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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/30/2024, 04/10/2025, and 11/17/2025. The submission is following the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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)(l) 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 22-29, 32-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gottschald (US 6,813,536 B1).
Regarding claim 22, Gottschald discloses a method for generating a set of virtual representation data of a spectacle lens (col.6, lines 15-20, “CCD camera 24 serves the purpose of picking up the lens blank diameter and the profile of the front curve and rear curve on the form-ground spectacle lens as a function of the angle of rotation”; col.5, lines 37-39, “The signals generated by the CCD camera 10 pass into a transformer 13 and are converted there into signals which can be evaluated by calculation by a computer of a control device 18”, and col.8, the computer receives camera data, lens contour data, front/rear edge profiles from camera/scanner 24 to construct the final 3D workspace template. Showing that the computer generates an imaging date or visual alignment that corresponds to the virtual representation data),
the method comprising: providing a set of scanning data of a profile of an edge surface of the spectacle lens obtained by scanning the edge surface of the spectacle lens using at least one optical scanner (col.6., lines 15-20, “A further CCD camera 24 is arranged in the region of the lens blank 9 clamped between the half-shafts 5, 6. This CCD camera 24 serves the purpose of picking up the lens blank diameter and the profile of the front curve and rear curve”, and lines 26-28, “It is also possible to use laser scanner systems instead of the CCD cameras 10, 24, 25”, and col.8, lines 11-22, the “front edge the rear edge”, and “the contour”);
providing a set of imaging data obtained by taking at least one image of the spectacle lens using a camera facing a back surface or a front surface of the spectacle lens (col.5, lines 25-28, “An illuminating device 11 is arranged in the hollow half-shaft 6, while a detection device in the form of a CCD camera is arranged coaxially therewith in the hollow half shaft 5. This CCD camera is capable of picking up conventional markings…on the lens blank 9”);
generating a set of virtual representation data of the spectacle lens based on the set of scanning data and the set of imaging data (col.5, lines 37-39, “The signals generated by the CCD camera 10 pass into a transformer 13 and are converted there into signals which can be evaluated by calculation by a computer of a control device 18”, and col.8, the computer receives camera data, lens contour data, front/rear edge profiles from camera/scanner 24 to construct the final 3D workspace template. This corresponds to the virtual representation data),
wherein the method further includes defining a mutual coordinate system (15) of the spectacle lens (col.5, lines 42-42, “screen 14 in a fashion positioned accurately with reference to an axis intersection 15”) and referencing the set of scanning data and the set of imaging data to the mutual coordinate system (col.5, lines 39-43, “the image 9', picked up by the CCD camera 10, of the lens blank 9 with the markings 16 can be represented on the screen 14 in a fashion positioned accurately with reference to an axis intersection 15”, showing the image data from the camera 10 is transformed and referenced to the exact same axis intersection 15), wherein defining the mutual coordinate system is based on at least one of the following properties of the spectacle lens: the center of gravity of the spectacle lens; the geometrical center of the spectacle lens; the optical center of the spectacle lens (col.5, lines 33-35, “The middle point of the three-point marking 16 denotes the optical midpoint of the lens blank 9”, and col.5, lines 42-43,“represented on the Screen 14 in a fashion positioned accurately with reference to an axis intersection 15”); the vertical box value of the spectacle lens; and the horizontal box value of the spectacle lens.
Regarding claim 23, Gottschald as discussed in claim 22, discloses wherein generating the set of virtual representation data includes characterizing a bevel formed at the edge surface of the spectacle lens based on the set of scanning data of the profile of the edge surface (col.9, lines 10-12, “the profile of the Space curve of the front edge and the rear curve is measured… and the profile of the bevel curve is determined in the computer and used to control the grinding operation”), wherein characterizing the bevel optionally includes determining at least one parameter of a group consisting of: a bevel height; a bevel angle; a bevel curve (col.8, lines 15-17,“calculate a bevel profile which is, for example, formed from the mean value of the profile of the front edge and the rear edge”); a bevel position with respect to the edge surface (col.8, lines 17-19, “at a constant distance from the front edge”), a vertical box value of the spectacle lens; and a horizontal box value of the spectacle lens.
