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 . This office action is in response to a reply filed 3/20/2026.
Notice of Pre-AIA or AIA Status
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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election of invention II (claims 3-10) without traverse in the reply filed on 3/20/2026 is acknowledged, Claims 1-2 are withdrawn as being drawn to a non-elected invention and claims 3-10 are examined herein.
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.
Claims 3-5 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Coppa (US20190235282).
Regarding claim 3, Coppa teaches a high-contrast lens (see figs.1A-36B, abstract, “Certain embodiments disclosed herein include lenses for eyewear with a molded wafer and a molded clear resin lens component integrated onto a surface of the molded wafer. The molded wafer can include an optical filter that enhances one or more properties of filtered light. The optical filter can be, for example, a contrast-enhancing, color-enhancing, and/or chroma-enhancing filter. The clear resin lens component can be shaped such that the lenses have optical power. In some embodiments, the molded wafer is integrated onto a surface of a polarizing wafer”), characterized in that the high-contrast lens has a characteristic transmission spectrum within a wavelength range between 380 nm and 780 nm (paragraph [0090] “The lenses 102a and 102b can substantially attenuate light in the visible spectral region. However, the light need not be attenuated uniformly or even generally evenly across the visible spectrum. Instead, the light that is attenuated can be tailored to achieve a specific chroma-enhancing profile or another goal. The lenses 102a and 102b can be configured to attenuate light in spectral bands that are selected such that the scene receives one or more of the improvements or characteristics disclosed herein. Such improvements or characteristics can be selected to benefit the wearer during one or more particular activities or in one or more specific environment”; thus, this is the well-known “the visible spectral region” has a characteristic transmission spectrum within a wavelength range between 380 nm and 780 nm), and the characteristic transmission spectrum has:
a first transmission trough, wherein a first wavelength position corresponding to a bottom of the first transmission trough is between 490 nm and 500 nm (see annotated image, Coppa, fig.34A, the first transmission trough, wherein the first wavelength position corresponding to a bottom of the first transmission trough is between about 435 nm and 500 nm, which is an overlapping range of sufficient specificity to anticipate the range between 490 nm and 500 nm (MPEP 2131.03)), and the first transmission trough has a first minimum transmission rate of not greater than 30% (see annotated image, Coppa, fig.34A, the first transmission trough has a first minimum transmission rate is approximately 1%);
a second transmission trough (see annotated image, Coppa, fig.34A, the second transmission trough), wherein a second wavelength position corresponding to a bottom of the second transmission trough is between 592 nm and 598 nm (see annotated image, Coppa, fig.34A, the second wavelength position corresponding to a bottom of the second transmission trough is between about 535 nm and 595 nm, which is an overlapping range of sufficient specificity to anticipate the range between 592 nm and 598 nm (MPEP 2131.03), and the second transmission trough has a second minimum transmission rate of not greater than 30% (see annotated image, Coppa, fig.34A, the second transmission trough has a second minimum transmission rate is approximately 5%); and
a third transmission trough, wherein a third wavelength position corresponding to a bottom of the third transmission trough is between 680 nm and 688 nm (see annotated image, Coppa, fig.34A, the third transmission trough, wherein a third wavelength position corresponding to a bottom of the third transmission trough is between about 630 nm and 680 nm, which is an overlapping range of sufficient specificity to anticipate the range between 680 nm and 688 nm (MPEP 2131.03), and the third transmission trough has a third minimum transmission rate of not less than 15% (see annotated image, Coppa, fig.34A, the third transmission trough has a third minimum transmission rate is approximately 30%);
wherein the third minimum transmission rate (30%) is greater than the first minimum transmission rate (1%), and a difference between the third minimum transmission rate and the first minimum transmission rate is not less than 15% (see described above, thus, it is approximately 30%).
Although, Coppa does not explicitly disclose cover all of wavelength positions as described above, however, see Coppa’s fig.14, paragraph [0186] “In some embodiments, an optical filter has absorptance peaks in each of four spectral bands”, which including absorptance wavelength 490nm, 550nm, 592nm, 680nm; thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lens of Coppa as taught by Coppa’s fig.14 for a purpose of to improve this quality because increases in chroma are generally associated with higher color contrast. Furthermore, the emphasis and de-emphasis of specific colors can further improve Dynamic Visual Acuity (Coppa, paragraph [0192]).(---further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. See MPEP § 2144.05 Section II, Subsection A, citing In re Aller,105 USPQ 233 (C.C.P.A. 1955)).
