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 .
Election/Restrictions
Applicant's election with traverse of Group II in the reply filed on 8/26/2026 is acknowledged. The traversal is on the ground(s) that the subject matter of all claims is sufficiently related such that a thorough search for the subject matter of any one Group of claims would encompass a search for the subject matter of the remaining claims. This is not found persuasive because the first group is drawn to a method claim including modeling steps with multiple models and steps which are not included in the second group, and the second group is an apparatus claim which includes range limitations which are not present in the first group.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/26/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed on 11/12/2024, 2/27/2025, 6/17/2026, 7/17/2026 have been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the functional region" in line 7 of the claim after “an annular functional region” in line 6 of the claim. There is insufficient antecedent basis for this limitation in the claim. This rejection could be overcome if either “the annular functional region” in line 6 is amended to say “a functional region”, or “the functional region” in all instances is amended to say “the annular functional region”.
Regarding claims 12-14 and 17, claims state ranges including a value “a” in the third line of each claim 12-14 and lines 3-7 of claim 17 but does not give a definition for the value in any of the claims. This renders this range unclear as the bounds of the range are not sufficiently specified in the claims. According to instant paragraph 0212, ‘a’ is a unit fourth-order aspheric amount used for adjusting the scale, or the aspherical coefficient of the spectacle lens. Since this definition is not in the claims, one of ordinary skill in the art would not be apprised as to the scope of the invention (MPEP §2173.05(b)). For purposes of compact prosecution, examiner will interpret “a” to be the aspherical coefficient of the spectacle lens. Examiner suggests including this definition in at least claim 12 for clarity if this rejection is to be overcome.
Regarding claims 14 and 17, claims state that the value c in the region H satisfies the formula |(Cs+a*As)-(Ct+a*At)|≤0.25 in all lines of claim 14 and lines 1-2 and 5 of claim 17. This limitation is unclear as the value c in region H is not present in this range at all. How can a value meet a specific range if the value is not considered within any of the values of the range at all? Due to these limitations, one of ordinary skill in the art would not be apprised as to the scope of the invention (MPEP §2173.05(b)). For purposes of compact prosecution, so long as the range of 2Cs+2a*As-2Ct-a*At-0.25≤c≤Ct+a*At+0.25 of claim 12 is met for claim 14 and the range 2Cs-Ct-0.25≤c≤Ct+0.25 of claim 1 is met for claim 17, this range will necessarily be met as well.
Also, claims 11, 15-16, and 18 are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10-18, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guillot et. al US 20200393702 (hereinafter “Guillot”).
Regarding claim 10, Guillot teaches a spectacle lens that has an effect of inhibiting a progression of myopia or reducing hyperopia, the spectacle lens including:
a central clear region that is a region including an eye point (Guillot fig. 1 – 16, see also para. 0086-0088), which causes a light beam entering from an object-side surface to exit from an eyeball-side surface, enter a wearer's pupil, and converge on a retina, to achieve a prescribed refractive power (Guillot para. 0086-0088, 0103); and
an annular functional region (Guillot fig. 1 - 14) surrounding the central clear region (Guillot fig. 1 – 14 surrounds 16),
the functional region (14) including:
a base region that allows a light beam entering from the object-side surface to exit from the eyeball-side surface (Guillot para. 0202 – spherical front surface which the micro-lenses are placed on), enter the wearer's pupil, and converge on the retina to achieve the prescribed refractive power (Guillot para. 0202); and
an on-retinal non-convergence region that allows the light beam entering from the object-side surface to exit from the eyeball-side surface (Guillot fig. 1 - 14), while not allowing the light beam to enter the wearer's pupil to converge on the retina (Guillot para. 0106-0112 – the non-contiguous optical elements 14 have do not have a single focus point),
wherein in a planar view, an outer edge of the functional region is larger than a circle centering on the eyepoint and having a diameter of 35 mm (Guillot para. 0173 – diameter values range between 20 mm and 57 mm), and
a base curve value c [unit: diopter (D)] which is a curvature of a surface in a region H where the on-retinal non-convergence region is not provided on the object-side surface (Guillot para. 0202 – (1/0.3295 m ≈ 3.04D) satisfies the following formula:
2Cs-Ct-0.25≤c≤Ct+0.25 (using the calculated values for Cs and Ct, as well as calculating c for para. 0202, 1.17≤3.04≤4.51)
Cs=11.4(N-1)+0.65S (Guillot para. 0202 – contains a typographical error stating “6D” for the optical power, which should state “-6D” for proper myopia control as stated in para. 0124, N = 1.591 and S = -6D, Cs ≈ 2.84)
Ct=13.8(N-1)+0.65S (Guillot para. 0202 – contains a typographical error stating “6D” for the optical power, which should state “-6D” for proper myopia control as stated in para. 0124, N = 1.591 and S = -6D, Ct ≈ 4.26)
N: refractive index of spectacle lens
S: horizontal refractive power in region H.