Regarding claim 24, Gottschald as discussed in claim 22, discloses wherein generating the set of virtual representation data (“the values picked up by the CCD camera 10 are input via the converter 13 into the computer of the control device 18 and are taken into account there by calculation”) includes characterizing at least one of the following parameters based on the imaging data :a contour of the spectacle lens; an orientation of the spectacle lens with respect to at least one of the following items: the camera, and the optical scanner; a center of gravity of the spectacle lens; a geometrical center of the spectacle lens; an optical center of the spectacle lens (col.5, lines 33-35, “The middle point of the three-point marking 16 denotes the optical midpoint of the lens blank 9”); a cylinder axis of the spectacle lens;a vertical box value of the spectacle lens;a horizontal box value of the spectacle lens; a position of at least one orientation mark of the spectacle lens; and a position of at least one drill hole in the spectacle lens a position of a brand marking of a spectacle lens.
Regarding claim 25, Gottschald as discussed in claim 22, discloses a step of retrieving a set of specification data of the spectacle lens, wherein the step of generating a set of virtual representation is further based on the set of specification data (col.6, lines 29-35, “Connected to the computer of the control device 18 are an input keyboard 19, a data reading device 20 for reading in data on data media in the form of a card with a magnetic strip, a bar code or a floppy disk drive 21 for reading into the control device 18 data Stored on floppy disks, a scanning unit 22 for scanning a spectacle lens opening in a spectacle frame or a pattern disk, and a sensor 23 for reading into the control device 18 data recorded on a spectacle lens… All the data are stored, processed and passed on and called up in the computer of the control device”), and wherein the set of specification data comprises at least one of the following parameters: a front curvature of a front surface of the spectacle lens; a reference value for the vertical box value; a reference value for the horizontal box value; a reference curve of the bevel curve; refractive properties of the spectacle lens (col.6, lines 50-53, “The optometric data of the spectacle wearer, that is to say the dioptric number of the spectacle lens, the refracting powers of a cylindrical or prismatic cut”); centration data of the spectacle lens; centration data of a patient; and optical transmission properties of the spectacle lens.
Regarding claim 26, Gottschald as discussed in claim 22, discloses a step of retrieving information about at least one interface element (“bevel groove”) at the edge surface of the spectacle lens (col.7, lines 13-15, “…pick up the Spectacle lens opening, including the profile of the bevel groove in a three-dimensional fashion”) and including information about the interface element when generating the set of virtual representation data (col.7, lines 57-60, “The computer of the control device 18 uses the input data to calculate the shape data for form grinding”, and col.9, lines 13-15, “the profile of the bevel curve is determined in the computer and used to control the grinding operation”).
Regarding claim 27, Gottschald as discussed in claim 26, discloses the information about the interface element includes at least one of the following pieces of information: a position of the at least one interface element (col.8, lines 15-19, “the computer in the control device 18 can use these data to calculate a bevel profile which is at a constant distance from the front edge”), a type of the at least interface element (col.6, lines 9-10, “the type of bevel to be provided, for example a kaiser bevel, 30% bevel”), a number of interface elements located at the spectacle lens, an information provided by the at least interface element .