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Regarding claim 4, Coppa discloses the invention as described in Claim 3, Coppa does not explicitly disclose wherein the lens having the characteristic transmission spectrum further has a color gamut extension of between 25% and 35%; wherein the color gamut extension of the lens is obtained by: irradiating the lens having the characteristic transmission spectrum with a CIE standard illuminant D65 and calculating a first color gamut area; then dividing the first color gamut area by a second color gamut area, which is calculated from a colorless transparent lens under the irradiation of the CIE standard illuminant D65, to obtain a resulting ratio expressed as percentage; and then subtracting the resulting ratio by 100%
However, see Coppa, paragraphs [0108] “As used herein, luminous transmittance can be measured with respect to a standard daylight illuminant, such as CIE illuminant D65. In various embodiments, the first luminance transmittance can be greater than or equal to the second luminance transmittanc”; and described in paragraphs [0165], figs.1-30, “Chroma or C* can be then be calculated by further conversion from CIE L*a*b* to CIE L*C*h* using Eq. 4:”), further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. See MPEP § 2144.05 Section II, Subsection A, citing In re Aller,105 USPQ 233 (C.C.P.A. 1955)); thus, Coppa is capable of having the lens having the characteristic transmission spectrum further has a color gamut extension of between 25% and 35%; wherein the color gamut extension of the lens is obtained by: irradiating the lens having the characteristic transmission spectrum with a CIE standard illuminant D65 and calculating a first color gamut area; then dividing the first color gamut area by a second color gamut area, which is calculated from a colorless transparent lens under the irradiation of the CIE standard illuminant D65, to obtain a resulting ratio expressed as percentage; and then subtracting the resulting ratio by 100%).
It would have been obvious to one of ordinary skill in the art to provide a C* value as taught by Coppa, such values allow for increase colorfulness (paragraph [0073]).
(note: the limitations of “calculating a first color gamut area” in the claim is product by process limitations, and don’t impart any requirement on the product itself other than what is already structurally claimed, See MPEP 2173.05(p) sec. II)
Regarding claim 5, Coppa discloses the invention as described in Claim 4 and Coppa further teaches wherein, on a-b axes of a CIE LAB color space, the lens having the characteristic transmission spectrum exhibits a color gamut that extends at least 5 numerical points greater than a maximum convex point value of the colorless transparent lens on either the +a axis or +b axis (see claim 4, this claim recites similar limitations as those in corresponding claim 4 and is rejected based on the same teachings and rationale).
Regarding claim 8, Coppa discloses the invention as described in Claim 3 and Coppa further teaches wherein a first half-trough full width of the first transmission trough is not greater than 65 nm, a second half-trough full width of the second transmission trough is not greater than 50 nm, and a third half-trough full width of the third transmission trough is not greater than 65 nm; wherein the second half-trough full width is 25% to 75% of the first half-trough full width (see annotated image, Coppa, fig.34A, a first half-trough full width of the first transmission trough is not greater than 65 nm, a second half-trough full width of the second transmission trough is not greater than 50 nm, and a third half-trough full width of the third transmission trough is not greater than 65 nm; wherein the second half-trough full width is 25% to 75% of the first half-trough full width).
Regarding claim 9, Coppa discloses the invention as described in Claim 3 and Coppa further teaches wherein a composition of the lens includes a first narrow-band dye, a second narrow-band dye, and a third narrow-band dye (see fig. 14, having a composition of the lens includes a first narrow-band dye, a second narrow-band dye, and a third narrow-band dye); wherein the first narrow-band dye has a first peak absorption wavelength in a first spectral band of between 490 nm and 500 nm (see fig.14, between about 460 nm and 500 nm), the second narrow-band dye has a second peak absorption wavelength in a second spectral band of between 592 nm and 598 nm (see fig.14, between about 540nm and 600 nm), and the third narrow-band dye has a third peak absorption wavelength in a third spectral band of between 680 nm and 688 nm (see fig.14, between about 680 nm and 730 nm; described above which is an overlapping range of sufficient specificity to anticipate the range (MPEP 2131.03)).
