DETAILED ACTION
In Reply filed on 08/05/2026, claims 1-15 are pending. Claims 5-12 are withdrawn based on the restriction requirement. Claims 1 and 13 are currently amended. Claims 1-4 and 13-15 are considered in the current Office 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 .
Status of Previous Objections/Rejections
Previous 35 USC 102 rejections are withdrawn based on the Applicant’s amendment. However, new rejections have been established.
Previous 35 USC 103 rejections are withdrawn based on the Applicant’s amendment. However, new rejections have been established.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over WO2017/094072 (“Hanano et al” hereinafter Hanano), machine translation provided.
Regarding Claim 1, Hanano teaches a method for manufacturing an ophthalmic lens using an additive manufacturing technology (page 1, lines 13-14), the method comprising steps of:
providing a support (Figure 1, stage 20);
manufacturing a part of the ophthalmic lens (Figure 1 and page 3, line 50- page 4, line 5) including a portion in contact with the support (Figure 1, base material 71 portion in contact with the stage 20), the part being manufactured on the support by the additive manufacturing technology (page 2, lines 53-54 and page 3, lines 50-55) ; and
obtaining the ophthalmic lens by adding layers on said part (Figure 1 and page 3, lines 59-60, supplying optical materials onto the base material 71 that forms stacked body 72 that formed optical element 70), the ophthalmic lens (Figure 1, optical element 70) including two opposite faces and an edge extending between the two faces (see annotated Figure 1),
wherein the ophthalmic lens has at least one useful optical surface (Figure 1 and page 6, lines 45-47, optical materials formed the stacked body 72 which is a useful optical surface) and a peripheral region (Figure 1, base material 71) surrounding at least in part the useful optical surface (Figure 1, base material 71 surrounds the stacked body 72), the peripheral region being a non-useful optical surface (page 3, lines 51-52, supply the photo-curable resin liquid onto the base material 71 and solidify it by irradiating the supplied photo-curable resin liquid with ultraviolet light. Photocurable resin liquid does not have optical function, thus, it forms a non-useful optical surface with base material 71), the peripheral region comprising at least a portion of said edge and a portion of at least one of the two opposite faces (see annotated Figure 1),
wherein the useful optical surface is free from any contact with the support during the manufacturing step (Figure 1, the useful optical material formed stacked body 72 is free from contact with the stage 20), and
wherein the peripheral region includes the portion in contact with the support (Figure 1, the base material 71 is in contact with the support 20).
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Hanano fails to explicitly teach said edge being shaped and dimensioned to match an inner face of a rim of a frame.
However, Hanano teaches an optical element manufacturing method (page 1, lines 13-14) and the method comprises forming an optical element by sequentially laminating optical materials, and obtaining a measurement result of optical performance of an optical system including an optical element to be molded (page 1, lines 43-17). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognized that the ophthalmic lens manufactured by Hanano is being directly obtained from the manufacturing method and is capable of being mounted in a rim of a frame.
Regarding Claim 4, Hanano teaches the method according to claim 1, wherein said support has a shape complementary to the outer edge surface of the portion of the peripheral region of the ophthalmic lens (Hanano, Figure 1, base material 71 portion is shape complementary with the stage 20).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over WO2017/094072 (“Hanano et al” hereinafter Hanano), machine translation provided, as applied to claim 1 above, and further in view of EP3218166 (“Vazquez et al” hereinafter Vazquez), copy provided in previous Office Action.
Regarding Claim 2, Hanano teaches the method according to claim 1, but fails to teach wherein the two opposite faces include a concave face and a convex face.
However, in the same field of manufacturing an ophthalmic lens using an additive manufacturing technology, Vazquez teaches wherein the two opposite faces include a concave face (see annotated Figure 2, the second face is concave face) and a convex
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face (see annotated Figure 2, the first face is convex face).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the method as taught by Hanano such that it teaches all of the above limitations as taught by Vazquez because the combination of the known elements provides a predictable result, namely, another known design of the ophthalmic lens shape. See MPEP 2143.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over WO2017/094072 (“Hanano et al” hereinafter Hanano), machine translation provided, and EP3218166 (“Vazquez et al” hereinafter Vazquez), copy provided in previous Office Action.
