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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/05/2024, 12/26/2024, 09/03/2025 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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 1-16 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Gawne (US 2022/0342233) in view of Wada (US 2020/0004051).
Regarding claim 1, Gawne discloses a method of controlling myopia progression/onset (see Figs 1-2A), comprising: providing a contact lens (see Fig 8A; Para [0014]; contact lenses may be used as optical system); instructing a user to wear the contact lens (see Fig 8A; Para [0014-0018]; lenses are to be worn by a user to correct vision);
Gawne does not disclose the contact lens including: a filtering characteristic of blocking at least some light with wavelengths between 400 nanometers and 500 nanometers from transmitting through the contact lens; a transmittance characteristic of transmitting at least some light with wavelengths above 500 nanometers through the contact lens; and a second transmittance characteristic of transmitting at least some light with wavelengths below 400 nanometers through the contact lens. Gawne and Wada both disclose methods using contact lenses to filter light.
Wada discloses a method using contact lenses (see Fig 12) wherein the contact lens including: a filtering characteristic of blocking at least some light with wavelengths between 400 nanometers and 500 nanometers from transmitting through the contact lens (see Fig 12; Para [0097-0099]; a filtering characteristic of dye material C4 has light blocking in a span between 400nm and 500nm at a max blocking starting at around 450); a transmittance characteristic of transmitting at least some light with wavelengths above 500 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light above 500nm up to 100% at 600nm); and a second transmittance characteristic of transmitting at least some light with wavelengths below 400 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light below 400nm up to ~97% at ~360nm).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the contact lens including: a filtering characteristic of blocking at least some light with wavelengths between 400 nanometers and 500 nanometers from transmitting through the contact lens; a transmittance characteristic of transmitting at least some light with wavelengths above 500 nanometers through the contact lens; and a second transmittance characteristic of transmitting at least some light with wavelengths below 400 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to user’s to improve user vision (Para [0096-0099])
Regarding claim 2, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 400 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 to 400 nm up to ~97% at ~360nm).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 400 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 3, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 370 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light in a range 360 to 370 nanometers up to ~97% at ~360nm).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 370 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 4, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 380 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 380 nm up to ~97% at ~360nm).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 360 nanometers and 380 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 5, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 370 nanometers and 380 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 370 and 380 as seen in Fig 12).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 370 nanometers and 380 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 6, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 380 nanometers and 390 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 380 and 390 nm as seen in Fig 12).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 380 nanometers and 390 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 7, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 390 nanometers and 400 nanometers (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 390 and 400 nm as seen in Fig 12).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light with wavelength ranges between 390 nanometers and 400 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 8, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 90 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 400 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 90 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 9, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 70 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 400 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 70 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 10, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 50 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 400 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 50 percent of the light with wavelengths between 360 nanometers and 400 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 11, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 90 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 380 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 90 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 12, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 70 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 400 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 70 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 13, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the second transmittance characteristic includes transmitting at least 50 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens (see Fig 12; Para [0097-0099]; a transmission characteristic of dye material C4 transmits light between 360 and 380 nm as seen in Fig 12 with an average ~90% transmission in said region).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least 50 percent of the light with wavelengths between 360 nanometers and 380 nanometers through the contact lens of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 14, Gawne in view of Wada discloses the method of claim 1.
Gawne further discloses further including: communicating to the user that wearing the contact lens has a potential to slow myopia progression; wherein the user is diagnosed with myopia (see Fig 6A-6B; Para [0062]; examiner is interpreting this to be equivalent to how Gawne communicates a method of using dual focal zones to slow the progression of myopia in patients with diagnosed myopia).
Regarding claim 15, Gawne in view of Wada discloses the method of claim 1.
Gawne further discloses further including: communicating to the user that wearing the contact lens has a potential to prevent myopia onset; wherein the user is not diagnosed with myopia (see Fig 6A-6B; Para [0062]; examiner is interpreting this to be equivalent to how Gawne communicates a method of using dual focal zones to eliminate the development of myopia in patients undergoing emmetropization such as children).
Regarding claim 16, Gawne in view of Wada discloses the method of claim 1.
