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 3/3/2025 and 6/20/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haddock (20170131568) hereafter Haddock.
Regarding claims 1, 10, 11, 13, 14, and 15, Haddock discloses a contact lens assembly (ophthalmic lens system 100 as the contact lens, par. [0012]-[0013], fig. 1, 4A, B with par. [0026][0027]) comprising: a first lens member (330, see fig. 3 with par. [0025]) having a structured anterior surface region defining a first diffractive optical element, a second lens member (315, 320), and a third lens member (325) having a structured posterior surface region (320) defining a second diffractive optical element; wherein the second lens member is located between the first and third lens members such that the structured anterior surface region (315) of the first lens member and a posterior surface region (320) of the second lens member together define a first cavity (cavity with liquid crystal material 310), and the structured posterior surface region of the third lens member and an anterior surface region of the second lens member together define a second cavity (cavity with liquid crystal 305); and wherein the posterior and anterior surface regions of the second lens member do not include a diffractive optical element; and wherein the contact lens assembly further comprises a first liquid crystal layer within the first cavity, and a second liquid crystal layer within the second cavity, the first liquid crystal layer forming part of a first liquid crystal cell and the second liquid crystal layer forming part of a second liquid crystal cell (fig. 2A, 3, par. [0013]-[0025]).
Regarding claim 2, Haddock discloses the contact lens assembly according to claim 1, wherein the second lens member is substantially inflexible (par. [0013] based on the material the second lens member can be “substantially inflexible”).
Regarding claim 3, Haddock discloses the contact lens assembly according to claim 1, wherein the second lens member is arranged to maintain a fixed spatial relationship with the first and/or third lens members (fig. 2A, 3).
Regarding claim 4, Haddock discloses the contact lens assembly according to claim 1, wherein the first cavity defines a first volume and the second cavity defines a second volume; and wherein in use the first and second volumes are substantially fixed (par. [0024]).
Regarding claim 5, Haddock discloses the contact lens assembly according to claim 1, wherein the first and second liquid crystal layers have a predetermined thickness (par. [0025]-[0027]).
Regarding claim 6, Haddock discloses the contact lens assembly according to claim 1, wherein in a first state the refractive index of the first diffractive optical element and the effective refractive index of the first liquid crystal layer are similar such that the first diffractive optical element does not diffract incident light, and/or, in a first state the refractive index of the second diffractive optical element and the effective refractive index of the second liquid crystal layer are similar such that the second diffractive optical element does not diffract incident light (par. [0023][0025]).
Regarding claim 7, Haddock discloses the contact lens assembly according to claim 6, wherein in a second state the refractive indices of the first diffractive optical element and the first liquid crystal layer are dissimilar such that the first diffractive optical element diffracts incident light, and/or the refractive indices of the second diffractive optical element and the second liquid crystal layer are dissimilar such that the second diffractive optical element diffracts incident light (par. [0020]-[0025]).
Regarding claims 8 and 12, Haddock discloses the contact lens assembly according to claim 1, wherein each lens member comprises a hydrogel material, or a silicone hydrogel material, or a mixture thereof (par. [0013]).
Regarding claim 9, Haddock discloses the contact lens assembly according to claim 1, wherein the second lens member has a center thickness of between 20 μm and 150 μm (par. [0013]-[0025]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm.
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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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/JAMES C. JONES/Primary Examiner, Art Unit 2872
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