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 .
Response to Amendment
Applicant amendment filed 03/02/2026 has been entered and is currently under consideration. Claims 1-16 and 23-26 remain pending in the application.
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 and 23-26 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.
In claims 1, 23, and 26, it is not clear if the protrusions and the refractive microstructures are different or the same structure.
In claims 1, 23, and 26, it is not clear if the curing or pinning of the first curable material in ln 10, 01, and 11, respectively, is referring to the layer of a first curable material, the additional amount of the first curable material, or both.
Claims 1, 23, and 26 recites the limitation "the protrusions" in ln 11, 11, and 10, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 23, and 26 recites the limitation "the curing or pinning" in ln 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 23, and 26 recite a step of “flattening the initial curve by a material transport process”. However, the claims go on to recite “curing or pinning the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material before protrusions formed by the additional amount of the first curable material or the amount of the second curable material have settled by material transport processes within the liquid or viscous material in the layer of the first curable material“ and “commencing the curing or pinning after the protrusions are initially formed and while the initial curvature flattens”. It is not clear how the protrusions can be cured or pinned before settling if the claim also requires flattening the initial curve by a material transport process and curing or pinning while the initial curvature flattens, as these steps are mutually exclusive.
Claims 1, 23, and 26 recites the limitation "the controlled increase in viscosity of the curable material". There is insufficient antecedent basis for this limitation in the claim.
See examiner’s recommendations below for overcoming the 112 rejection.
All claims dependent on the above rejected claims are rejected as well because they include all the limitations of the rejected claims.
Allowable Subject Matter
Claims 1-16 and 23-26 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following claims drafted by the examiner and considered to distinguish patentably over the art of record in this application, claims 1, 23, and 26 presented to applicant for consideration:
(Note use of the claim term “coalesced” which is defined in [0027] of applicant specification)
Claim 1: A method of providing refractive microstructures on a surface of a spectacle lens body in which the refractive microstructures are formed on the surface by an additive manufacturing process, in which the refractive microstructures are formed by applying a curable material selected from the group consisting of a liquid or viscous curable material and curing the curable material, wherein the additive manufacturing process comprises:
forming a layer of a first curable material of the curable material;
applying an additional amount of the first curable material or an amount of a second curable material of the curable material at locations at which the refractive microstructures shall be formed before curing or pinning the layer of the first curable material to form protrusions with an initial curvature prior to the curing or pinning;
flattening the initial curvature by a material transport process;
commencing of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material;
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature bya controlled increase in viscosity of the curable material, the initial curvature being greater than the final curvature.
Claim 23: A method of providing refractive microstructures on a surface of a spectacle lens body in which the refractive microstructures are formed on the surface by an additive manufacturing process, in which the refractive microstructures are formed by applying a curable material selected from the group consisting of a liquid or viscous curable material and curing the curable material, wherein the additive manufacturing process comprises:
forming a layer of a first curable material of the curable material;
applying an additional amount of the first curable material or an amount of a second curable material of the curable material at locations at which the refractive microstructures shall be formed before curing or pinning the layer of the first curable material to form protrusions with an initial curvature prior to the curing or pinning;
flattening the initial curvature by a material transport process;
commencing of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material;
controlling a time until the pinning or curing starts and the time given for pinning or curing the material of the layer of the first curable material and the protrusions; and
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material, the initial curvature being greater than the final curvature.
