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 .
The instant application having Application No. 18/808,389 filed on 8/19/2024 is presented for examination by the examiner.
Response to Amendment
This Office Action is in response to the communication filed 7/29/2026.
The amendments to claims 1, 15, and 20, filed 7/29/2026, are acknowledged and accepted.
The cancellation of claim 4, filed 7/29/2026, is acknowledged and accepted.
Claims 1-3 and 5-20 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 15, and 20 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.
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 1-3, 5-7, 9-13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Vilupuru (US 20190314146 A1), in view of Chalberg (US 20220011602 A1).
Regarding claim 1, Vilupuru discloses a corrective lens for correcting aberrations of an eye of a patient, in at least Figures 1-16, the corrective lens comprising:
a central region (36 “annular region”, Figures 4-16) formed in the center of the corrective lens (34 “mask”, Figure 6) preventing light transmission (paragraph 0118 states "the mask 34 preferably includes an annular region 36 surrounding a pinhole opening or aperture 38 substantially centrally located on the mask 34", paragraph 0123 states "The annular region 36 is at least partially and preferably completely opaque. The opacity of the annular region 36 prevents light from being transmitted through the mask 34 (as generally shown in FIG. 5)", Figure 6); and
a slotted transmissive region (38 "pinhole aperture", Figures 6-16) formed in the central region (36 “annular region”, paragraph 0118 states "the mask 34 preferably includes an annular region 36 surrounding a pinhole opening or aperture 38 substantially centrally located on the mask 34. The pinhole aperture 38 is generally located around a central axis 39, referred to herein as the optical axis of the mask 34"), the slotted transmissive region (38 "pinhole aperture") allowing light transmission therethrough (paragraph 0118 states "The pinhole aperture 38 is generally located around a central axis 39, referred to herein as the optical axis of the mask 34", paragraph 0027 states "the method includes transmitting electromagnetic radiation with a wavelength between about 750 nm and about 1500 nm through the aperture of the pinhole imaging device", paragraph 0007 states "The mask comprising an aperture configured to transmit along an optical axis substantially all visible incident light").
However, Vilupuru does not disclose an elongated slotted transmissive region; wherein the corrective lens improves depth of focus to improve retinal image quality of objects that are at far, intermediate, and near distances from the eye; and wherein the elongated slotted transmissive region has a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm).
Chalberg teaches an elongated slotted transmissive region (310 “clear aperture”, paragraph 0091 states “Clear aperture 310 is an elliptical aperture with one end positioned near the center of the lens, and extends radially out within the circular light scattering area 330 towards clear area 340”, Figure 3); wherein the corrective lens (300 “ophthalmic lens”, Figure 3) improves depth of focus to improve retinal image quality of objects that are at far, intermediate, and near distances from the eye (paragraph 0091 states “the aperture extends from the distance-vision area near the center of the lens, to the near-vision area of the lens near the edge of the circular light scattering area 330”, paragraph 0093 states “Aperture 310 has a height, h, along the vertical direction. In general, h can be chosen so that the aperture spans the distance vision area to a near vision area”, paragraph 0092 states “The apertures should not be so large as to significantly impede the effect of the contrast reduction in peripheral vision due to the scattering area in far, near or intermediate vision scenarios”); and wherein the elongated slotted transmissive region (310 “clear aperture”) has a length (see examiner’s markup of Figure 3) along a first axis (332 “axis”) and a width (see examiner’s markup of Figure 3) along a second axis (see examiner’s markup of Figure 3) that is perpendicular to the first axis (332 “axis”, see examiner’s markup of Figure 3 which shows that 332 “axis” is perpendicular to the second axis), the length (see examiner’s markup of Figure 3) being at least three times greater than the width (see examiner’s markup of Figure 3, by measurement the width = 3.3 units and the length = 10 units, so therefore the length is at least three times larger than the width), the width (see examiner’s markup of Figure 3) being at least 1 millimeter (mm)(paragraph 0093 states “the aperture has a height sufficient so that the wearer still sees through clear aperture 310 in instances where the position or orientation of the eyeglasses shift on the wearer during normal use. Generally, h can be in a range from 10 mm to 25 mm”, where if the length is three times larger than the width, the width should be in a range from 3.3 mm to 8.3 mm which is greater than 1 mm).