Regarding claim 28, Gottschald discloses a device for generating a set of virtual representation data of a spectacle lens (col.6, lines 48-50, “a CNC spectacle lens edging machine comprising all the data are stored, processed and passed on and called up in the computer of the control device, and col.8, the computer receives camera data, lens contour data, front/rear edge profiles from camera/scanner 24 to construct the final 3D workspace template. Showing that the computer generates an imaging date or visual alignment that corresponds to the virtual representation data”), the device comprising:
an optical scanner (24, see the fig) having at least one scanner head adapted to scan an edge surface of the spectacle lens to obtain a set of scanning data of a profile of the edge surface of the spectacle lens (col. 6, lines 16-25, “a further CCD camera 24 is arranged…picking up…the profile of the front curve and rear curve on the form-ground spectacle lens…It is also possible to use laser scanner systems instead of the CCD cameras 10, 24, 25”);
a camera (CCD camera 10) facing a back surface or a front surface of the spectacle lens adapted to take at least one image of the spectacle lens to obtain a set of imaging data (see the figure and col.5, lines 25-28, “An illuminating device 11 is arranged in the hollow half-shaft 6, while a detection device in the form of a CCD camera is arranged coaxially therewith in the hollow half shaft 5. This CCD camera is capable of picking up conventional markings…on the lens blank 9”);
a control unit (18) adapted to receive the set of scanning data and the set of imaging data and to generate a set of virtual representation data of the spectacle lens based on the set of scanning data and the set of imaging data (col.5, lines 37-39, “The signals generated by the CCD camera 10 pass into a transformer 13 and are converted there into signals which can be evaluated by calculation by a computer of a control device 18”),
wherein the control unit is configured to define a mutual coordinate system of the spectacle lens and referencing the set of scanning data and the set of imaging data to the mutual coordinate system (col.5, lines 38-44, “calculation by a computer of a control device 18, such that the image 9', picked up by the CCD camera 10, of the lens blank 9 with the markings 16 can be represented on the Screen 14 in a fashion positioned accurately with reference to an axis intersection 15”, showing the control computer sets a mutual grid centered on a axis intersection 15),
wherein defining the mutual coordinate system is based on at least one of the following properties of the spectacle lens: the center of gravity of the spectacle lens; the geometrical center of the spectacle lens; the optical center of the spectacle lens (col.5, lines 34-55, “The middle point of the three-point marking 16 denotes the optical midpoint of the lens blank 9…the position of the optical midpoint and the axial position of a cylindrical or prismatic cut are picked up by the CCD camera 10 and taken into account by calculation in the computer of the control device 18”); the vertical box value of the spectacle lens; and the horizontal box value of the spectacle lens.
Regarding claim 29, Gottschald as discussed in claim 28, discloses a supporting element (5/6, see the figure and col.5, lines 12-13, “Arranged parallel to the shaft 4 with the grinding wheels 3 are coaxial, rotatable, hollow half-shafts 5, 6”) being rotatable around a central axis of the supporting element for supporting a front surface or a back surface of the spectacle lens (col.5, lines 13-14, “The half-shafts 5, 6 have on their ends annular holding heads 8 between which a lens blank 9 can be clamped) such that the spectacle lens is rotatable around the central axis of the supporting element (col.6, lines 17-20, “picking up the lens blank diameter and the profile of the front curve and rear curve on the form-ground spectacle lens as a function of the angle of rotation of the half-shafts 5, 6”).
Regarding claim 32, Gottschald as discussed in claim 28, discloses the optical scanner being configured to scan the profile of the edge surface of the spectacle lens such as to scan a bevel formed at the edge surface of the spectacle lens (col.6, lines 17-19, “CCD camera 24 serves the purpose of picking up the lens blank diameter and the profile of the front curve and rear curve on the form-ground spectacle lens”)
allowing characterizing a bevel height, a bevel angle (inherently included, see col.7, lines 14-17, “the profile of the bevel groove in a three-dimensional fashion including the cross-sectional shape, and to input them into the computer of the control device 18”, and col.8, lines 61-64, “the shape of the bevel groove is also determined as a function of Y and compared with the contactless measurement of the bevel groove in the grinding tool”. Showing that the complete cross-sectional shape inherently includes bevel height and angle relative to the edge surface) and a bevel curve with respect to the edge surface of the spectacle lens (col. 8, lines 14-17, “The computer in the control device 18 can use these data to calculate a bevel profile which is, for example, formed from the mean value of the profile of the front edge and the rear edge of the form-ground spectacle lens”).
