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
Claims 20-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/15/2025.
Applicant’s election without traverse of Group I in the reply filed on 08/15/2025 is acknowledged.
Claim Rejections - 35 USC § 112
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 1-19 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. Regarding claim 1, the limitation “a lens support comprising a lever and a lens support” is indefinite because it is unclear if the second mentioned “a lens support” is the same or different lens support as the first lens support recited.
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 and 9-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Almond (US 2020/0229560).
Claim 1
Almond discloses a contact lens package (20) comprising a lid (28); a container (22) defining a cavity (32) configured to house a contact lens and packaging solution, the lid being sealedly coupled to the container (see [0036]), and a lens support (defined by combination of 40 and 60) comprising a lever (60) and a lens support (40) disposed within the cavity, and wherein the lens support is pivotably coupled to the container such that the lever is configured to raise the lens support at least partially out of the cavity (see figure 1b and [0048]).
Claim 2
Almond further discloses the container comprises a cavity base (44) which at least partially defines the cavity, and wherein the lens support is coupled to the container such that the lens support pivots about an axis separated by a distance from the cavity base and disposed between the cavity base and the lid (see figure 1b).
Claim 3
Almond further discloses the container comprises a cavity base (44) which at least partially defines the cavity, and wherein the lever is coupled to the container such that the lens support pivots about an axis disposed on the cavity base (see figure 1b).
Claim 4
Almond further discloses the container comprises a cavity base (44) which at least partially defines the cavity, and wherein the cavity base comprises a lever receiver (62) adjacent the lever such that the lever is movable into the lever receiver when the lever manipulated to raise the lens support at least partially out of the cavity (see figure 1a and [0047]).
Claim 5
Almond further discloses the cavity is a blister bowl integral to the container (see figure 1b).
Claim 9
Almond further discloses the lever and the lens support are substantially coplanar. Almond discloses when the lens support is pull taut, the contact lens is elevated and the support lens is at same level with the lever (see figure 1b and [0047]).
Claim 10
Almond further discloses the lever and the lens support are substantially disposed in separate planes. Almond discloses when the lens is not pull out from the cavity, the lens support rests on the base of the cavity, therefore is in a separate plane from the lever (see [0047] and figure 1b).
Claim 11
Almond further discloses the cavity is adjacent the lens support, such that packaging solution drained from the lens support is collected by the cavity (see [0047] and figure 1b).
Claim 12
Almond further discloses the lever and the lens support are a single component (see figure 1b). Almond appears to show the lever and the lens support as a single piece of material.
Claim 13
Almond further discloses the lever and the lens support are separate components that are coupled together (see [0047]).
Claim 14
Almond further discloses the lever and the lens support are made of a uniform/same material. Almond appears to show the lever and the lens support as a single piece of material.
Claims 15-17
Almond further discloses the lens support and the container are made of a uniform material. Almond discloses lens support and the container formed from polypropylene material (see [0033] and [0038]).
Claim 18
Almond further discloses the lid is hermetically sealed to the container (see [0034]).
Claim 19
Almond further discloses the lid is foil (see [0034] and [0037]).
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 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Almond (US 2020/0229560) as applied to claim 1 above, and further in view of Howell (US 2015/0296943)
Claims 6-8
Almond does not disclose the lens defining a cut-out extending through the lens support. However, Howell discloses a contact lens dispensing apparatus (300) comprising a container (310) including a lens support/craddle (330) defining a cutout/void (332) extending through the support defining a C-shape in the lens support and configured to guide a user’s finger to a convex surface of a contact lens (see figure 3). Howell discloses when the lens support/cradle is in dispensing position a user may remove the contact lens for placement by touching the non-eye side of the contact lens through the cutout/void and sliding the lens off the lens support/cradle ([0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens support of Almond including a cutout/void as taught by Howell for assist/easy removal of the contact lens from the package.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736