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 .
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 1-12 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.
With respect to claim 1 and 7, the limitation “for example a contact lens such as a soft contact lens” is indefinite as to the metes and bounds of the claim. It is unclear if a contact lens is essential or if a soft contact lens is further essential to define “an ophthalmic lens”. The inclusion of “for example” implies that the applicant wants the term “ophthalmic lens” interpreted in a certain way. The phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Clarification is required.
With respect to claim 1 and 7, the limitation “positioning the inspection cuvette (1) in the handling position without subsequently pivoting the inspection cuvette anymore” is unclear. There is a lack of antecedent basis since there is no step of “pivoting the inspection cuvette” such that it can not be performed “anymore”. Clarification is required.
With respect to claim 6 and 12, the limitation “suction openings” lacks antecedent basis.
With respect to claim 6 and 12, the limitations describing calculating the threshold eccentricity are unclear. rT denotes the radius of a circle that extends about the central longitudinal gripper axis…with the suction openings in the convex distal end of the transfer gripper being arranged along the said circle. However, this circle is not fully defined such that one of ordinary skill in the art could determine which circle is meant. There are many circles with various radii that could be implied by that limitation. Additionally, the radius of the suction openings could mean the size of each individual hole or across all the holes. Further clarification is necessary in order to understand this claim.
With respect to claim 8 and 9, the limitation describing a “transfer gripper” that “after receipt of the signal triggering the transfer of the lens….and for releasing the lens from the transfer gripper…” and a suction tube “for sucking…after receipt of the signal…” are unclear if it is a method or apparatus limitation. The claim is an apparatus according the to the preamble. However, the limitation describes various steps the gripper and suction performs or is intended to perform. It is unclear if the apparatus is infringed upon when these steps are performed or when the gripper and suction exists without actually performing the steps of the sending a signal to trigger all the intended functions. Clarification is required.
The balance of claims are likewise rejected for failing to correct the deficiencies of the claims upon which they depend.
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) 1-5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Paulus U.S. Publication 2023/0196547 in view of Morely U.S. Patent #9,995,570 and further in view of Clements U.S. Publication 2016/0200057.
With respect to claim 1, Paulus discloses a method of handling an ophthalmic lens at a transfer station (P.0008) comprising:
where the lens contained in an inspection cuvette (1) and immersed in an inspection liquid (L) is arranged at an actual position relative to a concave inner surface (140) of a bottom glass (14) of the inspection cuvette (1) for being transferred from the inspection cuvette (1) to a primary packaging container (P.0029, P.0059)
wherein the concave inner surface (140) of the bottom glass (14) forms a lower boundary of an interior space (10) of the inspection cuvette (1) (P.0029, P.0062, Figure 2)
wherein the inspection cuvette (1) further comprises a flat top viewing glass (13) forming an upper boundary of the interior space (10) of the inspection cuvette (1), the flat top viewing glass (13) being arranged such that an optical axis (OA) running normal to the flat top viewing glass (13) runs through the center of the concave inner surface (140) of the bottom viewing glass (14) (Figure 2, P.0060)
wherein the inspection cuvette (1) is pivotally arranged between an inspection position for inspecting the lens, and a handling position in which the lens may be inserted into and removed from the interior space (10) of the inspection cuvette (1) (P.0059 but not limiting on the method)
wherein the inspection cuvette (1) further comprises a handling channel (11) which is connected at a first end thereof with the interior space (10) and at a second end thereof comprises a handling opening (12) allowing a transfer gripper (2) to be inserted through the handling channel (11) to a predetermined lens pick-up position above a predetermined set transfer position of the lens when the cuvette (1) is in the handling position (Figure 2, P.0059)
the method comprising the steps of: - positioning the inspection cuvette (1) in the handling position without subsequently pivoting the inspection cuvette (1) anymore (P.0060)
through the viewing glass (13) obtaining, along the optical axis (OA), an image of the lens arranged at the actual position relative to the concave inner surface (140) of the bottom glass (14) (P.0061, Figure 8, P.0067)
from the so obtained image of the lens at the actual position determining a deviation of the actual position of the lens from the predetermined set transfer position; - comparing the deviation of the actual position of the lens from the predetermined set transfer position with a predetermined maximum deviation (P.0067, deviation = registration function, P.0073)
However, Paulus fails to disclose using the image and deviation to determine that the lens is arranged at a proper transfer position or not and then proceeding accordingly.