Below is an examiner’s markup of Figure 3 of Chalberg pointing out a length, a width, and a second axis.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to utilize the corrective lens for correcting aberrations of an eye of a patient of Vilupuru modified by an elongated slotted transmissive region; wherein the corrective lens improves depth of focus to improve retinal image quality of objects that are at far, intermediate, and near distances from the eye; and wherein the elongated slotted transmissive region has a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm), as taught by Chalberg, in order to allow the lenses to be worn normally by a user and still allow the user to be able to see through them as well as to accommodate a user’s eye as it focuses on near objects (paragraphs 0090 – 0093).
Regarding claim 2, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the slotted transmissive region (38 "pinhole aperture") is formed in the center of the central region (36 “annular region”, paragraph 0120 states "FIG. 13 shows a mask 34g that has a tear-drop shaped aperture 38g that is substantially centered in the mask 34g", Figures 6, 13).
Regarding claim 3, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the slotted transmissive region (38 "pinhole aperture") is formed spaced from the center of the central region (36 “annular region”, paragraph 0120 states "FIG. 12 shows a mask 34f that has a tear-drop shaped aperture 38f that is located above the true center of the mask 34f", Figures 6, 12).
Regarding claim 5, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the lens is one of a soft contact lens, hard contact lens, spectacles, and an intraocular lens (paragraph 0117 states "it will be understood that the mask 34 can be, in various modes of application, implanted in the cornea 12 (as shown), used as a contact lens placed over the cornea 12, incorporated in the intraocular lens 14 (including the patient's original lens or an implanted lens), or otherwise positioned on or in the eye 10").
Regarding claim 6, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the corrective lens (34 “mask”) has an orientation when worn on the eye (10 “eye”, Figures 2, 3, paragraph 0117 states "it is desirable to position the mask 34 on the eye 10 so that the light rays 32 that pass through the mask 34 converge at the fovea 20", paragraph 0120 states "FIGS. 12-14 illustrate that the position of aperture can be tailored, e.g., centered or off-center, to provide different effects. For example, an aperture that is located below the true center of a mask generally will allow more light to enter the eye because the upper portion of the aperture 34 will not be covered by the eyelid of the patient. Conversely, where the aperture is located above the true center of the mask, the aperture may be partially covered by the eyelid. Thus, the above-center aperture may permit less light to enter the eye", Figures 7-16), and the slotted transmissive region (38 "pinhole aperture") is elongated in a horizontal direction relative to the orientation of the corrective lens (34 “mask”) when worn (paragraph 0121 states "FIG. 16 shows an embodiment of a mask 34j that has a kidney-shaped aperture 38j", Figure 16).
Regarding claim 7, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the corrective lens (34 “mask”) has an orientation when worn on the eye (10 “eye”, paragraph 0117 states "it is desirable to position the mask 34 on the eye 10 so that the light rays 32 that pass through the mask 34 converge at the fovea 20", paragraph 0120 states "FIGS. 12-14 illustrate that the position of aperture can be tailored, e.g., centered or off-center, to provide different effects. For example, an aperture that is located below the true center of a mask generally will allow more light to enter the eye because the upper portion of the aperture 34 will not be covered by the eyelid of the patient. Conversely, where the aperture is located above the true center of the mask, the aperture may be partially covered by the eyelid. Thus, the above-center aperture may permit less light to enter the eye", Figures 7-16), and the slotted transmissive region (38 "pinhole aperture") is elongated in a vertical direction relative to the orientation of the corrective lens (34 “mask”) when worn (paragraph 0119 states "FIG. 9 shows another embodiment of a mask 34c that includes an aperture 38c formed in the shape of an oval", Figure 9).
Regarding claim 9, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the slotted transmissive region (38 "pinhole aperture") has non-parallel long sides (paragraph 0119 states "FIG. 9 shows another embodiment of a mask 34c that includes an aperture 38c formed in the shape of an oval", Figure 9).
