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
The information disclosure statement (IDS) submitted on 12/18/24, 02/06/25, 05/19/26 and 06/08/26 have been considered by the examiner.
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 and 4 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. Applicant is claiming “two transmitting-type optical articles”, however, is it unclear what type of two optical articles because the phrase “transmitting-type” is indefinite. For purposes of expediting prosecution, the Examiner interprets the claimed “two transmitting-type optical articles” to be read --two transmitting optical articles--.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kats et al. (US 2018/0041737; already of record).
Regarding claim 1, Kats discloses, a transmitting optical article set for eyes (Figs. 1-2) comprising two transmitting-type optical articles for eyes (14, 16), wherein, when a two-degree field of view CIE standard light source D65 (see 26) is used as reference light (Para. 0046-0047), a color difference AE00 between the two transmitting optical articles for eyes (Para. 0039-0045) calculated based on CIEDE2000 is more than 0.23 and less than 33.8 (Para. 0046 and 0055).
Regarding claim 2, Kats discloses, a lens set for eyes comprising two lenses for eyes (Figs. 1-2), wherein, when a two-degree field of view CIE standard light source D65 (see 26) is used as reference light (Para. 0046-0047), a color difference AE00 between the two lenses for eyes calculated based on CIEDE2000 is more than 0.23 and less than 33.8 (Para. 0046 and 0055).
Regarding claim 3, Kats discloses, the lenses for eyes are spectacle lenses or contact lenses (Para. 0037-0039 and see 14, 16).
Regarding claim 4, Kats discloses, a transmitting optical article for eyes (Figs. 1-2) comprising two regions having different colors (Para. 0037-0039 and 14, 16), wherein, when a two-degree field of view CIE standard light source D65 (see 26) is used as reference light (Para. 0046-0047), a color difference AE00 between the two regions calculated based on CIEDE2000 is more than 0.23 and less than 33.8 (Para. 0046 and 0055).
Regarding claim 5, Kats discloses, spectacles (Figs. 1-2) comprising:
a spectacle lens (Para. 0039) for left eye (14); and a spectacle lens (Para. 0039) for right eye (16), wherein, when a two-degree field of view CIE standard light source D65 (see 26) is used as reference light (Para. 0046-0047), a color difference LE00 between the two spectacle lenses calculated based on CIEDE2000 is more than 0.23 and less than 33.8 (Para. 0046 and 0055).
Regarding claim 6, Kats discloses, a binocular (Figs. 1-2) comprising:
an optical system for left eye (Para. 0039 and 14); and an optical system for right eye (Para. 0039 and 16), wherein, when a two-degree field of view CIE standard light source D65 (see 26) is used as reference light (Para. 0046-0047), a color difference LE00 between the two spectacle lenses calculated based on CIEDE2000 is more than 0.23 and less than 33.8 (Para. 0046 and 0055).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 07/27/2026
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