Morely U.S. Patent #9,995,570 discloses an ophthalmic lens inspection station comprising:
through the viewing glass (13) obtaining, along the optical axis (OA), an image of the lens arranged at the actual position relative to the concave inner surface (140) of the bottom glass (14) (Figure 3, S310, S320, )
from the so obtained image of the lens at the actual position determining a deviation of the actual position of the lens from the predetermined set transfer position; - comparing the deviation of the actual position of the lens from the predetermined set transfer position with a predetermined maximum deviation (Figure 3, S330, S340, Col.11, l 25-35, Col.14, l 11-16)
determining that the lens is arranged at a proper transfer position when the deviation of the actual position from the predetermined set transfer position is less than the predetermined maximum deviation (Figure 4, move onto s450 indicates deviation is less than maximum, Col.11, l 25-35)
otherwise determining that the lens is not arranged at the proper transfer position (Figure 4, S430A-S430C wherein these steps are repeated if deviation is greater than maximum deviation, Col.11, l 25-35)
It would have been obvious to one of ordinary skill in the art at the time of the invention to determine via images that center of the lens in relation to the expected position and to determine the deviation between the expected and actual positions as in Morely for the lens handling system of Paulus. Paulus takes images and compares offset between images so is capable of analyzing those same images with respect to an offset of an actual center (i.e. between reference marks). Clements U.S. Publication 2016/0200057 discloses that for lens transfer from inspection to primary packaging, it is important to ensure the lens is centered in a well so that it can be accurately picked up by the carrier and transferred to primary packaging (P.0004, P.0027, abstract). One of ordinary skill in the art would recognize that the image centering of Morely in the system of Paulus allows for a more accurately centered lens resulting in a more accurate pick up as motivated by Clements.
It would naturally follow that if the lens is properly centered (within a small deviation from the expected center) then it can be picked up and if not, then it should not be picked up as this is common sense.
With respect to claim 2 and 3, Paulus in view of Morely and Clements disclose all of the limitations as applied to claim 1 above. However, Paulus is silent with respect to the steps after inspection.
Clements discloses an automated system for producing ophthalmic lenses comprising:
wherein in case the lens is determined to be arranged at the proper transfer position - inserting a transfer gripper (2) through the handling channel (11) to the predetermined lens pick-up position; - picking the lens up at the proper transfer position by the transfer gripper (2) to make the lens adhere to the transfer gripper (2); - removing the transfer gripper (2) with the lens adhered thereto from the inspection cuvette (1) and moving it to the primary packaging container, - releasing the lens from the transfer gripper (2) into the primary packaging container (P.0027, P.0045, P.0048, P.0051, P.0053)
It would have been obvious to one of ordinary skill in the art at the time of the invention that after the lenses of Paulus are inspected they are moved to blister packs as in Clements for sealing and transferring since that is the traditional process for ophthalmic lenses and allows inspected lenses to be packaged for selling.
Additionally, it would have been obvious to one of ordinary skill in the art at the time of the invention that if the lens is not in a proper position, it would not be picked up and that means that eventually it would be washed out of the cuvette. Not picking up ill located lenses prevents lenses that are not placed as expected into the packaging and reduces defects (P.0053)
With respect to claim 4 and 5, Paulus in view of Morely and Clement disclose all of the limitations as applied to claim 1 above. In addition, Paulus discloses:
Wherein the deviation of the action position of the lens from the predetermined set transfer position is determined by determining a value representative of the eccentricity of the actual position of the lens relative to the predetermined set transfer position (P.0067, deviation = registration function, P.0073, it should be noted that in the applicant’s specification, eccentricity is defined as distance of center of lens to predetermined set position)
The lens is determined to be arranged at a proper transfer position in case of the eccentricity of the actual position of the lens relative to the predetermined set transfer position is less than a predetermined threshold eccentricity, otherwise the lens is determined not to be at a proper transfer position ((P.0067, deviation = registration function, P.0073)
With respect to claim 7, Paulus discloses a method of handling an ophthalmic lens at a transfer station (P.0008) comprising:
where the lens contained in an inspection cuvette (1) and immersed in an inspection liquid (L) is arranged at an actual position relative to a concave inner surface (140) of a bottom glass (14) of the inspection cuvette (1) for being transferred from the inspection cuvette (1) to a primary packaging container (P.0029, P.0059)
wherein the concave inner surface (140) of the bottom glass (14) forms a lower boundary of an interior space (10) of the inspection cuvette (1) (P.0029, P.0062, Figure 2)
wherein the inspection cuvette (1) further comprises a flat top viewing glass (13) forming an upper boundary of the interior space (10) of the inspection cuvette (1), the flat top viewing glass (13) being arranged such that an optical axis (OA) running normal to the flat top viewing glass (13) runs through the center of the concave inner surface (140) of the bottom viewing glass (14) (Figure 2, P.0060)
wherein the inspection cuvette (1) is pivotally arranged between an inspection position for inspecting the lens, and a handling position in which the lens may be inserted into and removed from the interior space (10) of the inspection cuvette (1) (P.0059 but not limiting on the method)
wherein the inspection cuvette (1) further comprises a handling channel (11) which is connected at a first end thereof with the interior space (10) and at a second end thereof comprises a handling opening (12) allowing a transfer gripper (2) to be inserted through the handling channel (11) to a predetermined lens pick-up position above a predetermined set transfer position of the lens when the cuvette (1) is in the handling position (Figure 2, P.0059)
the apparatus comprising: - a camera (4) arranged along the optical axis (OA) for recording, through the viewing glass (13), an image of the lens at the actual position relative to the concave inner surface (140) of the bottom glass (14) of the inspection cuvette (1) when the inspection cuvette (1) is in the handling position and is subsequently not pivoted anymore (P.0061, Figure 8, P.0067, camera = camera)
a processor configured to from the image of the lens at the actual position determining a deviation of the actual position of the lens from the predetermined set transfer position, compare the deviation of the actual position of the lens from the predetermined set transfer position with a predetermined maximum deviation (P.0067, deviation = registration function, P.0073)
However, Paulus fails to disclose using the image and deviation to determine that the lens is arranged at a proper transfer position or not and then proceeding accordingly.
