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 .
Response to Arguments
With regard to the applicant arguments that Blum does not teach:
A fixed lens
A spectral filter
With respect to independent claim 1, newly independent claims 9 and 14, and any and all depending claims, the examiner respectfully disagrees.
With regard to the fixed lens Blum teaches static lenses and in [0046] likens them to a fixed lens
With regard to the Spectral filter, while Blum does not use the terminology “spectral filter” he describes the workings of one in the cited paragraphs [0027-0030] by means of a sensor, detecting lighting conditions and adjusting the lens.
As such the rejection is believed to be proper and has been restated below to include the new amended limitations.
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) 1-6 and 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blum (US 20140043584) herein after referred to as D1.
With regard to claim 1, D1 teaches an optical apparatus (100), in at least (figs. 1, 2A and 2B); for selective use under scotopic ([0027-0030]) ([0004], and [0027]) and mesopic ([0004], and [0027]) vision conditions, comprising a single ([0447]; static single vision lens) lens (112 or 114) shaped ([0023]) to provide a first optical power ([0027-0030]) effective to focus light in the eye under scotopic ([0027-0030]) and mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and distinct from a second optical power ([0027-0030]) effective to focus light in the eye under photopic ([0027-0030]) vision conditions; wherein the shape ([0074]; can be any shape) of the lens is fixed ([0046]; a static lens can also be referred to as a fixed lens) and selected based on an observed spectral sensitivity shift ([0027-0030]; the sensor is adapted to detect daytime conditions and nighttime conditions, and based on the signal from the sensor, the actuator adjusts the optical power) of the eye between scotopic ([0027-0030]) and mesopic ([0027-0030]) vision conditions and photopic ([0027-0030]) vision conditions.
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the lens (112 and 114) is configured to be selectively disposed on or in front of the eye when vision conditions become scotopic ([0027-0030]; Night) or mesopic ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and to be selectively moved away from the eye under photopic ([0027-0030]) vision conditions.
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the lens (112 and 114) is configured to be selectively positioned within a path of light entering the eye ([0027]; WEARER’s refractive needs).
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); further comprising a frame (110) supporting the lens (112 and 114) .
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 4, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein: the eye defines a first eye; the lens (112) defines a first lens (112 and 114) and is supported by the frame (110) in front of the first eye when the optical apparatus (100) is worn during scotopic ([0027-0030]) or mesopic ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) conditions; the optical apparatus (100) further comprises a second lens (114) supported by the frame (110) in front of the second eye when the optical apparatus (100) is worn during scotopic ([0027-0030]) or mesopic ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) conditions; and the second lens (114) is shape ([0023])d to provide a third optical power ([0023]; second lens first zone) effective to focus light in the second eye under scotopic ([0027-0030]) and mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and distinct from a fourth optical power ([0023]; second lens second zone) effective to focus light in the second eye under photopic ([0027-0030]) vision conditions.
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the optical apparatus (100) defines a pair of eyeglasses (fig. 1).
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 7, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the shape ([0023]) of the lens (112 and 114) corrects focus for the user resulting from the observed spectral sensitivity shift of the eye between scotopic ([0027-0030]) or mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and photopic ([0027-0030]) vision conditions.
With regard to claim 9, D1 teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); for selective use under scotopic ([0027-0030]) and mesopic ([0027-0030]) vision conditions comprising: a single lens ([0047]; single vision lens) shaped to provide a first optical power ([0027-0030]) effective to focus light in the eye under scotopic ([0027-0030]) and mesopic ([0027-0030]) vision conditions and distinct from a second optical power ([0027-0030]) effective to focus light in the eye under photopic ([0027-0030]) vision conditions; wherein the shape ([0023]) of the lens (112 and 114) is fixed ([0046]; Static lens) and selected based on a focus point ([0074]) in the eye for selected wavelengths of light to which rods of the eye are most sensitive ([0068]).
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the selected wavelengths of light are between 502 nm and 512 nm ([0068]; selects optical power based on ambient light, 502-512 being in the visible light spectrum).
With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the shape ([0023]) of the lens (112 and 114) defines a single optical power ([0074]).
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the single optical power is negative ([0074]).
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the shape ([0023]) of the lens (112 and 114) is adapted to align the focus of light in the eye under scotopic ([0027-0030]) and mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) where light is focused for maximum visual acuity in the eye ([0048]).
With regard to claim 14, D1 teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); for selective use under scotopic ([0027-0030]) and mesopic ([0027-0030]) vision conditions comprising: a single lens ([0047]; single vision lens) shaped to provide a first optical power ([0027-0030]) effective to focus light in the eye under scotopic ([0027-0030]) and mesopic ([0027-0030]) vision conditions and distinct from a second optical power ([0027-0030]) effective to focus light in the eye under photopic ([0027-0030]) vision conditions; wherein the shape ([0023]) of the lens (112 and 114) is fixed ([0046]; Static lens) and selected based on a focus point ([0074]) in the eye for selected wavelengths of light to which rods of the eye are most sensitive ([0068]); and a spectral filter ([0027-0030]) incorporated into the lens (112 or 114) in a path of light entering the eye ([0027]; WEARER’s refractive needs).
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the spectral filter ([0027-0030]) is adapted to reduce transmission of wavelengths of light through the spectral filter ([0027-0030]).
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 15, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the spectral filter ([0027-0030]) is adapted to reduce transmission of wavelengths of light that are perceived by the user to be out of focus under scotopic ([0027-0030]) and mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time).
With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 16, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the spectral filter ([0027-0030]) is adapted to reduce transmission of wavelengths of light below 450 nm ([0027-0030]; as the optical power changes to accommodate for day and night vision, this actively changes wavelengths that are perceived by the wearer).
With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein: the shape ([0023]) of the lens (112 and 114) is selected based on an observed spectral sensitivity shift of the eye between scotopic ([0027-0030]) or mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and photopic ([0027-0030]) vision conditions; and the shape ([0023]) of the lens (112 and 114) defines a single optical power over the entire lens (112 and 114) .
With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the lens (112 and 114) is configured to focus a user's vision in scotopic ([0027-0030]) and mesopic vision conditions ([0027-0030]; being that mesopic is a combination of night and day time vision conditions, the mentioned paragraphs speak of a dynamic range between night and day time) and the lens (112 and 114) would cause out of focus vision if used in photopic ([0027-0030]) vision conditions.
With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus (100), in at least (figs. 1, 2A, 2B; and [0004], [0027-0030]); wherein the lens (112 and 114) is configured to selectively mount to a pair of eyeglasses prescribed to enhance vision under photopic ([0027-0030]) vision conditions when vision conditions become scotopic ([0027-0030]) or mesopic.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT A GAGNON/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872