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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/01/2024 has been considered by the /Examiner and made of record in the application file.
Claim Objections
Claims 1 and 10 objected to because of the following informalities:
Regarding claim 1, examiner suggests “for an eye of the wearer” and “orientations of a cylinder axis”.
Regarding claim 10, examiner suggests “wherein at least 50%[[,]] of the optical elements”.
Appropriate correction is required.
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 1-16 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.
Regarding independent claim 1, the limitation “each optical element in the subset bearing a cylinder component on a surface of the optical element” raises clarity issues. It is unclear how this limitation should be interpreted and it is unclear as to what the metes and bounds of the above claim limitations are and would be needed to meet the above claim limitations.
It is unclear whether the shape of optical element should physically have a cylindrical component to it or if the optical element just needs a cylindrical power without the shape of the optical element requiring a cylindrical component. The wording “bearing a cylinder component on a surface” indicates that the shape of the optical element is affected, however this is not shown in the drawings.
For the purposes of examination, examiner assumes “each optical element in the subset bearing a cylinder component on a surface of the optical element” can be met by any of the above options.
Claims 2-16 are dependent on claim 1 and therefore inherit the same issues.
Regarding claim 2, the limitation “the lens” in the third line lacks sufficient antecedent basis. For the purposes of examination, examiner assumes “the optical lens”. Claim 16 is dependent on claim 2 and therefore inherits the same issues.
Regarding claim 12, the limitation “the zone of optical interest” in the second line lacks sufficient antecedent basis. For the purposes of examination, examiner assumes “the zone of
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, the following must be shown or the feature(s) canceled from the claim(s):
each optical element in the subset bearing a cylinder component on a surface of the optical element
the standard deviation of orientations of the cylinder axis of each optical element included in the zone of interest is smaller than or equal to 15°
at least part of one of a front or back surface of the optical lens includes at least one layer of at least one coating element covering at least part of the surfaces on which the optical elements are placed
at least 50% of the optical elements are located between the front and back surfaces of the optical lens
the standard deviation of the orientations of the cylinder axis of the at least 50% of the optical elements is smaller than or equal to 20°
at least 20% of the optical elements have a difference of orientation of the cylinder axis smaller than or equal to 5°
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 § 102
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.
Claim(s) 1-9, 11, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (US 20220107508 A1), hereinafter Zhou.
Regarding independent claim 1, Zhou discloses an optical lens intended to be worn by a wearer comprising:
a refraction area having a refractive power based on a prescription for eye of the wearer (vision correction spectacle lens; Fig. 16A; ¶0009);
a plurality of optical elements (1610; Fig. 16A; ¶0146) having a transparent optical function of not focusing on a retina of the eye of the wearer when the optical lens is worn in standard wearing conditions (in front of the paracentral and/or peripheral retina; ¶0147; ¶0003),
a zone of interest (see modified Fig. 16A below) including a subset of the optical elements (1610), each optical element (1610) in the subset bearing a cylinder component on a surface of the optical element (1610) Fig. 16A),
wherein the zone of interest includes an optical center of the optical lens and is of at least 500 mm2 (implicit that the zone of interest can be at least 500 mm2 given the standard size of an eyeglass lens and that the zone of interest can be any shape and can be drawn to be at least 500 mm2), and
a standard deviation of the orientations of cylinder axis of each optical element (1610) included in the zone of interest is smaller than or equal to 15° with respect to a common predefined direction (implicit from Fig. 16A).
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Regarding claim 2, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses the zone of interest includes at least ten optical elements (1610) (Fig. 16A) having a transparent optical function of not focusing on the retina of the eye of the wearer when the lens is worn in standard wearing conditions (¶0003, ¶0147).
Regarding claim 3, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) have an optical function which does not focus on the retina of the eye of the a person when the optical lens is worn in standard wearing conditions (¶0003, ¶0147).
Regarding claim 4, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) have an absolute value of cylinder power greater than or equal to 0.1 D (implicit from ¶0193-¶0202 and ¶0147).
Regarding claim 5, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least part of one of a front or back surface of the optical lens includes at least one layer of at least one coating element covering at least part of the surfaces on which the optical elements (1610) are placed (optional protective over-coating; ¶0096).
Regarding claim 6, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) are located on one surface of the optical lens (¶0009).
Regarding claim 7, Zhou discloses the optical lens according to claim 1, as set forth above, Zhou further discloses at least 50% of the optical elements (1610) are located between the front and the back surfaces of the optical lens (implicit from ¶0010 which states the micro-lenses are embedded within the back portion of the lens that the optical elements (1610) can be disposed between the front and back surfaces).
Regarding claim 8, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) are refractive lenslets (micro-toric-lenses; ¶0144).
