radially from a sixth radial distance from the optical axis to a seventh radial distance from the optical axis, and decreases in height radially from an eighth radial distance from the optical axis to a ninth radial distance from the optical axis, the sixth radial distance is at a boundary between the first sub-zone and the second sub-zone; the seventh radial distance is at a boundary between the transition zone and the outer zone (as seen in Figure 4 and 5).
Regarding Claim 6, Weeber et al. discloses wherein the lens body comprises a hydrophobic acrylic polymeric material (paragraph [0047]).
Regarding Claim 7, Weeber et al. discloses further comprising one or more haptics coupled to the lens body (paragraph [0047]).
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.
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.
Claim(s) 2 and 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weeber et al. U.S. Publication 2013/0090730 A1 in view of Faria Ribeiro et al. U.S. Publication 2022/0287825 A1.
Regarding Claim 2, 8, Weeber et al. discloses Weeber et al. discloses an ophthalmic lens 100, comprising: a lens body 102 having an anterior surface 114 and a posterior surface 116 disposed about an optical axis OA; a progressive phase step structure 130 formed on a refractive surface profile of at least one of the anterior surface or the posterior surface (as seen in Figures 3-4). However, Weeber et al. does not expressly disclose wherein: the refractive surface profile and the progressive phase step structure are formed such as to provide continuous vision having a visual acuity of better than 0.2 logMAR in a defocus range between 0 Diopter and -2.2 Diopter. Faria Ribeiro et la. Teaches an IOL with a base power profile and a second ridge profile have one or more zones (forming said transition region, see abstract and paragraphs [0060], [0063]) creating a refractive surface profile for the purpose of providing continuous vision with a visual acuity better than 0.2 logMAR in a defocus range of between 0 Diopter to -2.2 Diopter (see paragraph [0105] and Figure 5C) to provide a vision treatment that would prevent dysphotopsia effects (paragraph [0060], [0063]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Weeber’s refractive surface profile to provide a continuous vision with a visual acuity better than 0.2 log MAR in a defocus rage between 0 to -2.2 Diopter as taught by Faria Ribeiro et al. to provide a vision treatment that would prevent dysphotopsia effects.
Regarding Claim 9, Weeber et al. discloses at least one of the anterior surface or the posterior surface comprising an outer zone 124, in which the refractive surface profile provides a base power (paragraph [0021]); an inner zone 106, in which the refractive surface profile provides an add power (paragraph [0021]), and a transition zone 126 continuously connecting the outer zone and the inner zone (as seen in Figure 5), and the progressive phase step structure comprises: a first annular ridge structure within the inner zone; and a second annular ridge structure extending radially from the transition zone to the outer zone (as seen in Figure 5).
Regarding Claim 10, Weeber et al. discloses wherein: the transition zone 126 comprises a first sub-zone and a second sub-zone encircling the first sub-zone (paragraph [0033]); and a radius of curvature of the refractive surface profile in the first sub-zone is greater than a radius of curvature of the refractive surface profile in the second sub-zone (paragraph [0033]).
Regarding Claim 11, Weeber et al. discloses the first annular ridge structure increases in height radially from a first radial distance from the optical axis to a second radial distance from the optical axis (as seen in Figures 4-5), and decreases in height radially from a third radial distance from the optical axis OA to a fourth radial distance (as seen in Figure 4), the fourth radial distance is less than a fifth radial distance from the optical axis at a boundary between the inner zone and the transition zone (as seen in Figure 4).
Regarding Claim 12, Weeber et al. discloses wherein: the second annular ridge structure increases in height radially from a sixth radial distance from the optical axis to a seventh radial distance from the optical axis, and decreases in height radially from an eighth radial distance from the optical axis to a ninth radial distance from the optical axis, the sixth radial distance is at a boundary between the first sub-zone and the second sub-zone; the seventh radial distance is at a boundary between the transition zone and the outer zone (as seen in Figure 4 and 5).
Regarding Claim 13, Weeber et al. discloses wherein the lens body comprises a hydrophobic acrylic polymeric material (paragraph [0047]).
Regarding Claim 14, Weeber et al. discloses further comprising one or more haptics coupled to the lens body (paragraph [0047]).
Regarding Claim 15, Weeber et al. discloses an ophthalmic lens 100, comprising: a lens body 102 having an anterior surface 114 and a posterior surface 116 disposed about an optical axis OA; and a progressive phase step structure 130 formed on a refractive surface profile of at least one of the anterior surface or the posterior surface (as seen in Figures 3-4), the at least one of the anterior surface or the posterior surface having an outer zone 124, an inner zone 106, and a transition zone 126 continuously connecting the outer zone and the inner zone (as seen in Figure 5), wherein: the refractive surface profile in the outer zone provides a base power (paragraph [0021]); the refractive surface profile in the inner zone provides an add power in the inner zone (; and the progressive phase step structure comprises: a first annular ridge structure within the inner zone; and a second annular ridge structure extending radially from the transition zone to the outer zone (as seen in Figure 5). However, Weeber et al. does not expressly disclose wherein: the refractive surface profile and the progressive phase step structure are formed such as to provide continuous vision having a visual acuity of better than 0.2 logMAR in a defocus range between 0 Diopter and -2.2 Diopter. Faria Ribeiro et la. Teaches an IOL with a base power profile and a second ridge profile have one or more zones (forming said transition region, see abstract and paragraphs [0060], [0063]) creating a refractive surface profile for the purpose of providing continuous vision with a visual acuity better than 0.2 logMAR in a defocus range of between 0 Diopter to -2.2 Diopter (see paragraph [0105] and Figure 5C) to provide a vision treatment that would prevent dysphotopsia effects (paragraph [0060], [0063]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Weeber’s refractive surface profile to provide a continuous vision with a visual acuity better than 0.2 log MAR in a defocus rage between 0 to -2.2 Diopter as taught by Faria Ribeiro et al. to provide a vision treatment that would prevent dysphotopsia effects.
Regarding Claim 16, Weeber et al. discloses wherein: the transition zone 126 comprises a first sub-zone and a second sub-zone encircling the first sub-zone (paragraph [0033]); and a radius of curvature of the refractive surface profile in the first sub-zone is greater than a radius of curvature of the refractive surface profile in the second sub-zone (paragraph [0033]).
Regarding Claim 17, Weeber et al. discloses the first annular ridge structure increases in height radially from a first radial distance from the optical axis to a second radial distance from the optical axis (as seen in Figures 4-5), and decreases in height radially from a third radial distance from the optical axis OA to a fourth radial distance (as seen in Figure 4), the fourth radial distance is less than a fifth radial distance from the optical axis at a boundary between the inner zone and the transition zone (as seen in Figure 4).
Regarding Claim 18, Weeber et al. discloses wherein: the second annular ridge structure increases in height radially from a sixth radial distance from the optical axis to a seventh radial distance from the optical axis, and decreases in height radially from an eighth radial distance from the optical axis to a ninth radial distance from the optical axis, the sixth radial distance is at a boundary between the first sub-zone and the second sub-zone; the seventh radial distance is at a boundary between the transition zone and the outer zone (as seen in Figure 4 and 5).
Regarding Claim 19, Weeber et al. discloses wherein the lens body comprises a hydrophobic acrylic polymeric material (paragraph [0047]).
Regarding Claim 20, Weeber et al. discloses further comprising one or more haptics coupled to the lens body (paragraph [0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEEMA MATHEW whose telephone number is (571) 270-1452. The examiner can normally be reached on Monday-Friday 9 am – 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, SPE, Melanie Tyson at (571) 272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SEEMA MATHEW/
Primary Examiner, Art Unit 3774
Prosecution Insights