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 09/21/2024 has been considered by the examiner.
Preliminary Amendment
Preliminary Amendment that was filed on 09/21/2024 is entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a functional area” and “a first zone” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Piers et al. (US PUB 2014/0118684; herein after “Piers”) in view of Zhou et al. (US 11681161; herein after “Zhou”).
Piers and Zhou disclose multifocal ophthalmic lens systems that provide chromatic aberration reduction for both distant vision and near or intermediate vision.
Therefore, they are analogous art.
Regarding claim 1, Piers teaches a spectacle lens (an ophthalmic lens, para. [0017]) intended to be worn in front of an eye (Eyes 100/200, FIGS. 1-5) of a wearer (a subject) and to provide a first refractive power for correcting an abnormal refraction of the eye of the wearer (i.e., the combination of lenses provides binocular vision in which chromatic aberrations are corrected or reduced both for distant vision and for near and/or intermediate vision, see para. [0003] and [0015]), the lens comprising: a refractive area (e.g., area around OA1/2) configured to provide the first refractive power and on at least one surface a functional area (e.g., diffractive pattern or grating area 115/215) configured to provide an optical function (i.e., IOL 110 produces a first focus 120 that is located on or near retina 104 and an image that is at least somewhat blurred (e.g., an optical function) due to relatively large LCA, see para. [0034], also see para. [0041] and [0047]); and a coating covering the at least one surface having the functional area (i.e., a first multifocal diffractive pattern or grating 115 that is imposed on or added (e.g., coated) to a first lens shape 112, see para. [0025]), wherein on a first zone having a circular shape defined on the lens (e.g., the optic portion (zone) of the IOL, as shown at least in FIGS. FIGS. 2 and 3, para. [0027], at least one of the surfaces within the first zone of the intraocular lens may be characterized by an equation, see para. [0028]), more than 5% and less than 39% of the surface of said first zone (i.e., circular center portion of the lens shape 112 having an area more than 5% and less than 39% of the surface, as shown at least in FIGS. FIGS. 2 and 3) has a local refractive power ranging from the first refractive power minus 0.25 diopter and the first refractive power plus 0.25 diopter (i.e., optical power of an optic, optical element, or lens attributable to a profile or shape of one of the surfaces of the optic is "about" and/or "approximately" plus or minus 0.25 Diopters when used in reference to an optical power (e.g., a refractive power, diffractive power, or combination thereof) or a difference in optical powers (e.g., an add power). As used herein, plus or minus 0.25 Diopters when used in reference to a comparison between two optical powers of differences in optical powers, see para. [0020]), and wherein more than 25% and less than 60% of the surface of said first zone covers the functional area (i.e., functional area around 115/215 and of the lens shape 112 having an area more than 25% and less than 60% of the surface, as shown at least in FIGS. FIGS. 2 and 3).
Piers teaches all limitations except for explicit teaching of a spectacle lens intended to be worn in front of an eye of a wearer, and a coating covering the at least one surface having the functional area.
However, in a related field of endeavor Zhou teaches FIG. 1A shows the sharply focused image positions of various objects relative to the retina of a young emmetropic eye 104 when such an eye 104 is wearing a zero-diopter spectacle lens 110 that has the presently disclosed micro-reticle R and its corresponding micro-lens L and when the eye is fixating on a far way object represented by the dashed line 106, column 16, lines 3-9.
FIGS. 4A-4B show the integrated recticle reticle focuser includes micro-lenses located on or as part of a single vision correction spectacle lens. In this embodiment, each single vision correction spectacle lens 402 has a front surface 404 and a back surface 406. On the front surface 404, micro-reticles 408 are positioned deposited or embedded, with optional protective over-coating around the paracentral and/or peripheral zone of the single vision correction spectacle lens 402, column 17, lines 28-38.
Therefore, 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 device of Piers such that an eye is wearing a zero-diopter spectacle lens, and with optional protective over-coating around the paracentral and/or peripheral zone of the single vision correction spectacle lens as taught by Zhou, for the purpose of improving a progressive addition spectacle lens, can also improve any peripheral add-power spectacle lens.
Regarding claim 2, Piers according to calm 1 further teaches more than 10% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.25 diopter and the first refractive power plus 0.25 diopter (i.e., optical power of an optic, optical element, or lens attributable to a profile or shape of one of the surfaces of the optic is "about" and/or "approximately" plus or minus 0.25 Diopters when used in reference to an optical power, see para. [0020]).
Regarding claims 3 and 16, Piers according to calm 1 further teaches more than 15% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.5 diopter and the first refractive power plus 0.5 diopter (e.g., a spectacle add power of 0.5 Diopters, para. [0017]).
