DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/18/2025 has been by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 2 and 4-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 7-15 of U.S. Patent No. 12,210,229 B2 in view of Lulino (US Patent Publication Number 2008/0231799 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the reference application both claim the following:
Instant Application 18/976846
US 12,210,229 B2
Limitations that are obvious
Claim 1. An accommodating contact lens comprising: an optical chamber; an eyelid-engaging chamber coupled to the optical chamber; and one or more channels extending between the optical chamber and the eyelid-engaging chamber; wherein a soft contact lens material extending over the eyelid engaging chamber (see secondary reference below) is arranged to be selectively engaged with an eyelid to provide a liquid to the optical chamber via the one or more channels (see element (1) in limitations that are obvious section) and provide incremental increases in optical power of the optical chamber; wherein the liquid within the optical chamber and the eyelid-engaging chamber provides a deflection of an upper membrane of the optical chamber and an upper membrane of the eyelid-engaging chamber in order to facilitate fluidic communication and responsiveness between the optical chamber and the eyelid-engaging chamber.
Claim 1. An accommodating contact lens comprising: an optical chamber; an eyelid-engaging chamber coupled to the optical chamber; and one or more channels extending between the optical chamber and the eyelid-engaging chamber; wherein a soft contact lens material is arranged to be selectively engaged with an eyelid in order to provide incremental increases in optical power; wherein top and bottom surfaces of the accommodating contact lens extend over the optical chamber and the eyelid-engaging chamber; wherein a liquid within the optical chamber and the eyelid-engaging chamber provides a deflection of an upper membrane of the optical chamber and an upper membrane of the eyelid- engaging chamber in order to facilitate fluidic communication and responsiveness between the optical chamber and the eyelid-engaging chamber (a).
(1) The channels provide a liquid to the optical chamber since the claim already discloses one or more channels extending between the optical chamber and the eyelid-engaging chamber and that fluid is facilitated between the optical chamber and the eyelid-engaging chamber (See (a) in the claim of Patent No. 12,210,229 B1).
Claim 2. The accommodating contact lens as in claim 1, further comprising a flange extending around the optical chamber, the flange comprising a first material, the flange connected to the optical chamber to couple to a second material comprising hydrogel.
Claim 2. The accommodating contact lens as in claim 1, further comprising a flange extending around the optical chamber and the eyelid engaging chamber, the flange comprising a first material and one or more anchors, the one or more anchors connected to the optical chamber and the eyelid engaging chamber to couple an optical zone and the eyelid engaging chamber to a second material comprising hydrogel.
Claim 4. The accommodating contact lens as in claim 2, wherein one or more anchors comprises a plurality of openings formed in the flange and wherein the second material comprising hydrogel extends through the plurality of openings.
Claim 4. The accommodating contact lens as in claim 2, wherein the one or more anchors comprises a plurality of openings formed in the flange and wherein the second material comprising hydrogel extends through the plurality of openings.
Claim 5. The accommodating contact lens as in claim 1, wherein an accommodation module is encapsulated within a soft contact lens material.
Claim 8. The accommodating contact lens as in claim 1, wherein an accommodation module is encapsulated within the soft contact lens material.
Claim 6. The accommodating contact lens as in claim 5, wherein the accommodation module comprises a sealed module, the sealed module comprising, the optical chamber, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion, an upper membrane and a lower membrane coupled to the upper portion and the lower portion, respectively, so as to define the optical chamber.
Claim 9. The accommodating contact lens as in claim 8, wherein the accommodation module comprises a sealed module, the sealed module comprising, the optical chamber, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion, an upper membrane and a lower membrane coupled to the upper portion and the lower portion, respectively, so as to define the optical chamber, and wherein a plurality of eyelid-engaging chambers comprises a fluid.
Claim 7. The accommodating contact lens as in claim 1, wherein a geometrical center of an optic of the soft contact lens material is co-linear with a geometrical center of the optical chamber.
Claim 10. The accommodating contact lens as in claim 1, wherein a geometrical center of an optic of the soft contact lens material is co-linear with a geometrical center of the optical chamber.
Claim 8. The accommodating contact lens as in claim 1, wherein an index of refraction of a fluid in the optical chamber is within a range from about 1.44 to 1.55 and top and bottom surfaces of the accommodating contact lens comprise a similar index of refraction to within about 0.05.
Claim 11. The accommodating contact lens as in claim 1, wherein an index of refraction of a fluid in the optical chamber is within a range from about 1.44 to 1.55 and the top and bottom surfaces of the accommodating contact lens comprise a similar index of refraction to within about 0.05.
Claim 9. The accommodating contact lens as in claim 1, wherein the optical chamber comprises an internal diameter within a range from about 3 mm to about 5 mm.
Claim 12. The accommodating contact lens as in claim 1, wherein the optical chamber comprises an internal diameter within a range from about 3 mm to about 5 mm.