Gawne further discloses further including: communicating to the user that wearing the contact lens has a potential to delay myopia onset; wherein the user is not diagnosed with myopia (see Fig 6A-6B; Para [0062]; examiner is interpreting this to be equivalent to how Gawne communicates a method of using dual focal zones to reduce the development of myopia in patients undergoing emmetropization such as children).
Regarding claim 20, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 70 percent of the light with wavelengths between 400 nanometers and 500 nanometers (see Fig 12; Para [0097-0099]; a blocking characteristic of dye material C4 blocks light between 400 and 500 nm as seen in Fig 12 with an average ~70% transmission in said region calculated from values in graph).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the second transmittance characteristic includes transmitting at least some of the light wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 70 percent of the light with wavelengths between 400 nanometers and 500 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 21, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 50 percent of the light with wavelengths between 400 nanometers and 500 nanometers (see Fig 12; Para [0097-0099]; a blocking characteristic of dye material C4 blocks light between 400 and 500 nm as seen in Fig 12 with an average ~70% transmission in said region calculated from values in graph).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 50 percent of the light with wavelengths between 400 nanometers and 500 nanometers of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Regarding claim 22, Gawne in view of Wada discloses the method of claim 1.
Wada further discloses wherein the contact lens is made, at least in part, of a polymer (see Fig 1; Para [0031]; base material may be a polymer such as polycarbonate).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne with wherein the contact lens is made, at least in part, of a polymer of Wada for the purpose of providing filtering capabilities to users to improve user vision (Para [0096-0099])
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gawne (US 2022/0342233) in view of Wada (US 2020/0004051) as applied to claim 1 above, and further in view of Smith (US 2007/0115431)
Regarding claim 17, Gawne in view of Wada discloses the method of claim 1.
Gawne in view of Wada does not disclose wherein the user is under 5 years old. Gawne in view of Wada and Smith are related because both disclose methods of delaying myopia progression.
Smith discloses a method of delaying myopia progression (see Fig 4a) wherein the user is under 5 years old (see Fig 4a; Para [0006]; a myopia user may have congenital myopia affecting them from birth).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne in view of Wada with wherein the user is under 5 years old of Smith for the purpose of guiding eye growth during early development in order to achieve an ideal optical state (Para [0054])
Regarding claim 18, Gawne in view of Wada discloses the method of claim 1.
Gawne in view of Wada does not disclose wherein the user is between 3 years old and 12 years old. Gawne in view of Wada and Smith are related because both disclose methods of delaying myopia progression.
Smith discloses a method of delaying myopia progression (see Fig 4a) wherein the user is between 3 years old and 12 years old (see Fig 4a; Para [0006]; a myopia user may have juvenile myopia beginning from 5-10 years old).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne in view of Wada with wherein the user is between 3 years old and 12 years old of Smith for the purpose of guiding eye growth during early development in order to achieve an ideal optical state (Para [0054])
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gawne (US 2022/0342233) in view of Wada (US 2020/0004051) as applied to claim 1 above, and further in view of Valentine (US 2019/0187489).
Regarding claim 19, Gawne in view of Wada discloses the method of claim 1. Gawne in view of Wada does not disclose wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 90 percent of the light with wavelengths between 400 nanometers and 500 nanometers. Gawne in view of Wada and Valentine are related because both disclose method to improve a user’s vision.
Valentine discloses a method of improving a user’s vision (see Fig 46) wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 90 percent of the light with wavelengths between 400 nanometers and 500 nanometers (see Fig 9; Para [0143]; a red tint lens has a blocking of around 90% between 400 and 500 nm)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Gawne in view of Wada with wherein blocking at least some of the light with wavelengths between 400 nanometers and 500 nanometers includes blocking at least 90 percent of the light with wavelengths between 400 nanometers and 500 nanometers of Valentine for the purpose enhancing light in order to improve a patient’s vision (Para [0143]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Drobe (US 9,885,884) discloses an optical system for controlling myopia which includes specific filtering capabilities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL ANDRES SANZ whose telephone number is (571)272-3844. The examiner can normally be reached Monday-Friday 8:30 am -5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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