Regarding claim 10, Coppa discloses the invention as described in Claim 3 and Coppa further teaches wherein the characteristic transmission spectrum of the lens further has a first transmission peak, a second transmission peak, and a third transmission peak (see annotated image, Coppa, fig.34A, having the characteristic transmission spectrum of the lens further has a first transmission peak, a second transmission peak, and a third transmission peak); wherein a top of the first transmission peak is located at a wavelength of between 425 nm and 435 nm, a top of the second transmission peak is located at a wavelength of between 528 nm and 535 nm, and a top of the third transmission peak is located at a wavelength of between 630 nm and 670 nm (see annotated image, Coppa, fig.34A, having a top of the first transmission peak is located at a wavelength of between about 420 nm and 440 nm, a top of the second transmission peak is located at a wavelength of between about 500 nm and 540 nm, and a top of the third transmission peak is located at a wavelength of between about 620 nm and 640 nm; described above which is an overlapping range of sufficient specificity to anticipate the range (MPEP 2131.03)); wherein the first transmission trough is located between the first transmission peak and the second transmission peak, and the second transmission trough is located between the second transmission peak and the third transmission peak (see annotated image, Coppa, fig.34A, the first transmission trough is located between the first transmission peak and the second transmission peak, and the second transmission trough is located between the second transmission peak and the third transmission peak).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Coppa (US20190235282), and further in view of Baranton et al. (US20220283451).
Regarding claim 6, Coppa discloses the invention as described in Claim 3 and Coppa further teaches wherein the first wavelength position corresponding to the bottom of the first transmission trough is between 493 nm and 497 nm, the second wavelength position corresponding to the bottom of the second transmission trough is between 594 nm and 596 nm (see in claim 1, this claim recites similar limitations as those in corresponding claim 1 and is rejected based on the same teachings and rationale);
but Coppa does not explicitly disclose wherein the third wavelength position corresponding to the bottom of the third transmission trough is between 684 nm and 686 nm.
However, Baranton teaches the analogous lens (Baranton, abstract, an ophthalmic set for myopia progression control comprises spectral filtering means arranged for being effective on light that enters a user's eye), and further teaches wherein the third wavelength position corresponding to the bottom of the third transmission trough is between 684 nm and 686 nm (see, Baranton, fig.2, the spectra are labelled F2B and F2C, the third wavelength position corresponding to the bottom of the third transmission trough is capable of between 684 nm and 686 nm; further, Baranton teaches in paragraph [0056] “Man skilled in the art knows how to select light-absorbing dyes from spectral features thereof as provided by chemical suppliers, and how to adjust dye concentrations within the material(s) of the lenses 1, 2 for obtaining desired transmission values”; thus, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. See MPEP § 2144.05 Section II, Subsection A, citing In re Aller,105 USPQ 233 (C.C.P.A. 1955)).).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Coppa to have the specific range as taught by Baranton for the purpose to easy for the user, without causing vision discomfort (Baranton, paragraph [0014]).
Regarding claim 7, combination Coppa-Baranton discloses the invention as described in Claim 6 and Baranton further teaches wherein the first wavelength position corresponding to the bottom of the first transmission trough is 495 nm (Baranton, fig.2, paragraph [0056] “Arrow AR1 points a first transmission minimum in the range 460 nm-510 nm”), the second wavelength position corresponding to the bottom of the second transmission trough is 595 nm (Baranton, paragraph [0056] “arrow AR2 points that in the other range 560 nm-600 nm”), and the third wavelength position corresponding to the bottom of the third transmission trough is 685 nm (see Baranton, fig.2, is about 700nm; thus, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. See MPEP § 2144.05 Section II, Subsection A, citing In re Aller,105 USPQ 233 (C.C.P.A. 1955)).).The motivation to combine Coppa and Baranton as provided in claim 6 is incorporated herein.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872
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