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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 11/8/2024. An initialed copy is attached to this Office Action.
Response to Amendment
This Office action is in response to the communication filed 11/8/2024.
The Cancellation of Claims 1-16, filed 11/8/2024, are acknowledged and accepted.
Newly submitted Claims 17-32, filed 11/8/2024, are acknowledged and accepted.
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.
Claim(s) 17-23 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morris G M (CN 1833192), hereinafter ‘192.
Regarding claim 17, ‘192 discloses a spectacle lens (10, bifocal multi-order diffraction lens (MOD)) which has at least one diffractive effect zone (18, intermediate surface) as at least a part of a viewing region of the spectacle lens (paragraph 33 discloses wherein a diffraction profile is provided on the intermediate surface 18) such that the spectacle lens comprises diffractive microstructures (19a and 19b, front and rear surface; figures 6-11 show the jagged outline) in the diffractive effect zone (paragraph 33 discloses the surfaces 19a and 19b are shaped (i.e., the diffraction profile of one surface is opposite the diffraction profile of the other surface) (see annotated figure 7 below), said microstructures generating at least one base effect in each view point of the diffractive effect zone or a myopia stopping effect which deviates therefrom, wherein the diffractive effect zone comprises a combination zone in which the diffractive microstructures generate a combination of the base effect and the myopia stopping effect simultaneously (paragraph 33 discloses the MOD structure of region 14 provides near vision correction, region 16 The MOD structure provides far vision correction).
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Regarding claim 18, ‘192 discloses wherein the myopia stopping effect in each view point of the combination zone has a shorter focal length than the base effect (paragraph 29).
Regarding claim 19, ‘192 discloses wherein the diffractive microstructures are formed in a ring-shape (crescent shape) (figures 6-11), in particular rotationally symmetrically, around a centre of the spectacle lens (paragraph 30 and figures 6-9).
Regarding claim 20, ‘192 discloses wherein the diffractive microstructures have a sawtooth shape in a cross section (figures 6-9 and paragraph 34).
Regarding claim 21, ‘192 discloses wherein the diffractive microstructures have constant step heights (figures 6-11 shows the diffraction profile which shows low and high portions in the form of steps).
Regarding claim 22, ‘192 discloses wherein the base effect and the myopia stopping effect are each brought about by a corresponding diffraction order of the light diffraction by the diffractive microstructures (paragraph 33).
Regarding claim 23, ‘192 discloses wherein the base effect and/or the myopia stopping effect is produced as the zeroth diffraction order (multi order) of the diffractive microstructures (paragraphs 17, 29, and 34).
Regarding claim 26, ‘192 discloses wherein the diffractive microstructures (19a and 19b, front and rear surface; figures 6-11 show the jagged outline) comprise, for each view point, a plurality of view points within the combination zone: a first diffractive substructure (14), which substantially generates the base effect; and a second diffractive substructure (16), which substantially generates the myopia stopping effect (paragraph 33 discloses the MOD structure of region 14 provides near vision correction, region 16 The MOD structure provides far vision correction).
Allowable Subject Matter
Claim 24-25 and 27-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to teach or fairly suggest to one of ordinary skill in the art at the time of the invention, in conjunction with all the other claimed limitation, an optical switch that switches an optical path of signal light from one to another having all the claimed features of applicant's instant invention, specifically including: in claim 24, wherein the diffractive microstructures for each view point of a plurality of view points within the combination zone have at least substantially a single periodicity, wherein the base effect and the myopia stopping effect are brought about by different diffraction orders of a diffraction grating formed thereby; in claim 27, wherein the first substructure is formed by a first periodic diffraction grating with a first grating period and a first grating amplitude, and wherein the second substructure is formed by a second periodic diffraction grating with a second grating period and a second grating amplitude, as set forth in the claims.
Aoki, Eiji (JP2011022003) discloses a measuring apparatus according to one aspect of the present invention is a measuring apparatus that measures a wavefront of light from a measured object, and includes a first reference plane and a first reference plane. The light transmitted through the half mirror 150 is reflected by the flat mirror 152 and enters the Fizeau lens 156 via the chromatic aberration correction lens 154 and the detection unit 162 can detect an interference pattern between the light reflected by the reference surface 156a and the light reflected by the reference surface. However, Aoki is silent in regards to independent phase modulation of each cell and a light detector that detects intensities reflected by the mirror and half mirror at different times.
Claim 25 and 28-32 are dependent from claim 1 and are allowable for the reasons given above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
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