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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/12/2024, 07/08/2024, 07/29/2024, 10/03/2024 and 11/22/2024 being considered by the examiner. A copy of initialed form is attached for Applicant’s record.
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.
Claims 1, 2, 4, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blum (US 20190314147 A1 of record).
Regarding claim 1, Blum discloses an apparatus to treat refractive error of an eye (the electro-active IOL could, by way of example only, provide optical power to correct for conventional refractive errors, par.[0092]), the apparatus comprising: a lens comprising an optical zone (provides an intraocular lens system comprising an electro-active lens comprising multiple independently controllable zones, par.[0013]; a pair of eyeglasses which can be mechanically and electrically coupled to an electronic lens feature, by way of example only, an electro-chromic lens, electro-active lens, microoptical display or heads-up display affixed to a spectacle lens or frame, [01291]; and a switchable zone extending around the optical zone (effect may be switched remotely by the user using a wireless communication device couple to the control circuitry in the IOL, par.[0200]), wherein the switchable zone comprises an electroactive material (an electro-active lens may be used to provide vision correction as described in the present invention, the electro-active lens may also be used to provide a sunglass or tinting effect electro-actively. By using special liquid crystal layers or other electro-chromic materials, the electro-active IOL of the present invention can reduce the amount or light that hits the retina when the light levels in the environment become uncomfortably high, or reach a level that can be dangerous to the eye, par.[0200] switchable between a first configuration to substantially scatter or defocus light (effect may be switched remotely by the user using a wireless communication device couple to the control circuitry in the IOL, par.[0200]; Electro-active materials comprise optical properties that may be varied by electrical control. For example, transmission of light may be controlled to produce tinting or a sunglass effect [transmission affected by scattering). Further, the index of refraction may be electrically controlled to produce focusing and or prismatic effects, par.[0076]; focus or an electro-active lens may be controlled electrically. The focus may be controlled automatically using, for example, a range finder, or a tilt meter, or triangulation based on the direction of both eyes, the forces exerted on the lens by the muscles of the eye. Alternately, the focus may be controlled by the decisions of the user by way of a remote control, par.[0079]; there are many types of electro-active element configurations. These configurations include ... diffractive, par.[0084] and second configuration to substantially transparently transmit light through the lens (second may provide tinting or may serve as an electrically controlled aperture, or the second could cause a prismatic shift of the image to the healthy area of a retina of a deceased eye, par.[0085]; transparent outside layers of electrically conductive film that has inner layers which allow the exchange of ions. When a voltage is applied across the outer conductive layers, ions move from one inner layer to another, causing a change in tinting of the electro chromic material. Reversing the voltage causes the layer to become clear again, par.[0202]).
Regarding claim 2, Blum discloses the apparatus or claim 1, wherein the switchable zone is substantially translucent in the first configuration and substantially transparent in the second configuration (transparent outside layers of electrically conductive film that has inner layers which allow the exchange of ions. When a voltage is applied across the outer conductive layers, ions move from one inner layer to another, causing a change in tinting or the electro chromic material [translucent]. Reversing the voltage causes the layer to become clear again, [0202]).
Regarding claim 4, Blum discloses the apparatus of claim 1, wherein an optical power of the optical zone remains substantially fixed for the first configuration and the second configuration of the switchable zone (an electro-active lens may be used to provide vision
correction as described in the present invention, the electro-active lens may also be used to provide a sunglass or tinting effect electro-actively. By using special liquid crystal layers or other electro-chromic materials, the electro-active IOL of the present invention can reduce the amount or light that hits the retina when the light levels in the environment become uncomfortably high, or reach a level that can be dangerous to the eye, [0200]; some electro-active materials retain their optical power in the absence or applied electricity (such as by way of example only, a bi-stable liquid crystal), [0122]).
Regarding claim 19, Blum discloses the apparatus of claim 1, wherein the switchable zone comprises the first configuration when a voltage is applied to the zone and the second configuration without the voltage applied to the zone (second may provide tinting or may
serve as an electrically controlled aperture, or the second could cause a prismatic shift of the image to the healthy area or a retina of a deceased eye, [0085]; transparent outside layers or electrically conductive film that has inner layers which allow the exchange of ions. When a voltage is applied across the outer conductive layers, ions move from one inner layer to another, causing a change in tinting of the electro chromic material. Reversing the voltage causes the layer to become clear again, [0202]).
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.
Claims 3, 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0314147 to Blum et al. (hereinafter, "Blum") in view of US 2015/0241706 to Schowengerdt.
