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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/18/2026 has been entered.
Response to Arguments
Applicant's arguments filed 2/18/2026 have been fully considered but they are not persuasive.
Applicant argues that Nakagawa does not teach the amended limitations of claim 1 including a cavity being formed between the optical surface of the second tool halves and the outermost surface first tool half. While Examiner agrees that Nakagawa does not show the amended subject matter, however after further search and consideration, a new reference, Chun is cited which meets the claims as amended.
Applicant requests a rejoinder however claim 1 has not been allowed and a rejoinder is not proper at this time.
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.
Claim 7 is 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.
Claim 7 recites the limitation “said mold half.” There is insufficient antecedent basis for this limitation in the claim. Claim 1 previously refers to “mold halves” and it is not clear which of these “said mold half” refers to in claim 7. This is interpreted to mean one of the mold halves previously recited.
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 second tool half or each second tool half is configured to form an optical surface of said mold half (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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA BARTLETT whose telephone number is (571)272-4953. The examiner can normally be reached Monday - Friday 9:00 am-5:00 pm EST.
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/V.B./Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744