Regarding claim 10, the combination of Vilupuru and Chalberg disclose all the limitations of claim 9 and Vilupuru further discloses wherein the slotted transmissive region (38 "pinhole aperture") has curvilinear long sides (paragraph 0121 states "FIG. 16 shows an embodiment of a mask 34j that has a kidney-shaped aperture 38j", Figure 16).
Regarding claim 11, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the central region (36 “annular region”) is printed onto a surface of the corrective lens (34 “mask”, paragraph 0124 states "For example, in one embodiment, the material used to make mask 34 may be naturally opaque. Alternatively, the material used to make the mask 34 may be substantially clear, but treated with a dye or other pigmentation agent to render region 36 substantially or completely opaque. In still another example, the surface of the mask 34 may be treated physically or chemically (such as by etching) to alter the refractive and transmissive properties of the mask 34 and make it less transmissive to light", paragraph 0125 states "the surface of the mask 34 may be treated with a particulate deposited thereon. For example, the surface of the mask 34 may be deposited with particulate of titanium, gold or carbon to provide opacity to the surface of the mask 34. In another alternative, the particulate may be encapsulated within the interior of the mask 34, as generally shown in FIG. 19").
Regarding claim 12, the combination of Vilupuru and Chalberg disclose all the limitations of claim 1 and Vilupuru further discloses wherein the slotted transmissive region (38 "pinhole aperture") includes an aperture disposed through the corrective lens (34 “mask”, paragraph 0118 states "The pinhole aperture 38 is generally located around a central axis 39, referred to herein as the optical axis of the mask 34", paragraph 0027 states "the method includes transmitting electromagnetic radiation with a wavelength between about 750 nm and about 1500 nm through the aperture of the pinhole imaging device", paragraph 0007 states "The mask comprising an aperture configured to transmit along an optical axis substantially all visible incident light").
Regarding claim 13, the combination of Vilupuru and Chalberg disclose all the limitations of claim 12 and Vilupuru further discloses wherein the central region (36 “annular region”) includes an opaque pigment in a material of the corrective lens (34 “mask”, paragraph 0124 states "For example, in one embodiment, the material used to make mask 34 may be naturally opaque. Alternatively, the material used to make the mask 34 may be substantially clear, but treated with a dye or other pigmentation agent to render region 36 substantially or completely opaque. In still another example, the surface of the mask 34 may be treated physically or chemically (such as by etching) to alter the refractive and transmissive properties of the mask 34 and make it less transmissive to light").
However, Vilupuru does not disclose the aperture being formed subsequent to the opaque pigment being added.
It would have been an obvious matter of design choice to form the aperture subsequent to the opaque pigment being added, since applicant has not disclosed that forming the aperture subsequent to the opaque pigment being added solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with forming the aperture before the opaque pigment being added. See In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Regarding claim 20, Vilupuru discloses a method of correcting aberrations of an eye, in at least Figures 1-16, the method comprising positioning a corrective lens (34 “mask”, Figures 5-16) to an eye (10 “eye”, Figures 2, 3, paragraph 0110 states “The masks may be applied to the eye in any manner and in any location, e.g., as an implant in the cornea (sometimes referred to as a “corneal inlay”). The masks can also be embodied in or combined with lenses and applied in other regions of the eye, e.g., as or in combination with contact lenses or intraocular lenses (IOL)”), the corrective lens (34 “mask”) having a central region (36 “annular region”) formed in the center of the corrective lens (34 “mask”, Figure 6), the central region (36 “annular region”) preventing light transmission (paragraph 0118 states "the mask 34 preferably includes an annular region 36 surrounding a pinhole opening or aperture 38 substantially centrally located on the mask 34", paragraph 0123 states "The annular region 36 is at least partially and preferably completely opaque. The opacity of the annular region 36 prevents light from being transmitted through the mask 34 (as generally shown in FIG. 5)", Figure 6), and a slotted transmissive region (38 "pinhole aperture") formed in the central region (36 “annular region”, Figure 6) allowing light transmission therethrough (paragraph 0118 states "The pinhole aperture 38 is generally located around a central axis 39, referred to herein as the optical axis of the mask 34", paragraph 0027 states "the method includes transmitting electromagnetic radiation with a wavelength between about 750 nm and about 1500 nm through the aperture of the pinhole imaging device", paragraph 0007 states "The mask comprising an aperture configured to transmit along an optical axis substantially all visible incident light").
