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 Invention I (claims 4-8) in the reply filed on July 6th, 2026 is acknowledged.
Claims 9-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 6th, 2026.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Iso (US 20170058237 A1).
Iso discloses a lens solution (see Abstract). Iso further discloses the solution has excellent lipid detergency and also exhibits high hydrophilization performance, and when used to coat a lens, the lens solution exhibits an excellent lipid adhesion preventive effect and an excellent lubricity-imparting effect (see [0010]). Iso further discloses the lens solution comprises 2.5-95wt% of repeating unit (A) and 2.5-95wt% of repeating unit (B) (see [0011]). Iso further teaches the molecular weight of the polymer as 10,000-1,000,000 (see [0208]). Iso further discloses repeating unit A-1 below (see [0047]-[0052]).
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Iso further teaches R1 as an alkylene group having 2 to 4 carbon atoms, R2 as a hydrogen atom or an alkyl group having 1 to 4 carbon atoms, R3 as a hydrogen atom or a methyl group, R4 as —O—, *—(C═O)—O—, *—(C═O)—NR5—, *—NR5—(C═O)— (in which R5 represents a hydrogen atom or an organic group having 1 to 10 carbon atoms; and the symbol * represents the position at which the moiety is bonded to the carbon atom to which R.sup.3 in formula (2) is bonded), or a phenylene group, and n as 2 to 100 (see [0047]-[0052]). R1 as an alkylene group having 2 carbon atoms, R2 as an alkyl group having 1 carbon atom, R3 as a hydrogen atom or a methyl group, R4 as *—(C═O)—O—, and n as 4-90 corresponds with formula 1b of the instant claims.
Iso further discloses repeating unit A-2 below (see [0026]-[0031]).
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Iso further teaches R6 as a hydrogen atom or a methyl group, R7 as an alkylene group having 2 to 4 carbon atoms, R8 as an alkylene group having 1 to 10 carbon atoms, R9-R11 as a hydrogen atom or a hydrocarbon group having 1 to 8 carbon atoms, and q as 1 to 10 (see [0047]-[0052]). R6 as a hydrogen atom or a methyl group, R7 as an alkylene group having 2 carbon atoms, R8 as an alkylene group having 2 carbon atoms, R9-R11 as a hydrocarbon group having 1 carbon atom, and q as 4-90 corresponds with formula 1a of the instant claims.
Iso discloses the repeating units may be used in combination (see [0128]). Iso further discloses an exemplary polymer comprising two types of repeating unit A (see Table 1). Specifically, Iso discloses 85wt% of DMAA and 2.5wt% of GLBT (see Table 1 Synthesis Example 4 N-4). This corresponds to a ratio of 85:2.5. DMAA and GLBT are both listed as examples of repeating unit A.
Iso further discloses a lens solution comprising 0.001-20wt% of the polymer (see [0237]).
Iso further discloses the step of bringing the solution into contact with at least a part (preferably, a concave surface) of a contact lens surface (see [0244]).
While the specific compounds disclosed in claim 8, Iso discloses compound (A) and compound (B) in the form of the above formulas. The method of contacting the solution with the surface of a contact lens is explicitly stated (see [0244]). Further, Iso discloses repeating unit A-2 as 2-(meth)acryloyloxyethyl-2′-(trimethylammonio)ethyl phosphate (see [0080]) and compound (B) as methoxypolyethylene glycol (meth)acrylate (see [0067]), both of which are disclosed in claim 8.
Iso does not explicitly teach a single embodiment comprising 2-(meth)acryloyloxyethyl-2′-(trimethylammonio)ethyl phosphate and methoxypolyethylene glycol (meth)acrylate. Therefore, there is no single embodiment rising to the level of anticipation.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to utilize the lens solution comprising 2.5-95wt% of repeating unit (A) and 2.5-95wt% of repeating unit (B) of Iso, specifically the 2-(meth)acryloyloxyethyl-2′-(trimethylammonio)ethyl phosphate methoxypolyethylene glycol (meth)acrylate, to contact and coat a soft lens, as these are distinctly disclosed as examples of repeating unit (A) and repeating unit (B), respectfully. Further, Iso discloses the resultant lens solution as exhibiting high hydrophilization performance, and when used to coat a lens, further exhibiting an excellent lipid adhesion preventive effect and an excellent lubricity-imparting effect.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY SHARON HARRIS whose telephone number is (571)270-1390. The examiner can normally be reached 7:30-5:00.
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/B.S.H./Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
