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 Arguments
The rejections under 112(b) to claim 7 have been withdrawn in response to the amendments filed 5/1/2026.
Applicant's arguments filed 5/1/2026 have been fully considered but they are not persuasive.
Applicant argues that Chun discloses molding contact lenses not molding contact lens molds. Applicant argues, “the present application is directed towards a way of making tools while Chun is directed towards a way of using such tools.” Examiner disagrees. First, the elected claims are directed to an apparatus, not a method or a way of making tools. The intended use of the product being made by the claimed apparatus is not relevant to the claimed apparatus as it does not impose any structural limitations on the claim, see MPEP §2111.04 and §2114(II). So to say, the intended use of the product produced by the claimed apparatus does not distinguish the claims from the prior art. This is evidenced by the fact that the lens products made in Chun could be used as contact lens molds and the structure in Chun otherwise meets all the structural limitations claimed.
Applicant further argues that Chun does not teach injection molding.. Applicant first argues that Chun does not disclose injection molding of any sort. Examiner disagrees. Chun discloses an injection unit multiple times throughout, see Chun [0009], [0021], and [0024]. Chun [0037] onwards specifically disclose the injection process of injecting a molding liquid into the mold. Applicant also argues that Chun is not applicable to injection molding because Chun addresses a problem of molds twisting and this is not a problem that occurs in injection molding. Again, Chun clearly describes an apparatus which performs an injection molding step. There are no structural limitations claimed associated with injection molding other than it being the intended use of the apparatus.
Applicant argues that Chun does not describe the first tool halves being aligned with the third tool halves when the second support is in the operative orientation. Applicant argues that when the lower mold 120 and upper mold 100 are in alignment with one another, completely different molds are being reloaded. Applicant notes that there is no lower mold movable between alignment with two different upper molds. Examiner disagrees and notes this is not what is claimed. The claim requires at least one first tool half to be engaged with at least one second tool half during the operative orientation and with the at least one third tool half during the reloading configuration. There is not requirement of the second and third tool halves to be engaged with only one first tool half or vice versa because the claim specifies “one or more” of each of the tool halves. In Chun, the operative orientation is when the upper and lower molds are aligned and pressed into the lower mold in the pressing part 600. The reloading condition is when another lower mold has been rotated around to match with an upper mold in pressing part 600 and the other lower molds are being reloaded and are not in alignment at the pressing part 600. This meets the claimed reloading and operative orientations.
Applicant requests a rejoinder but the claims are not yet in condition for allowance and a rejoinder is not proper at this time.
Claim Interpretation
The elected claims are directed to an apparatus, however many of the claim limitations are directed toward the operability or intended use of that apparatus. The intended use of the apparatus does not differentiate the claimed apparatus from a prior art apparatus when the structural limitations of the claim are taught by the prior art, see MPEP 2114 (II). Limitations such as the movement of the molds into different positions or orientations are considered to be the intended use. As long as the apparatus is capable of being moved into these positions and alignments, the structural limitations of the claim are met.
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 1-2 and 4-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chun (KR20140024175A, see English translation provided.)
Regarding claim 1, Chun meets the claimed, An apparatus for injection molding of contact lens mold halves for use in the manufacture of contact lenses, (Chun [0001] describes an apparatus and molds for contact lenses) the apparatus comprising one or more first tool halves mounted on a first support, (Chun [0048] describes upper molds 100 on part fixing plate 620) one or more second tool halves releasably mounted on a second support, (Chun [0025] describes lower molds 120 which are held on rotary plate 200 by insertion portions 210, [0060] describes the molds are releasable) and one or more third tool halves releasably mounted on the second support, (Chun [0028] and Figure 6 show multiple insertion portions 210, all which hold the lower molds 120, [0060] describes the molds are releasable) wherein: with the second support in an operative orientation, the first and second supports are movable between a closed position in which the first and second tool halves engage one another (Chun [0057]-[0059] describes pressing the upper mold 100 into the lower mold via engaging the pressing part 610 of the part fixing plate 620) to provide at least one mold cavity defined by an outermost surface of the one or more first tool halves and a corresponding optical surface of the one or more second tool halves, (Chun [0059] describes the mold assembly 150 is formed which is the lower and the upper mold coupled together, a molding liquid is located in the cavity between the two molds, Figure 13 shows the lower half (second half) of the mold is where the convex optical surface would be located) and an open position in which the first and second tool halves are aligned with one another across a part removal gap; (Chun [0055] describe the upper part and lower parts are aligned, see also Figure 10 showing alignment) second support is movable between the operative orientation, and a reloading orientation in which the second tool halves are located in a tool change area that is out of alignment with the first tool halves; (Chun [0033]-[0035] and Figure 1 show when the lower molds are being loaded into the mold inserting portion 210 that they are out of alignment with the first molds) and with the second support in the reloading orientation, the first support and the second support are movable between a further closed position in which the first tool halves and the third tool halves engage one another to provide at least one mold cavity defined by the outermost surface of the one or more first tool halves and a corresponding optical surface of the one or more third tool halves, and a further open position in which the first tool halves and the third tool halves are aligned with one another across a part removal gap (Chun [0028] and Figure 1 show the other mold insertion portions 210 having the lower molds within them are radially spaced around the rotary plate such that when the one portion is being reloaded, the other portions are being coupled with the upper molds in the same manner as described above.)
Regarding claim 2, Chun meets the claimed, The apparatus according to claim 1, wherein the first support and the second support are movable between said open and closed positions along an upright axis (Chun Figure [0057] describes a vertical movement.)
Regarding claim 4, Chun meets the claimed, The apparatus according to claim 1, wherein with the second support in the operative orientation, the third tool halves are located in the tool change area (Chun Figure 1 shows some mold insertion portions 210 are being loaded while others are being coupled.)
Regarding claim 5, Chun meets the claimed, The apparatus according to claim 1, further comprising one or more fourth tool halves releasably supported on the second support (Chun [0026] and [0028] describes up to five mold insertion portions 210 on the rotary plate 200, each having spaces for eight molds.)
Regarding claim 6, Chun meets the claimed, The apparatus according to claim 1, wherein the first support and second support are movable between the open and closed positions by moving them along a molding axis, (Chun Figure [0057] describes a vertical movement to couple the molds) and the second support is rotatable between the operative and reloading orientations about an axis which is parallel to the molding axis (Chun Figure 1 shows the rotary plate 200 rotates on an axis parallel to the vertical axis.)
Regarding claim 7, Chun meets the claimed, The apparatus according to claim 1, wherein the each of the one or more second tool halves is configured to form an optical surface of one of said mold halves (Chun Figure 13 shows the lower half (second half) of the mold is where the convex optical surface would be located.)
Regarding claim 8, Chun meets the claimed, The apparatus according to claim 1, further comprising one or more alternative tool halves which are configured to be releasably mounted on the second support in place of the second tool halves (Chun [0026] and [0028] describes up to five mold insertion portions 210 on the rotary plate 200.)
Regarding claim 9, Chun meets the claimed, A part of an apparatus according to claim 1, said part comprising the first support, the second support, (Chun [0025] describes rotary plate 200, and [0057]-[0059] the pressing part 610) and a drive mechanism for moving the first support and the second support between the open and closed positions (Chun [0056] describes a cylinder 630 configuration for coupling the molds together) and moving the second support between the operative and reloading orientations (Chun [0025] describe driving means for rotating the rotating plate 200.)
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
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