However, Vilupuru does not disclose wherein the slotted transmissive region is elongated having a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm).
Chalberg teaches wherein the slotted transmissive region (310 “clear aperture”, Figure 3) is elongated having a length (see examiner’s markup of Figure 3) along a first axis (332 “axis”) and a width (see examiner’s markup of Figure 3) along a second axis (see examiner’s markup of Figure 3) that is perpendicular to the first axis (332 “axis”, see examiner’s markup of Figure 3 which shows that 332 “axis” is perpendicular to the second axis), the length (see examiner’s markup of Figure 3) being at least three times greater than the width (see examiner’s markup of Figure 3, by measurement the width = 3.3 units and the length = 10 units, so therefore the length is at least three times larger than the width), the width (see examiner’s markup of Figure 3) being at least 1 millimeter (mm)( paragraph 0093 states “the aperture has a height sufficient so that the wearer still sees through clear aperture 310 in instances where the position or orientation of the eyeglasses shift on the wearer during normal use. Generally, h can be in a range from 10 mm to 25 mm”, where if the length is three times larger than the width, the width should be in a range from 3.3 mm to 8.3 mm which is greater than 1 mm).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to utilize the corrective lens for correcting aberrations of an eye of a patient of Vilupuru modified by wherein the slotted transmissive region is elongated having a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm), as taught by Chalberg, in order to allow the lenses to be worn normally by a user and still allow the user to be able to see through them as well as to accommodate a user’s eye as it focuses on near objects (paragraphs 0090 – 0093).
Claims 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Simonov (WO 2014054946 A1)(see attached copy), in view of Chalberg (US 20220011602 A1).
Regarding claim 15, Simonov discloses corrective lenses for correcting aberrations of eyes of a patient, in at least Figure 14, the corrective lenses comprising:
a first corrective lens (54 "identical component", Figure 14) and a second corrective lens (55 "identical component", Figure 14);
a first central region (see examiner’s markup of Figure 14) formed in the center of the first corrective lens (54 "identical component", examiner’s markup of Figure 14 shows that a first central region is formed in the center of 54 "identical component"), the first central region (see examiner’s markup of Figure 14) preventing light transmission (first paragraph of page 1 states “The ocular devices related to the present invention and disclosed in the present document concern an artificial pupil comprised of at least one aperture fitted into a screen of intermediate artificial ocular material with the aperture restricting of the cross- section of the light beam by screening the light beam, blocking the light beam in at least one specific sector”, page 2, paragraph 3 states “ocular material, in embodiments disclosed by the present document which ocular material is likely such that it completely screens, blocks, the light, for example black ocular material which is completely opaque”);
a second central region (see examiner’s markup of Figure 14) formed in the center the second corrective lens (55 "identical component", examiner’s markup of Figure 14 shows that a second central region is formed in the center of 55 "identical component"), the second central region (see examiner’s markup of Figure 14) preventing light transmission (first paragraph of page 1 states “The ocular devices related to the present invention and disclosed in the present document concern an artificial pupil comprised of at least one aperture fitted into a screen of intermediate artificial ocular material with the aperture restricting of the cross- section of the light beam by screening the light beam, blocking the light beam in at least one specific sector”, page 2, paragraph 3 states “ocular material, in embodiments disclosed by the present document which ocular material is likely such that it completely screens, blocks, the light, for example black ocular material which is completely opaque”);
a first slotted transmissive region (see examiner’s markup of Figure 14) formed in the first central region (see examiner’s markup of Figure 14), the first slotted transmissive region (see examiner’s markup of Figure 14) allowing light transmission therethrough (first paragraph of page 1 states “The ocular devices related to the present invention and disclosed in the present document concern an artificial pupil comprised of at least one aperture fitted into a screen of intermediate artificial ocular material with the aperture restricting of the cross- section of the light beam by screening the light beam”); and
a second slotted transmissive region (see examiner’s markup of Figure 14) formed in the second central region (see examiner’s markup of Figure 14), the second slotted transmissive region (see examiner’s markup of Figure 14) allowing light transmission therethrough (first paragraph of page 1 states “The ocular devices related to the present invention and disclosed in the present document concern an artificial pupil comprised of at least one aperture fitted into a screen of intermediate artificial ocular material with the aperture restricting of the cross- section of the light beam by screening the light beam”).