Regarding claim 9, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses the zone of interest extends radially from the optical center of the optical lens (see modified Fig. 16A; additionally implicit given that the zone of interest can be drawn with any shape).
Regarding claim 11, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) are positioned on a structured mesh, the structured mesh being a squared mesh or a honeycomb mesh or a triangle mesh or an octagonal mesh (¶0206).
Regarding claim 15, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses a ratio of a total area of the optical elements (1610) with respect to the total area of the surface of the optical lens is greater than or equal 20% and smaller than or equal to 80% (implicit from Fig. 16A).
Regarding claim 16, Zhou discloses the optical lens according to claim 2, as set forth above. Zhou further discloses at least 50% of the optical elements (1610) have an optical function which does not focus on the retina of the eye of the a person when the optical lens is worn in standard wearing conditions (¶0003, ¶0147).
Claim Rejections - 35 USC § 103
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.
Claim(s) 10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (US 20220107508 A1).
Regarding claim 10, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou does not explicitly disclose at least 50%, of the optical elements are positioned along at least five concentric rings and wherein the zone of interest extends radially over at least five of the concentric rings.
However, Zhou teaches at least 50% of the optical elements (1610) are positioned along at least three concentric rings (Fig. 16A). It would have been obvious to one of ordinary skill in the art before the effective filing date to increase the size of the optical lens, since such a modification would involve only a mere change in size of a component. Scaling up or down of an element which merely requires a change in size is generally considered as being within the ordinary skill in the art. In re Rinehart, 189 USPQ 143 (CCAP 1976). Further, 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). See MPEP 2144. One would be motivated to increase the size of the lens and add more concentric rings for the purpose of inducing myopic defocus for a larger peripheral field of view. The zone of interest can be extended to cover all of the concentric rings since the zone of interest can be drawn in any shape.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhou to have at least 50% of the optical elements positioned along at least five concentric rings for the purpose of inducing myopic defocus for a larger peripheral field of view.
Regarding claim 12, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou further discloses wherein the zone of optical interest includes the optical center of the optical lens (see modified Fig. 16A). Zhou does not explicitly disclose the zone of optical interest is of at least 1000 mm2.
However, scaling up or down of an element which merely requires a change in size is generally considered as being within the ordinary skill in the art. In re Rinehart, 189 USPQ 143 (CCAP 1976). See MPEP 2144. One can make the optical lens bigger and extend the zone of interest to be at least 1000 mm2 for the purpose of inducing myopic defocus for a larger peripheral field of view.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhou to have the zone of optical interest be of at least 1000 mm2 for the purpose of inducing myopic defocus for a larger peripheral field of view and since scaling up or down of an element which merely requires a change in size is generally considered as being within the ordinary skill in the art.
Regarding claim 13, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou does not explicitly disclose the standard deviation of the orientations of the cylinder axis of the at least 50% of the optical elements is smaller than or equal to 20° with respect to a common predefined direction.
However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955), see MPEP 2144.05. In this case Zhou has all the claimed elements of an optical lens, fulfilling the general conditions of the claim. One would be motivated to modify the orientations of the cylinder axis of the optical elements for the purpose of having the optimal distribution of the optical elements to optically induce paracentral and/or peripheral myopic defocus on the retina (¶0003, ¶0206).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhou to have the standard deviation of the orientations of the cylinder axis of the at least 50% of the optical elements be smaller than or equal to 20° for the purpose of having the optimal distribution of the optical elements to optically induce paracentral and/or peripheral myopic defocus on the retina (¶0003, ¶0206).
Regarding claim 14, Zhou discloses the optical lens according to claim 1, as set forth above. Zhou does not explicitly disclose at least 20% of the optical elements have a difference of orientation of the cylinder axis with respect to a common predefined direction smaller than or equal to 5°.
However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955), see MPEP 2144.05. In this case Zhou has all the claimed elements of an optical lens, fulfilling the general conditions of the claim. One would be motivated to modify the orientations of the cylinder axis of the optical elements for the purpose of having the optimal distribution of the optical elements to optically induce paracentral and/or peripheral myopic defocus on the retina (¶0003, ¶0206).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhou to have at least 20% of the optical elements have a difference of orientation of the cylinder axis with respect to a common predefined direction smaller than or equal to 5° for the purpose of having the optimal distribution of the optical elements to optically induce paracentral and/or peripheral myopic defocus on the retina (¶0003, ¶0206).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Varnas et al. (US 20230161177 A1) and Bakaraju (US 20220326547 A1) disclose similar lenses for addressing myopia progression.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA NIGAM whose telephone number is (571)270-5423. The examiner can normally be reached Monday - Friday 8-5.
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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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/NATASHA NIGAM/Examiner, Art Unit 2872 June 15th, 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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