Claim 10. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure comprises one or more of a ring, an oval or an annulus extending around the optical chamber.
Claim 13. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure comprises one or more of a ring, an oval or an annulus extending around the optical chamber.
Claim 11. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure defines a maximum dimension across the optical chamber and wherein the maximum distance across the optical chamber remains substantially fixed when a curvature of one or more of the upper or lower surfaces increases to provide increased optical power.
Claim 14. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure defines a maximum dimension across the optical chamber and wherein the maximum distance across the optical chamber remains substantially fixed when a curvature of one or more of the upper or lower surfaces increases to provide increased optical power.
Claim 12. The accommodating contact lens as in claim 2, wherein the flange defines an outer perimeter extending around the optical chamber and the eyelid-engaging chamber.
Claim 7. The accommodating contact lens as in claim 2, wherein the flange defines an outer perimeter extending around the optical chamber and the eyelid-engaging chamber.
U.S. Patent No. 12,210,229 B2 fails to teach wherein a soft contact lens material extending over the eyelid engaging chamber. In a related art, Lulino teaches wherein a soft contact lens material (12, ¶0035 “an upper section 12 that has the same optical characteristics as a traditional soft contact lens”) extending over the eyelid engaging chamber (16; ¶0035 “the eyelid 34 presses on the reservoir 16”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified an accommodating contact lens, as taught by U.S. Patent No. 12,210,229 B1, with the soft contact lens material extending over the eyelid engaging chamber, as taught by Lulino, for the purpose of providing a soft contact lens that changes its optical characteristics dynamically in response to gaze dependent pressure fluctuations induced by the eyelids relative to one or more reservoirs of fluid (¶0033).
Claims 1, 2 and 4-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 7-10, 12-14 of US 11,874,531 B2 in view of Lulino (US Patent Publication Number 2008/0231799 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the reference application both claim the following:
Instant Application 18/976846
US 11,874,531 B2
Limitations that are obvious
Claim 1. An accommodating contact lens comprising: an optical chamber; an eyelid-engaging chamber coupled to the optical chamber; and one or more channels extending between the optical chamber and the eyelid-engaging chamber; wherein a soft contact lens material extending over the eyelid engaging chamber (see secondary reference below) ) is arranged to be selectively engaged with an eyelid to provide a liquid to the optical chamber via the one or more channels (see element (2) in limitations that are obvious section) and provide incremental increases in optical power of the optical chamber; wherein the liquid (see element (3) in limitations that are obvious section) within the optical chamber and the eyelid-engaging chamber provides a deflection of an upper membrane of the optical chamber and an upper membrane of the eyelid-engaging chamber in order to facilitate fluidic communication and responsiveness between the optical chamber and the eyelid-engaging chamber.
Claim 1. An accommodating contact lens comprising: an optical chamber; an eyelid-engaging chamber coupled to the optical chamber; and one or more channels extending between the optical chamber and the eyelid-engaging chamber; wherein the optical chamber and the eyelid-engaging chamber each comprise a positive pressure and wherein a soft contact lens material is arranged to be selectively engaged with an eyelid in order to provide incremental increases in optical power; wherein top and bottom surfaces of the accommodating contact lens extend over the optical chamber and the eyelid engaging eyelid-engaging chamber; wherein said positive pressure of the optical chamber and the eyelid-engaging chamber provides a deflection of an upper membrane of the optical chamber and an upper membrane of the eyelid-engaging chamber in order to facilitate fluidic communication and responsiveness between the optical chamber and the eyelid-engaging chamber (a)
(2) The channels provide a liquid to the optical chamber since the claim already discloses one or more channels extending between the optical chamber and the eyelid-engaging chamber and that fluid is facilitated between the optical chamber and the eyelid-engaging chamber (See (a) in the claim of Patent No. 12,210,229 B1).
(3) The positive pressures of the optical chamber are inherently a liquid.
Claim 2. The accommodating contact lens as in claim 1, further comprising a flange extending around the optical chamber, the flange comprising a first material, the flange connected to the optical chamber to couple to a second material comprising hydrogel.
Claim 2. The accommodating contact lens as in claim 1, further comprising a flange extending around the optical chamber and the eyelid engaging chamber, the flange comprising a first material and one or more anchors, the one or more anchors connected to the optical chamber and the eyelid engaging chamber to couple an optical zone and the eyelid engaging chamber to a second material comprising hydrogel.
Claim 4. The accommodating contact lens as in claim 2, wherein one or more anchors comprises a plurality of openings formed in the flange and wherein the second material comprising hydrogel extends through the plurality of openings.
Claim 4. The accommodating contact lens as in claim 2, wherein the one or more anchors comprises a plurality of openings formed in the flange and wherein the second material comprising hydrogel extends through the plurality of openings.
Claim 5. The accommodating contact lens as in claim 1, wherein an accommodation module is encapsulated within a soft contact lens material.