Regarding Claim 13, Hanano teaches a method for providing an assembly including an ophthalmic lens (page 1, lines 13-14), the method comprising the following steps:
providing a support (Figure 1, stage 20);
manufacturing a part of the ophthalmic lens (Figure 1 and page 3, line 50- page 4, line 5) including a portion in contact with the support (Figure 1, base material 71 portion in contact with the stage 20), the part being manufactured on the support by the additive manufacturing technology (page 2, lines 53-54 and page 3, lines 50-55) ; and
obtaining the ophthalmic lens by adding layers on said part (Figure 1 and page 3, lines 59-60, supplying optical materials onto the base material 71 that forms stacked body 72 that formed optical element 70), the ophthalmic lens (Figure 1, optical element 70) including two opposite faces and an edge extending between the two faces (see annotated Figure 1),
wherein the ophthalmic lens has at least one useful optical surface (Figure 1 and page 6, lines 45-47, optical materials formed the stacked body 72 which is a useful optical surface) and a peripheral region (Figure 1, base material 71) surrounding at least in part the useful optical surface (Figure 1, base material 71 surrounds the stacked body 72), the peripheral region being a non-useful optical surface (page 3, lines 51-52, supply the photo-curable resin liquid onto the base material 71 and solidify it by irradiating the supplied photo-curable resin liquid with ultraviolet light. Photocurable resin liquid does not have optical function, thus, it forms a non-useful optical surface with base material 71), the peripheral region comprising at least a portion of said edge and a portion of at least one of the two opposite faces (see annotated Figure 1),
wherein the useful optical surface is free from any contact with the support during the manufacturing step (Figure 1, the useful optical material formed stacked body 72 is free from contact with the stage 20), and
wherein the peripheral region includes the portion in contact with the support (Figure 1, the base material 71 is in contact with the support 20).
Hanano fails to teach the assembly includes a frame and mounting the ophthalmic lens in a rim of the frame such that said edge matches an inner face of the rim.
However, in the same field of manufacturing an ophthalmic lens using an additive manufacturing technology, Vazquez teaches the assembly includes a frame ([0140]) and mounting the ophthalmic lens in a rim of the frame such that said edge matches an inner face of the rim ([0140], when the customized lens is completed, it may be placed in the individually chosen eyewear frame).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the method as taught by Hanano such that it teaches all of the above limitations as taught by Vazquez because the combination of the known elements provides a predictable result, namely, placing the lens into a frame for user with customized design. See MPEP 2143.
Regarding Claim 14, Hanano teaches the method according to claim 13, but fails to teach wherein the two opposite faces include a concave face and a convex face.
However, Vazquez teaches wherein the two opposite faces include a concave face (see annotated Figure 2, the second face is concave face) and a convex face (see annotated Figure 2, the first face is convex face).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the method as taught by Hanano such that it teaches all of the above limitations as taught by Vazquez because the combination of the known elements provides a predictable result, namely, another known design of the ophthalmic lens shape. See MPEP 2143.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over WO2017/094072 (“Hanano et al” hereinafter Hanano), machine translation provided, as applied to claim 1 above, and further in view of WO2015/092017 (“Van de Vrie et al” hereinafter Van de Vrie), copy provided in previous Office Action.
Regarding Claim 3, Hanano teaches the method according to claim 1, but fails to teach wherein adding layers on said part forms another portion of the peripheral region.
However, in the same field of manufacturing an ophthalmic lens using an additive manufacturing technology, Van de Vrie teaches wherein adding layers on said part forms another portion of the peripheral region (Figure 1b, both first material 21 and second material 22 are added as new layers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the method as taught by Hanano such that it teaches all of the above limitations as taught by Van de Vrie because the combination of the known elements provides a predictable result, namely, repeat the manufacturing step to form desired product with desired layer thickness. See MPEP 2143.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over WO2017/094072 (“Hanano et al” hereinafter Hanano), machine translation provided, and EP3218166 (“Vazquez et al” hereinafter Vazquez) as applied to claim 13 above, and further in view of WO2015/092017 (“Van de Vrie et al” hereinafter Van de Vrie), copy provided in previous Office Action.
Regarding Claim 15, the modified Hanano teaches the method according to claim 13, but fails to teach wherein adding layers on said part forms another portion of the peripheral region.
However, in the same field of manufacturing an ophthalmic lens using an additive manufacturing technology, Van de Vrie teaches wherein adding layers on said part forms another portion of the peripheral region (Figure 1b, both first material 21 and second material 22 are added as new layers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modified the method as taught by Hanano such that it teaches all of the above limitations as taught by Van de Vrie because the combination of the known elements provides a predictable result, namely, repeat the manufacturing step to form desired product with desired layer thickness. See MPEP 2143.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 XINWEN (Cindy) YE whose telephone number is (571)272-3010. The examiner can normally be reached Monday - Thursday 8:30 - 17:00.
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XINWEN (CINDY) YE
Examiner
Art Unit 1754
/FARAH TAUFIQ/Primary Examiner, Art Unit 1754
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