Below is an examiner’s markup of Figure 14 of Simonov pointing out a first central region, a second central region, a first slotted transmissive region, a second slotted transmissive region, a first direction, and a second direction.
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However, Simonov does not disclose each of the first slotted transmissive region and the second slotted transmissive region being elongated with a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm).
Chalberg teaches the first slotted transmissive region (310 “clear aperture”) being elongated (paragraph 0091 states “Clear aperture 310 is an elliptical aperture with one end positioned near the center of the lens, and extends radially out within the circular light scattering area 330 towards clear area 340”, Figure 3);) with a length (see examiner’s markup of Figure 3) along a first axis (332 “axis”) and a width (see examiner’s markup of Figure 3) along a second axis (see examiner’s markup of Figure 3) that is perpendicular to the first axis (332 “axis”, see examiner’s markup of Figure 3 which shows that 332 “axis” is perpendicular to the second axis), the length (see examiner’s markup of Figure 3) being at least three times greater than the width (see examiner’s markup of Figure 3, by measurement the width = 3.3 units and the length = 10 units, so therefore the length is at least three times larger than the width), the width (see examiner’s markup of Figure 3) being at least 1 millimeter (mm)( paragraph 0093 states “the aperture has a height sufficient so that the wearer still sees through clear aperture 310 in instances where the position or orientation of the eyeglasses shift on the wearer during normal use. Generally, h can be in a range from 10 mm to 25 mm”, where if the length is three times larger than the width, the width should be in a range from 3.3 mm to 8.3 mm which is greater than 1 mm).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to utilize the corrective lens for correcting aberrations of an eye of a patient of Vilupuru modified by the first slotted transmissive region being elongated with a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm), as taught by Chalberg, in order to allow the lenses to be worn normally by a user and still allow the user to be able to see through them as well as to accommodate a user’s eye as it focuses on near objects (paragraphs 0090 – 0093).
It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate the first slotted transmissive region such that both the first slotted transmissive region and the second slotted transmissive region are elongated with a length along a first axis and a width along a second axis that is perpendicular to the first axis, the length being at least three times greater than the width, the width being at least 1 millimeter (mm), since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
Regarding claim 16, the combination of Simonov and Chalberg disclose all the limitations of claim 15 and Simonov further discloses wherein the first corrective lens (54 "identical component") has a first orientation when worn on a first eye (first paragraph of page 8, Figure 14 shows that 54 "identical component" has a first orientation which is vertical), the second corrective lens (55 "identical component") has a second orientation when worn on a second eye (first paragraph of page 8, Figure 14 shows that 55 "identical component" has a second orientation which is horizontal), the first slotted transmissive region (see examiner’s markup of Figure 14) is elongated in a first direction relative to the orientation of the first corrective lens (54 "identical component") when worn (examiner’s markup of Figure 14 shows that the first slotted transmissive region is elongated in a first direction relative to the orientation of 54 "identical component" when worn), and the second slotted transmissive region (see examiner’s markup of Figure 14) is elongated in a second direction relative to the orientation of the second corrective lens (55 "identical component") when worn (examiner’s markup of Figure 14 shows that the second slotted transmissive region is elongated in a second direction relative to the orientation of 55 "identical component" when worn), wherein the first direction (see examiner’s markup of Figure 14) is different from the second direction (see examiner’s markup of Figure 14).