Claim 8. The accommodating contact lens as in claim 1, wherein an accommodation module is encapsulated within the soft contact lens material.
Claim 6. The accommodating contact lens as in claim 5, wherein the accommodation module comprises a sealed module, the sealed module comprising, the optical chamber, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion, an upper membrane and a lower membrane coupled to the upper portion and the lower portion, respectively, so as to define the optical chamber.
Claim 9. The accommodating contact lens as in claim 8, wherein the accommodation module comprises a sealed module, the sealed module comprising, the optical chamber, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion, an upper membrane and a lower membrane coupled to the upper portion and the lower portion, respectively, so as to define the optical chamber, and wherein a plurality of eyelid-engaging chambers comprises a fluid.
Claim 7. The accommodating contact lens as in claim 1, wherein a geometrical center of an optic of the soft contact lens material is co-linear with a geometrical center of the optical chamber.
Claim 10. The accommodating contact lens as in claim 1, wherein a geometrical center of an optic of the soft contact lens material is co-linear with a geometrical center of the optical chamber.
Claim 8. The accommodating contact lens as in claim 1, wherein an index of refraction of a fluid in the optical chamber is within a range from about 1.44 to 1.55 and top and bottom surfaces of the accommodating contact lens comprise a similar index of refraction to within about 0.05.
Claim 12. The accommodating contact lens as in claim 1, wherein an index of refraction of a fluid in the optical chamber is within a range from about 1.44 to 1.55 and the top and bottom surfaces of the accommodating contact lens comprise a similar index of refraction to within about 0.05.
Claim 9. The accommodating contact lens as in claim 1, wherein the optical chamber comprises an internal diameter within a range from about 3 mm to about 5 mm.
Claim 13. The accommodating contact lens as in claim 1, wherein the optical chamber comprises an internal diameter within a range from about 3 mm to about 5 mm.
Claim 10. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure comprises one or more of a ring, an oval or an annulus extending around the optical chamber.
Claim 14. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure comprises one or more of a ring, an oval or an annulus extending around the optical chamber.
Claim 11. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure defines a maximum dimension across the optical chamber and wherein the maximum distance across the optical chamber remains substantially fixed when a curvature of one or more of the upper or lower surfaces increases to provide increased optical power.
Claim 15. The accommodating contact lens as in claim 1, wherein the optical chamber comprises a support structure extending around the optical chamber, the support structure comprising an upper portion and a lower portion and the support structure defines a maximum dimension across the optical chamber and wherein the maximum distance across the optical chamber remains substantially fixed when a curvature of one or more of the upper or lower surfaces increases to provide increased optical power.
Claim 12. The accommodating contact lens as in claim 2, wherein the flange defines an outer perimeter extending around the optical chamber and the eyelid-engaging chamber.
Claim 7. The accommodating contact lens as in claim 2, wherein the flange defines an outer perimeter extending around the optical chamber and the eyelid-engaging chamber.
US 11,874,531 B2 fails to teach wherein a soft contact lens material extending over the eyelid engaging chamber. In a related art, Lulino teaches wherein a soft contact lens material (12, ¶0035 “an upper section 12 that has the same optical characteristics as a traditional soft contact lens”) extending over the eyelid engaging chamber (16; ¶0035 “the eyelid 34 presses on the reservoir 16”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified an accommodating contact lens, as taught by U.S. Patent No. 12,210,229 B1, with the soft contact lens material extending over the eyelid engaging chamber, as taught by Lulino, for the purpose of providing a soft contact lens that changes its optical characteristics dynamically in response to gaze dependent pressure fluctuations induced by the eyelids relative to one or more reservoirs of fluid (¶0033).
Allowable Subject Matter
Claims 1, 2 and 4-12 would be allowable if rewritten or amended to overcome the double patenting rejections, set forth in this Office action.
The prior art fails to teach all of the limitations of claims 1 which includes wherein the liquid within the optical chamber and the eyelid-engaging chamber provides a deflection of an upper membrane of the optical chamber and an upper membrane of the eyelid-engaging chamber in order to facilitate fluidic communication and responsiveness between the optical chamber and the eyelid-engaging chamber.
Regarding claims 2 and 4-12 has dependency on independent claim 1.
Claim 3 is 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 prior art fails to teach all of the limitations of claims 3 which includes wherein the optical chamber comprises a support structure extending around the optical chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Porat (US Patent Number 5,483,304 A) teaches an accommodating contact lens comprising an optical chamber.
Lai (US Patent Number 7,959,284 B2) teaches an accommodating contact lens comprising an optical chamber.
Rosenthal (US Patent Publication Number 2006/0290883 A1) teaches an accommodating contact lens comprising an optical chamber.
Lo (US Patent Publication Number 2007/0201138 A1) teaches an accommodating contact lens comprising an optical chamber.
Win-Hall (US Patent Publication Number 2010/0245760 A1) teaches an accommodating contact lens comprising an optical chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
24 July 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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