Morely U.S. Patent #9,995,570 discloses an ophthalmic lens inspection station comprising:
through the viewing glass (13) obtaining, along the optical axis (OA), an image of the lens arranged at the actual position relative to the concave inner surface (140) of the bottom glass (14) (Figure 3, S310, S320, )
from the so obtained image of the lens at the actual position determining a deviation of the actual position of the lens from the predetermined set transfer position; - comparing the deviation of the actual position of the lens from the predetermined set transfer position with a predetermined maximum deviation (Figure 3, S330, S340, Col.11, l 25-35, Col.14, l 11-16)
determine that the lens is arranged at a proper transfer position when the deviation of the actual position from the predetermined set transfer position is less than the predetermined maximum deviation (Figure 4, move onto s450 indicates deviation is less than maximum, Col.11, l 25-35)
otherwise determine that the lens is not arranged at the proper transfer position (Figure 4, S430A-S430C wherein these steps are repeated if deviation is greater than maximum deviation, Col.11, l 25-35)
It would have been obvious to one of ordinary skill in the art at the time of the invention to determine via images that center of the lens in relation to the expected position and to determine the deviation between the expected and actual positions as in Morely for the lens handling system of Paulus. Paulus takes images and compares offset between images so is capable of analyzing those same images with respect to an offset of an actual center (i.e. between reference marks). Clements U.S. Publication 2016/0200057 discloses that for lens transfer from inspection to primary packaging, it is important to ensure the lens is centered in a well so that it can be accurately picked up by the carrier and transferred to primary packaging (P.0004, P.0027, abstract). One of ordinary skill in the art would recognize that the image centering of Morely in the system of Paulus allows for a more accurately centered lens resulting in a more accurate pick up as motivated by Clements.
With respect to claim 8, Paulus in view of Morely and Clements discloses all of the limitations as applied to claim 7 above. In addition, Paulus discloses:
A transfer gripper arranged to be inserted and removed from the interior space of the inspection cuvette through the handling channel to the predetermined lens pick-up position (P.0060, Figure 2, gripper)
With respect to claim 9, Paulus in view of Morely and Clements discloses all of the limitations as applied to claim 7 above. In addition, Clements discloses:
A suction tube arranged to be inserted into the interior space of the inspection cuvette through the handing channel to a predetermined sucking position (P.0035, pickup head 64)
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the suction tube of Clements for the removal of fluid and the lens of Paulus since the suction tube of Clements are designed to more accurately pick up the lens without contacting the lens and risking damage (P.0034, P.0035)
With respect to claim 10 and 11, Paulus in view of Morely and Clement disclose all of the limitations as applied to claim 1 above. In addition, Paulus discloses:
Wherein the deviation of the action position of the lens from the predetermined set transfer position is determined by determining a value representative of the eccentricity of the actual position of the lens relative to the predetermined set transfer position (P.0067, deviation = registration function, P.0073, it should be noted that in the applicant’s specification, eccentricity is defined as distance of center of lens to predetermined set position)
The lens is determined to be arranged at a proper transfer position in case of the eccentricity of the actual position of the lens relative to the predetermined set transfer position is less than a predetermined threshold eccentricity, otherwise the lens is determined not to be at a proper transfer position ((P.0067, deviation = registration function, P.0073)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached at 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA C BRYANT/Primary Examiner, Art Unit 2877
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