Claim 26: A method of providing refractive microstructures on a surface of a spectacle lens body in which the refractive microstructures are formed on the surface by an additive manufacturing process, in which the refractive microstructures are formed by applying a curable material selected from the group consisting of a liquid or viscous curable material and curing the curable material, wherein the additive manufacturing process comprises:
forming a layer of a first curable material of the curable material
applying an additional amount of the first curable material or an amount of a second curable material of the curable material at locations at which the refractive microstructures shall be formed before curing or pinning the layer of the first curable material to form protrusions with an initial curvature prior to the curing or pinning;
flattening the initial curvature by a material transport process;
commencing of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material;
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping the material transport processes bya controlled increase in viscosity of the curable material, the initial curvature being greater than the final curvature.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1 Biteau et al. (US2023/0161078 of record) hereinafter Biteau teaches:
A method of providing refractive microstructures on a surface of a spectacle lens body (Fig 2a: base lens 12, optical element 30 ; [0045, 0065, 0068))
Biteau does not teach:
the refractive microstructures are formed on the surface by an additive manufacturing process, in which the refractive microstructures are formed by applying a curable material selected from the group consisting of a liquid or viscous curable material and curing the curable material, wherein the additive manufacturing process comprises:
forming a layer of a first curable material of the curable material;
applying an additional amount of the first curable material or an amount of a second curable material of the curable material at locations at which the refractive microstructures shall be formed before curing or pinning the layer of the first curable material to form protrusions with an initial curvature prior to the curing or pinning;
flattening the initial curvature by a material transport process;
commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material, the initial curvature being greater than the final curvature.
In the same field of endeavor regarding lenses, Van De Vrie et al. (US2015/0086754 of record) hereinafter Van De Vrie teaches forming optical elements by an additive manufacturing process, in which the refractive microstructures are formed by applying a curable material selected from the group consisting of a liquid or viscous curable material and curing the curable material ([0006, 0015]), wherein the additive manufacturing process comprises:
forming a layer of a first curable material of the curable material (Fig 1a-d: droplets 6; [0026]);
applying an additional amount of the first curable material or an amount of a second curable material of the curable material at locations at which the optical elements shall be formed before curing or pinning the layer of the first curable material to form protrusions with an initial curvature prior to the curing or pinning (Fig 1a-d: droplets 6’, 6’’; [0026-0027]);
flattening the initial curvature by a material transport process (Fig 1a-d; [0027]);
commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material ([0014-0015, 0027]); and
finally forming the optical elements by achieving a final curvature of the protrusions as a flattened curvature by a controlled increase in viscosity of the curable material, the initial curvature being greater than the final curvature (Fig 1a-d; [0027]).
Neither Biteau nor Van De Vrie teaches commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material.
Therefore the prior art fails to teach or suggest commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material in combination with the remaining claimed subject matter.
Since the prior art of record fails to teach or suggest each and every limitation of the claim, the claim is indicated for allowable subject matter.
Claims 2-16 are indicated for allowable subject matter due to dependency on claim 1.
Claim 23 recites similar subject matter to claim 1 with the addition of controlling a time until the pinning or curing starts and the time given for pinning or curing the material of the layer of the first curable material and the protrusions.
Xue et al. (US2013/0092229 of record) hereinafter Xue teaches controlling the shapes, sizes, patterns and overlap of optical elements by controlling: the resins rate of curing and the time period between deposition of the feature and irradiation.
Xue does not teach commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material.
Therefore the prior art fails to teach or suggest commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping a flattening of the curvature by a controlled increase in viscosity of the curable material in combination with the remaining claimed subject matter.
Since the prior art of record fails to teach or suggest each and every limitation of the claim, the claim is indicated for allowable subject matter.
Claims 24-25 are indicated for allowable subject matter due to dependency on claim 23.
Claim 26 recites similar subject matter to claim 1, but differs in that the claim requires achieving a final curvature of the protrusions as a flattened curvature by stopping the material transport processes by the controlled increase in viscosity of the curable material.
The prior art of record does not teach commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and
finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping the material transport processes by a controlled increase in viscosity of the curable material.
Therefore the prior art fails to teach or suggest commencing curing or pinning of the layer of the first curable material with the additional amount of the first curable material or with the amount of the second curable material after the protrusions are initially formed while the initial curvature flattens and before the protrusions have completely coalesced by material transport processes within the liquid or viscous material in the layer of the first curable material; and finally forming the refractive microstructures by achieving a final curvature of the protrusions as a flattened curvature by stopping the material transport processes by a controlled increase in viscosity of the curable material in combination with the remaining claimed subject matter.
Since the prior art of record fails to teach or suggest each and every limitation of the claim, the claim is indicated for allowable subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER A WANG whose telephone number is (571)272-5361. The examiner can normally be reached M-Th 8 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER A WANG/ Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741