Regarding claim 3, Blum discloses the apparatus of claim 1, but fails to explicitly disclose wherein images viewed through the switchable zone in the first configuration appear blurry. Schowengerdt is in the field of smart glasses with different configurations (title; abstract) and teaches wherein images viewed through the switchable zone in the first configuration appear blurry (configuration also may be constructed using a solid state switchable lens, such as one using an electro-active material, par.[0071]; a variable focus lens element (166) configuration wherein liquid crystal. .. is utilized to present a pattern, the pattern spacing may be modulated to not only change the focal power of the variable focus lens element (166), but also to change the focal power of the overall optical system, par.[0068]); one or more DOEs are switchable between "on" states in which they actively diffract, and "off' states in which they do not significantly diffract, [0081]; effects may be utilized to produce variable amounts blur, par.[0110]).
It would have been obvious to one of ordinary skill in the art, before effective filing date of the claimed invention, to modify the configuration of Blum to include wherein images viewed through the switchable zone in the first configuration appear blurry with Schowengerdt. The motivation being to provide a system with effects to produce variable amounts blur to simulate the dioptric blur expected at the retina if an object were at that viewing distance and enhance the three-dimensional perception by the eyes/brain (par.[0110]).
Regarding claim 6, modified Blum discloses the apparatus of claim 3, but lacks the teaching wherein switchable zone comprises a liquid crystal material configured to vary an optical power of the switchable zone and wherein the optical power in the first configuration differs from an optical power of the second configuration. Schowengerdt is in the field of smart glasses with different configurations (title; abstract) and teaches wherein switchable zone comprises a liquid crystal material configured to vary an optical power of the switchable zone and wherein the optical power in the first configuration differs from an optical power of the second configuration (configuration also may be constructed using a solid state switchable lens, such as one using an electro-active material, par.[0071]; a variable focus lens element (166) configuration wherein liquid crystal. .. is utilized to present a pattern, the pattern spacing may be modulated to not only change the focal power of the variable focus lens element (166), but also to change the focal power of the overall optical system, par.[0068]); one or more DOEs are switchable between "on" states in which they actively diffract, and "off" states in which they do not significantly diffract, par.[0081]; effects may be utilized to produce variable amounts blur, par.[0110].
It would have been obvious to one of ordinary skill in the art, before effective filing date of the claimed invention, to modify the configuration of Blum to vary an optical power of the switchable zone and wherein the optical power in the first configuration differs from an optical power of the second configuration with Schowengerdt. The motivation being to provide a system with varying optical power configured to create another incremental amount of wavefront divergence so that the eye/brain interprets light (par.[0110]).
Regarding claim 18, Blum discloses the apparatus of claim 1, wherein the lens comprises an optical power (electro-active IOL could, by way of example only, provide optical power to correct for conventional refractive errors, par.[0092]), but fails to explicitly disclose the optical zone comprising the optical power and wherein the switchable zone is located on the lens to transmit light with the optical power in the second configuration. Schowengerdt is in the field of smart glasses with different configurations (title; abstract) and teaches the optical zone comprising the optical power and wherein the switchable zone is located on the lens to transmit light with the optical power in the second configuration (configuration also may be constructed using a solid state switchable lens, such as one using an electro-active material, par.[0071]; a variable focus lens element (166) configuration wherein liquid crystal...is utilized to present a pattern, the pattern spacing may be modulated to not only change the focal power of the variable focus lens element (166), but also to change the focal power of the overall optical system, par.[0068]); waveguide (186) passes its output light through both the first (192) and second (194) lenses before reaching the eye (58); the combined optical power of the first (192) and second (194) lenses may be configured, par.[0074]; one or more DOEs are switchable between "on" states in which they actively diffract, and "off" states in which they do not significantly diffract, par.[0081]; effects may be utilized to produce variable amounts blur, (par.[0110]).
It would have been obvious to one of ordinary skill in the art, before effective filing date of the claimed invention, to modify the configuration of Blum to further provide the optical zone comprising the optical power and wherein the switchable zone is located on the lens to transmit light with the optical power in the second configuration with Schowengerdt. The motivation being to provide a system with varying optical power configured to create another incremental amount of wavefront divergence so that the eye/brain interprets light (par.[0110]).
Allowable Subject Matter
1. Claims 5 and 7-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
2. The following is a statement of reasons for the indication of allowable subject matter: (claim 5) wherein the switchable zone comprises particles to blur the viewed images in response to a difference between an index of refraction of the particles and the electroactive material; (claim 7) wherein the switchable zone comprises a plurality of switchable lenslets to vary the optical power, the plurality switchable lenslets comprising one or more of an optical surface profile or an electrode profile to vary the optical power and defocus light in the first configuration; (claim 8) wherein the switchable zone comprises one or more optical structures comprising an optical surface profile to blur the viewed images in response to a difference between an index of refraction of the one or more optical structures and an index of refraction of the electroactive material; (claim 12) wherein the switchable zone comprises an electrode profile to blur the viewed images with diffraction in response to a difference between a first index of refraction of the electroactive material at first location and a second index of refraction of the electroactive material at a second location, the first location closer to the electrode than the second location.
Conclusion
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/TUYEN TRA/ Primary Examiner, Art Unit 2872