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 .
Election/Restrictions
Applicant's election without traverse of Group I in the reply filed on 04/22/2026 is acknowledged.
Claim Objections
AS to claim 2-7, “Inspection cuvette according to claim” should be –The inspection cuvette according to claim--
Claim Rejections - 35 USC § 112 (b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to the claim 1, the claim recites “an ophthalmic lens, in particular a contact lens, such as a soft contact lens” and as to the claim 6, “a filling volume of less than 45 milliliters, in particular less than 38 milliliters”.
However, it is not clear whether the claim really requires the particular parts and such as condition or not (i.e. should it be the contact or soft contact lens? Should it be less than 38 milliliters?)
Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Proper amendments are required.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pfaff et al. (US 20210080347 A1 hereinafter Pfaff)
As to claim 1, Pfaff teaches Inspection cuvette (Fig. 2) for use in the optical inspection of an ophthalmic lens (title), in particular a contact lens ([0002]) such as a soft contact lens ([0002]), in an ophthalmic lens manufacturing line, the inspection cuvette (2 in Fig. 2 as shown in the below) comprising:
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- a hollow cuvette body (13) defining a cavity (15) for receiving the ophthalmic lens (4) as well as an inspection liquid (3),
- a handling channel (14) having an inner circumferential channel wall (141) and a longitudinal channel axis (142), the handling channel (14) further having an access opening (140) at a proximal end thereof and being connected to the cavity (15) at a distal end thereof, for insertion of the ophthalmic lens (4) into and for removal of the ophthalmic lens (4) from the cavity (15),
- a transparent bottom (16) having a concave upper surface (161) delimiting the cavity (15) at a bottom end thereof, for retaining the ophthalmic lens (4) on the concave upper surface (161) during inspection of the ophthalmic lens (4) immersed in the inspection liquid (3), and
- an inspection window (10) comprising a flat lower surface (101) delimiting the cavity (15) at an upper end thereof and facing towards the concave upper surface (161) of the transparent bottom (16), for allowing optical inspection of the ophthalmic lens (4) retained on the concave upper surface (161) of the transparent bottom (16) along an inspection axis (162) normal to the flat lower surface (101) of the inspection window (10), wherein, when the inspection cuvette (2) is arranged in an inspection position, at least a portion of the inner circumferential channel wall (14) is arranged above the flat lower surface (101) of the inspection window (10) and the access opening (3) is entirely arranged above the flat lower surface (101) of the inspection window (10), to allow for an arrangement of the access opening (140) above an upper surface of the inspection liquid (21) when the flat lower surface (101) of the inspection window (10) is completely immersed in the inspection liquid (3), characterized in that at least that portion of the inner circumferential channel wall (141) which is arranged above the flat lower surface (101) of the inspection window (10) when the cuvette (2) is arranged in the inspection position is round (Fig. 2)
As to claim 2, Pfaff teaches the Inspection cuvette according to claim 1.
Pfaff further teaches the inner circumferential channel wall (141) has a circular-shaped cross section in a plane normal to the longitudinal channel axis (142) in at least that portion of the inner circumferential channel wall (141) which is arranged above the flat lower surface (101) of the inspection window (10) when the inspection cuvette (2) is arranged in the inspection position (as shown in the above Fig. 2 and circular view is shown as 3D in Fig. 3).
As to claim 3, Pfaff teaches inspection cuvette according to claim 2.
Pfaff further teaches the access opening (140) has a circular shape (circular view is shown as 3D in Fig. 3).
As to claim 4, Pfaff teaches Inspection cuvette according to claim 1.
Pfaff further teaches when the inspection cuvette (2) is arranged in a handling position, the handling channel (14) and the access opening (140) at the proximal end thereof are arranged vertically above the concave upper surface (161) of the transparent bottom (16) with the longitudinal channel axis (142) running vertically and through the concave upper surface (161) of the transparent bottom (16), and wherein, when the inspection cuvette (2) is arranged in the inspection position, the lower surface (101) of the inspection window (10) is arranged vertically above the concave upper surface (161) of the transparent bottom (16) of the inspection cuvette (2) with the inspection axis (24) running vertically and through the concave upper surface (161) of the transparent bottom (16).
As to claim 5, Pfaff teaches Inspection cuvette according to claim 1.
Pfaff further teaches the entire inner circumferential channel wall (141) of the handling channel (14) is round (Fig. 3).
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 of this title, 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Pfaff in view of Tucker (CA 2939880 C).
As to claim 6, Pfaff teaches Inspection cuvette according to claim 1.
However, Pfaff does not explicitly disclose the inspection cuvette (2) has a filling volume of less than 45 milliliters, in particular less than 38 milliliters.
Tucker teaches the inspection cuvette (2) has a filling volume of less than 45 milliliters, in particular less than 38 milliliters (“lenses immersed in the aqueous lens care solution in the container cup; lens holder comprises one or more closable baskets, which open to receive the lens care solution has a volume in the range of from about 5 ml to about 15 ml (preferably from 7.5 ml to about 12.5 ml, more preferably from about 9 ml to 11 ml”).
Examiner’s further notes as stated by the prior art of Herbrechtsmeier et al. (WO 9842497 A2), regarding the ophthalmic lens inspection, “the volume of liquid dispensed is not generally critical” and a person of ordinary skill in the art would easily come up with minimizing the volume of the cuvette design while maintain crucial structures and shapes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the cuvette of Pfaff by having a filling volume of less than 45 milliliters, in particular less than 38 milliliters for the benefit of cost and space effectiveness.
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
As to claim 7, the closest prior arts regarding sealing in an inspection of ophthalmic lens cuvette are KR 20210153782 A teaching sealed packaging and US 5395621 A which teaches a sealing mechanism of a cuvette with one opening design.
However, none of the prior art alone or in combination disclose or teach of the handling channel at its proximal end comprises a circumferential sealing surface allowing to close the access opening in a pressure-tight manner with the aid of a closure along with other limitations in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on M-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/SUNGHEE Y GRAY/Primary Examiner, Art Unit 2877
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