Regarding claim 4, Piers according to calm 3 further teaches more than 20% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.5 diopter and the first refractive power plus 0.5 diopter, or wherein more than 25% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.5 diopter and the first refractive power plus 0.5 diopter, or wherein more than 30% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.5 diopter and the first refractive power plus 0.5 diopter; or wherein more than 35% of the surface of said first zone has a local refractive power ranging from the first refractive power minus 0.5 diopter and the first refractive power plus 0.5 diopter (i.e., the add power of IOL 110 may be different than the add power for IOL 210, for example, differing by at least 0.5 Diopters, at least 1 Diopter, or at least 2 Diopters, para. [0058], also see he lens shape 112 having an area more than 20% and 350% of the surface, as shown at least in FIGS. FIGS. 2 and 3).
Regarding claim 5, Piers according to calm 1 further teaches less than 39% of the surface of said first zone has a local refractive power superior or equal to the first refractive power plus 0.12 diopter; or wherein less than 37% of the surface of said first zone has a local refractive power superior or equal to the first refractive power plus 0.12 diopter, or wherein less than 30% of the surface of said first zone has a local refractive power superior or equal to the first refractive power plus 0.12 diopter (i.e., optical power of an optic, optical element, or lens attributable to a profile or shape of one of the surfaces of the optic is "about" and/or "approximately" plus or minus 0.25 Diopters when used in reference to an optical power, see para. [0020]).
Piers teaches all limitations except for explicit teaching of the first refractive power plus 0.12 diopter.
However, in a related field of endeavor Zhou teaches the micro-lenses are designed with their central portion functioning like a micro-lens to solely cause the micro-reticle image to land either substantially on or in front of the paracentral and/or peripheral retina (i.e. within focus as perceived by a wearer's eye, or myopically defocused within a desired range as perceived by a wearer's eye), and with their surrounding portion functioning like a mini-lens with substantially less optical focusing power than the central portion micro-lens does, column 6, lines 44-53.
Therefore, 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 device of Piers such that a mini-lens with substantially less optical focusing power than the central portion micro-lens does (0.12 D) as taught by Zhou, for the purpose of improving a progressive addition spectacle lens.
Regarding claim 6, Piers according to calm 1 further teaches the first zone has a diameter greater than or equal to 6 mm and smaller than or equal to 10 mm (i.e., the pupil has a 5-millimeter diameter, para. [0056] … the model eye includes a model cornea having a 6-millimeter diameter, para. [0057]).
Regarding claim 7, Piers according to calm 1 further teaches the functional area has an optical function of not focusing an image (e.g., blurred image) on a retina (104/204) of the eye of the wearer or an optical function of scattering incident light (para. [0034]).
Regarding claim 8, Piers according to calm 1 further teaches the functional area includes an optical microstructure (e.g., diffractive pattern or grating (optical microstructure), para. [0025], as shown at least in FIGS. 2 and 3).
Regarding claim 9, Piers according to calm 8 further teaches the optical microstructure comprises includes a plurality of optical elements, such as for instance lenslets (e.g., diffractive pattern or grating (lenslet), para. [0025], as shown at least in FIGS. 2 and 3).
Regarding claim 10, Piers according to calm 8 further teaches the optical microstructure is disposed on an object-side surface and/or an eye-side surface and/or between the object-side surface and the eye-side surface of the lens (i.e., a first multifocal diffractive pattern or grating 115 that is imposed on or added (e.g., coated) to a first lens shape 112, see para. [0025] as shown at least in FIGS. 2 and 3).
Regarding claim 11, Piers according to calm 9 further teaches the plurality of optical elements is positioned randomly or in a network, including a regular network being a grid, a honeycomb, or concentric rings (i.e., a first multifocal diffractive pattern or grating 115 that is imposed on or added (e.g., coated) to a first lens shape 112, see para. [0025], as shown at least in FIGS. 2 and 3).
Regarding claim 12, Piers fails to teach the smallest distance between two adjacent and non-contiguous optical elements is greater than or equal to 0.2 mm or 0.3 mm, and smaller than or equal to 2 mm or 1.5 mm.
However, in a related field of endeavor Zhou teaches Combining this limitation (micro-lens transverse diameter D needs to be less than 500 μm (for f=1 mm) to less than 5000 μm (for f=10 mm)) with the limitation that the separation distance between two neighboring micro-lenses needs to be greater than 350 μm, column 36, lines 34-38.
Therefore, 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 device of Piers such that a separation distance between two neighboring micro-lenses needs to be greater than 350 μm (0.35 mm) as taught by Zhou, for the purpose of improving a progressive addition spectacle lens, can also improve any peripheral add-power spectacle lens.
Regarding claim 13, Piers according to calm 1 further teaches the lens includes a coating on a surface including the functional area (i.e., a first multifocal diffractive pattern or grating 115 that is imposed on or added (e.g., coated) to a first lens shape 112, see para. [0025]).
Regarding claim 14, Piers according to calm 1 further teaches the refractive area and/or the functional area is a connected area (or a non-connected area (as shown at least in FIGS. 2 and 3).