Regarding claim 17, the combination of Simonov and Chalberg disclose all the limitations of claim 15 and Simonov further discloses wherein the first slotted transmissive region (see examiner’s markup of Figure 14) formed in the first central region (see examiner’s markup of Figure 14) has a first shape (see examiner's markup of Figure 14 which shows a first shape is a rectangle extended in the vertical direction), the second slotted transmissive region (see examiner’s markup of Figure 14) formed in the second central region (see examiner’s markup of Figure 14) has a second shape (see examiner's markup of Figure 14 which shows a second shape is a rectangle extended in the horizontal direction), and the first shape is different from the second shape (examiner's markup of Figure 14, a rectangle extended in the vertical direction is a different shape than a rectangle extended in the horizontal direction).
Regarding claim 18, the combination of Simonov and Chalberg disclose all the limitations of claim 15 and Simonov further discloses wherein at least one of the first slotted transmissive region (see examiner's markup of Figure 14) and the second slotted transmissive region (see examiner's markup of Figure 14) is formed in the center of the respective first and second central regions (see examiner's markup of Figure 14 which shows that both the first slotted transmissive region and the second slotted transmissive region are formed in the center of the respective first and second central regions).
Regarding claim 19, the combination of Simonov and Chalberg disclose all the limitations of claim 18 and Simonov further discloses wherein both the first slotted transmissive region (see examiner's markup of Figure 14) and the second slotted transmissive region (see examiner's markup of Figure 14) are formed in the center of the respective first and second central regions (see examiner's markup of Figure 14 which shows that both the first slotted transmissive region and the second slotted transmissive region are formed in the center of the respective first and second central regions).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Vilupuru (US 20190314146 A1), in view of Chalberg (US 20220011602 A1), and further in view of Peyman2 (US 11372230 B2).
Regarding claim 8, the combination of Vilupuru and Chalberg discloses all the limitations of claim 1 and Vilupuru further discloses wherein the corrective lens (34 “mask”) has an orientation when worn on the eye (10 “eye”, paragraph 0117 states "it is desirable to position the mask 34 on the eye 10 so that the light rays 32 that pass through the mask 34 converge at the fovea 20", paragraph 0120 states "FIGS. 12-14 illustrate that the position of aperture can be tailored, e.g., centered or off-center, to provide different effects. For example, an aperture that is located below the true center of a mask generally will allow more light to enter the eye because the upper portion of the aperture 34 will not be covered by the eyelid of the patient. Conversely, where the aperture is located above the true center of the mask, the aperture may be partially covered by the eyelid. Thus, the above-center aperture may permit less light to enter the eye", Figures 7-16).
However, Vilupuru does not disclose the slotted transmissive region is elongated in a diagonal direction relative to the orientation of the corrective lens when worn.
Peyman2 teaches the slotted transmissive region is elongated in a diagonal direction relative to the orientation of the corrective lens when worn (column 32, lines 53-67, Figures 27F and 27G).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the corrective lens for correcting aberrations of an eye of a patient of Vilupuru modified by the slotted transmissive region is elongated in a diagonal direction relative to the orientation of the corrective lens when worn, as taught by Peyman2, in order to treat squints or strabismus that cause deviation of the eye caused by imbalance between the horizontal muscles or vertical eye muscles, or oblique muscles puling the eye toward one or the other direction (column 32, lines 53-67).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Vilupuru (US 20190314146 A1), in view of Chalberg (US 20220011602 A1), and further in view of Kaschke (US 20210169640 A1).
Regarding claim 14, the combination of Vilupuru and Chalberg disclose all the limitations of claim 13, however Vilupuru does not disclose wherein the aperture is formed through the corrective lens with a laser.
Kaschke teaches wherein the aperture is formed through the corrective lens with a laser (paragraph 0004 states “an intraocular lens in which slits are made in a haptic part and also in an optical part to modify the mechanical characteristic and also the structure characteristic of the lens. Said elongate slits are formed in the interior of the intraocular lens, in particular using a laser”, paragraph 0014).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the corrective lens for correcting aberrations of an eye of a patient of Vilupuru modified by wherein the aperture is formed through the corrective lens with a laser, as taught by Kaschke, in order to ensure exact and delicate precision (paragraph 0014).
Conclusion
THIS ACTION IS MADE FINAL. 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 ALAINA M SWANSON whose telephone number is (703)756-5809. The examiner can normally be reached Mon-Fri, 7:30am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ALAINA MARIE SWANSON/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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