Regarding claim 33, Gottschald as discussed in claim 28, discloses the control unit being further configured to receive a set of specification data of the spectacle lens and to generate the set of virtual representation data further based on the set of specification data (col.6, lines 29-35, “Connected to the computer of the control device 18 are an input keyboard 19, a data reading device 20 for reading in data on data media in the form of a card with a magnetic Strip, a bar code or a floppy disk drive 21 for reading into the control device 18 data Stored on floppy disks, a scanning unit 22 for Scanning a spectacle lens opening in a spectacle frame or a pattern disk, and a sensor 23 for reading into the control device 18 data recorded on a spectacle lens… All the data are stored, processed and passed on and called up in the computer of the control device”), and wherein the set of specification data comprises at least one of the following parameters: a front curvature of a front surface of the spectacle lens; a reference value for the vertical box value; a reference value for the horizontal box value; a reference curve of the bevel curve; refractive properties of the spectacle lens (col.6, lines 50-53, “The optometric data of the Spectacle wearer, that is to say the dioptric number of the spectacle lens, the refracting powers of a cylindrical or prismatic cut”); centration data of the spectacle lens; centration data of a patient; and optical transmission properties of the spectacle lens a position of an interface element at and/or in the spectacle lens.
Regarding claim 34, Gottschald as discussed in claim 22, discloses method for producing a spectacle lens including a method of generating a set of virtual representation data of the spectacle lens (col.5, lines 45-48, “the values picked up by the CCD camera 10 are input via the converter 13 into the computer of the control device 18 and are taken into account there by calculation when imaging on the Screen 14 and during the CNC grinding of the spectacle lens”, and col.6, lines 29-35, “Connected to the computer of the control device 18 are an input keyboard 19, a data reading device 20 for reading in data on data media … and a sensor 23 for reading into the control device 18 data recorded on a spectacle lens… All the data are Stored, processed and passed on and called up in the computer of the control device”. Showing electronic dataset serves as a set of virtual representation data to modify and control the lens shape).
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Gottschald in view of Mellado et al., (US 2022/0090983 A1).
Regarding claim 30, Gottschald as discussed in claim 28, does not disclose a calibration element as claimed. Mellado et al., disclose (Fig.10) a calibration element ( “calibrated arbitrary surface E”, [0100]) arranged such as to face the front surface or the back surface of the spectacle lens ([0100], “The calibrated surface E is usually selected close to the lens frontal vertex”, and “shown in FIG. 10 is used to determine if that defect is in the front or the back side of the lens by measuring its distance to the calibrated arbitrary surface E”)
, wherein the calibration element is adapted to provide spatial calibration information in the imaging data ([0100], “For all detected defects, the spatial position from the geometry shown in FIG. 10 is used to determine if that defect is in the front or the back side of the lens by measuring its distance to the calibrated arbitrary surface E”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gottschald, by utilizing the teaching of Mellado et al., to calculate the defect depth in the lens body and a better classification of invalidating cosmetic defects can be made (Mellado et al., [0100]).
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Gottschald.
Regarding claim 31, Gottschald as discussed in claim 28, discloses at least one scanner head of the optical scanner (24) is arranged such that an optical axis of the scanner head of the optical scanner is directed towards the edge surface of the spectacle lens supported by the supporting element (5/6, see col.6, lines 15-20 “CCD camera 24 is arranged in the region of the lens blank 9 clamped between the half-shafts 5, 6. This CCD camera 24 Serves the purpose of picking up the lens blank diameter and the profile of the front curve and rear curve on the form-ground spectacle lens”, showing that the scanner 24 is arranged in the region of the lens blank 9 to capture the diameter and edge profiles, the optical axis of the scanner must be directly at the perimeter or edge surface of the lens), and that the optical axis of the scanner head of optical scanner is arranged essentially perpendicular to the central axis of the supporting element (col.5, lines 12-13, “Arranged parallel to the shaft 4 with the grinding wheels 3 are coaxial, rotatable, hollow half-shafts 5, 6”. This shows that the scanner 24 picks up the diameter and edge profiles as the lens rotates, the optical axis is inherently perpendicular to the central shaft axis). Although Gottschald does not disclose a deviation from a perpendicular orientation to the central axis of the supporting element is not more than ±10° as claimed. However, selecting/setting up the deviation is a design choice. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gottschald, accordingly in order to avoid distortion, optimizing the systems performance.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm.
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/M.T.T./Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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