Regarding claim 15, Piers teaches a computer-implemented method (a method of providing a system of ophthalmic lenses, see claim 1) for determining a spectacle lens (an ophthalmic lens, para. [0017]) intended to be worn in front of an eye of a wearer (see para. [0003] and [0015]), to provide a first refractive power based on a prescription of the wearer for correcting an abnormal refraction of the eye of the wearer (i.e., the combination of lenses provides binocular vision in which chromatic aberrations are corrected or reduced both for distant vision and for near and/or intermediate vision, see para. [0015]), wherein the lens includes a refractive area (e.g., area around OA1/2) configured to provide the first refractive power and on at least one surface a functional area (e.g., diffractive pattern or grating area 115/215) configured to provide an optical function (i.e., IOL 110 produces a first focus 120 that is located on or near retina 104 and an image that is at least somewhat blurred (e.g., an optical function) due to relatively large LCA, see para. [0034], also see para. [0041] and [0047]) and a coating covering the at least one surface having the functional area (i.e., a first multifocal diffractive pattern or grating 115 that is imposed on or added (e.g., coated) to a first lens shape 112, see para. [0025]) the method comprising: obtaining a prescription of the wearer (i.e., lenses provide two optical powers or foci simultaneously (prescription), para. [0006]); and determining the refractive area so that on a first zone having a circular shape defined on the lens (e.g., the optic portion (zone) of the IOL, as shown at least in FIGS. FIGS. 2 and 3, para. [0027], at least one of the surfaces within the first zone of the intraocular lens may be characterized by an equation, see para. [0028]), more than 5% and less than 39% of the surface of said first zone (i.e., circular center portion of the lens shape 112 having an area more than 5% and less than 39% of the surface, as shown at least in FIGS. FIGS. 2 and 3) has a local refractive power ranging from the first refractive power minus 0.25 diopter and the first refractive power plus 0.25 diopter (i.e., optical power of an optic, optical element, or lens attributable to a profile or shape of one of the surfaces of the optic is "about" and/or "approximately" plus or minus 0.25 Diopters when used in reference to an optical power (e.g., a refractive power, diffractive power, or combination thereof) or a difference in optical powers (e.g., an add power). As used herein, plus or minus 0.25 Diopters when used in reference to a comparison between two optical powers of differences in optical powers, see para. [0020]), and more than 25% and less than 60% of the surface of said first zone covers the functional area (i.e., functional area around 115/215 and of the lens shape 112 having an area more than 25% and less than 60% of the surface, as shown at least in FIGS. FIGS. 2 and 3).
Piers teaches all limitations except for explicit teaching of a spectacle lens intended to be worn in front of an eye of a wearer, and a coating covering the at least one surface having the functional area.
However, in a related field of endeavor Zhou teaches FIG. 1A shows the sharply focused image positions of various objects relative to the retina of a young emmetropic eye 104 when such an eye 104 is wearing a zero-diopter spectacle lens 110 that has the presently disclosed micro-reticle R and its corresponding micro-lens L and when the eye is fixating on a far way object represented by the dashed line 106, column 16, lines 3-9.
FIGS. 4A-4B show the integrated recticle reticle focuser includes micro-lenses located on or as part of a single vision correction spectacle lens. In this embodiment, each single vision correction spectacle lens 402 has a front surface 404 and a back surface 406. On the front surface 404, micro-reticles 408 are positioned deposited or embedded, with optional protective over-coating around the paracentral and/or peripheral zone of the single vision correction spectacle lens 402, column 17, lines 28-38.
Therefore, 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 device of Piers such that an eye is wearing a zero-diopter spectacle lens, and with optional protective over-coating around the paracentral and/or peripheral zone of the single vision correction spectacle lens as taught by Zhou, for the purpose of improving a progressive addition spectacle lens, can also improve any peripheral add-power spectacle lens.
Regarding claim 17, Piers according to calm 9 further teaches the optical microstructure (115/215) is disposed on an object-side surface and/or an eye-side surface and/or between the object-side surface and the eye-side surface of the lens (as shown at least in FIGS. FIGS. 2 and 3).
Regarding claim 18, Piers according to calm 17 further teaches the plurality of optical elements is positioned randomly (as shown at least in FIGS. FIGS. 2 and 3).
Regarding claim 19, Piers according to calm 17 further teaches the plurality of optical elements is positioned in a network (as shown at least in FIGS. FIGS. 2 and 3).
Regarding claim 20, Piers according to calm 17 further teaches the plurality of optical elements is positioned in a regular network including a grid, a honeycomb, or concentric rings (as shown at least in FIGS. FIGS. 2 and 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. TO et al. (US PUB 2019/0212580) teaches “a spectacle lens that suppresses progression of abnormal refractions (e.g., ametropia) caused by myopia and hyperopia in human eyes.”, paragraph 0001.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on (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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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
June 11, 2026
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