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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 7/21/2026 has been entered.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 7/21/2026 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-20 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. In at least claim 1 the term “substantially” renders the claim indefinite because it is unclear how the applicant is measuring substantially correct or substantially accurate since these are terms of degree/ subjective terms. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degrees, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. See MPEP § 2173.05(d). See In re Wiggins, 488 F. 2d 538, 541, 179 USPQ 421, 423 (CCPA 1973).
Dependent claims 2-20 are rejected as dependent upon claim 1.
Allowable Subject Matter
Claims 1-20 are allowed, pending applicant’s overcoming of the 112(b) or 112 2nd rejection above.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
The prior art fails to teach all the limitations of claim 1, including the limitations directed to a contact lens system, comprising: a first add optical zone having a first add zone power profile comprising a myopic paraxial power selected to correct myopic refractive error and a first add power; and a first transitional optical zone surrounding the first add optical zone, the first transitional optical zone having a myopic progressive power profile; and the myopic power profile comprising the first add zone power profile and the myopic progressive power profile, the myopic power profile includes a first spherical aberration (SPHA); and a plurality of hyperopic-correcting lenses, each having a hyperopic power profile and each comprising: a second add optical zone having a second add zone power profile comprising a hyperopic paraxial power selected to correct hyperopic refractive error and a second add power; and a second transitional optical zone surrounding the second add optical zone, the second transitional optical zone having a hyperopic progressive power profile; the hyperopic power profile comprising the second add zone power profile and the hyperopic progressive power profile, the hyperopic power profile having a second SPHA; wherein the second SPHA of each of the plurality of hyperopic-correcting lenses is at least ten percent (10%) less than the first SPHA of each of the plurality of myopic- correcting lenses. Claims 2-20 are allowable based upon dependency to respective independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wooley (20170276961), Buehren (20140375949), Back (20130201442), and Lang (20030125806) are cited for being examples of a multifocal ophthalmic lens system that provides foveal vision correction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
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