Regarding claim 11, Guillot teaches the spectacle lens according to claim 10, and Guillot further teaches wherein the value c in the region H satisfies the following formula:
Cs-0.25≤c≤Ct+0.25 (Guillot para. 0202, 2.59≤3.04≤4.51).
Regarding claim 12, Guillot teaches the spectacle lens according to claim 11, and Guillot further teaches wherein the value c in the region H satisfies the following formula:
2Cs+2a*As-2Ct-a*At-0.25≤c≤Ct+a*At+0.25 (Guillot claim 3 and para. 0202 – the microlenses of Guillot may be aspherical, but the lens element itself has a spherical front surface, therefore a = 0, so -3.09≤3.04≤4.51)
As=(24.9+1.96S)(N-1)^2 (Guillot para. 0202, S = -6D, N = 1.591, As ≈ 4.59)
At=(9.7+0.65S)(N-1)^2 (Guillot para. 0202, S = -6D, N = 1.591, At ≈ 2.02).
Regarding claim 13, Guillot teaches the spectacle lens according to claim 12, and Guillot further teaches wherein the value c in the region H satisfies the following formula:
Cs+a*As-0.25≤c≤Ct+a*At+0.25 (Guillot para. 0202 – a = 0, 2.59≤3.04≤4.51).
Regarding claim 14, Guillot teaches the spectacle lens according to claim 12, and Guillot further teaches wherein the value c in the region H satisfies the following formula:
|(Cs+a*As)-(Ct+a*At)|≤0.25 (Guillot c meets the range of claim 12 as seen above, therefore this limitation is necessarily met).
Regarding claim 15, Guillot teaches the spectacle lens according to claim 10, and Guillot further teaches wherein in a planar view, the central clear region (16) is sized to encompass a circle having a diameter of 4 mm centered on an eye point, and is sized to be encompassed within a circle having a diameter of 16 mm centered on the eye point (Guillot para. 0088 – 16 has a diameter greater than or equal to 4 mm and smaller than or equal to 22 mm).
Regarding claim 16, Guillot teaches the spectacle lens according to claim 15, and Guillot further teaches wherein an area of the on-retinal non-convergence region (14) in a planar view in the functional region is 20% or more and 80% or less of an entire functional region (Guillot para. 0028 – teaches a range 20% to 70% which lies within the claimed range – which is an overlapping range of sufficient specificity (MPEP §2131.03)).
Regarding claim 17, Guillot teaches the spectacle lens according to claim 16, and Guillot further teaches wherein the value c in the region H satisfies the following formula:
Cs-0.25≤c≤Ct+0.25 (Guillot para. 0202, 2.59≤3.04≤4.51)
Cs+2a*As-0.25≤c≤Ct+a*At+0.25 (Guillot para. 0202 – a = 0, 2.59≤3.04≤4.51)
|(Cs+a*As)-(Ct+a*At)|≤0.25 (Guillot meets the range of 2Cs-Ct-0.25≤c≤Ct+0.25 as shown in the rejection of claim 1 above, therefore this range is necessarily met)
As=(24.9+1.96S)(N-1)^2 (Guillot para. 0202, S = -6D, N = 1.591, As ≈ 4.59)
At=(9.7+0.65S)(N-1)^2.
Regarding claim 18, Guillot teaches a pair of eyeglasses including the spectacle lens according to claim 10 and a frame (see rejection over claim 1 above, see also para. 0068 – a lens element may be edged to fit a specific spectacle frame).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guillot et. al US 11852904, patent of Guillot et. al US 20200393702;
Lau et. al US 20180275427, details a lens with lenslets for preventing and/or slowing the progression of myopia;
Hamlaoui et. al US 20230314837, teaches a lens similar to the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872
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