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
Acknowledgment is made of receipt of Information Disclosure Statements (PTO-1449) filed 03/03/2025 and 06/20/2025. An initialed copy is attached to this Office Action.
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 1-3, 6, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kennedy et al. (USPG Pub No. 2018/0088352), hereinafter “Kennedy”.
Regarding claim 1, Kennedy discloses a contact lens assembly (150) (see Fig. 1D, Paragraph 106, Lines 2-3) comprising: a first lens member (“ALIGNMENT LAYER” - “POSTERIOR SUBSTRATE”) (see annotated Fig. 1E below), a second lens member (“CENTER SUBSTRATE W/ DIFFRACTIVE”) having a structured posterior surface region defining a first diffractive optical element and a structured anterior surface region defining a second diffractive optical element (see annotated Fig. 1E), and a third lens member (“ALIGNMENT LAYER” - “ANTERIOR SUBSTRATE”) (see annotated Fig. 1E); wherein the second lens member is located between the first and third lens members such that the structured posterior surface region of the second lens member and an anterior surface region of the first lens member together define a first cavity (where “LIQUID CRYSTAL” is present) (see annotated Fig. 1E), and the structured anterior surface region of the second lens member and a posterior surface region of the third lens member together define a second cavity (where “LIQUID CRYSTAL” is present) (see annotated Fig. 1E); and wherein the anterior surface region of the first lens member and the posterior surface region of the third lens member do not include a diffractive optical element (Paragraph 113).
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Regarding claim 2, Kennedy discloses wherein at least one of the structured posterior surface region and the structured anterior surface region defines a series of peaks and troughs (see Fig. 1E).
Regarding claim 3, Kennedy discloses further comprising a first liquid crystal layer (“LIQUID CRYSTAL”) within the first cavity (see Fig. 1E), and a second liquid crystal layer (“LIQUID CRYSTAL”) within the second cavity (see Fig. 1E), 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 (Paragraphs 44, 107).
Regarding claim 6, Kennedy discloses a method of constructing a contact lens assembly (150) comprising first (“ALIGNMENT LAYER” - “POSTERIOR SUBSTRATE”), second (“CENTER SUBSTRATE W/ DIFFRACTIVE”) and third lens members (“ALIGNMENT LAYER” - “ANTERIOR SUBSTRATE”) (see Fig. 1D, annotated Fig. 1E above, Paragraph 106, Lines 2-3), the method comprising the steps of: forming a first diffractive optical element in a posterior surface of the second lens member and forming a second diffractive optical element in an anterior surface of the second lens member (see annotated Fig. 1E); and then arranging the second lens member between the first and third lens members such that the structured posterior surface region of the second lens member and an anterior surface region of the first lens member together define a first cavity (where “LIQUID CRYSTAL” is present) (see annotated Fig. 1E), and the structured anterior surface region of the second lens member and a posterior surface region of the third lens member together define a second cavity (where “LIQUID CRYSTAL” is present) (see annotated Fig. 1E); and wherein the posterior surface region of the third lens member and the anterior surface region of the first lens member do not include a structured surface region defining a diffractive optical element (Paragraph 113).
Regarding claim 8, Kennedy discloses a contact lens comprising the contact lens assembly according to claim 1 (see Figs. 1D, 1E, Paragraph 113).
Regarding claim 9, Kennedy discloses a contact lens according to claim 8, wherein the contact lens is a silicone hydrogel contact lens (Paragraphs 99, 106).
Claim Rejections - 35 USC § 103
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 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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (USPG Pub No. 2018/0088352) in view of Haddock (USPG Pub No. 2017/0131568).
Regarding claim 4, Kennedy discloses 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 (Paragraph 81), 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 (Paragraph 81). Kennedy discloses the claimed invention but does not specify
the first diffractive optical element does not diffract incident light, and/or the second diffractive optical element does not diffract incident light. In the same field of endeavor, Haddock discloses the first diffractive optical element does not diffract incident light (see Figs. 2A-3, Paragraphs 18, 19, 25), and/or the second diffractive optical element does not diffract incident light (see Figs. 2A-3, Paragraphs 18, 19, 25). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the contact lens assembly of Kennedy with the first diffractive optical element does not diffract incident light, and/or the second diffractive optical element does not diffract incident light of Haddock for the purpose of providing variable optical power (Paragraph 15, lines 2-4).
Regarding claim 5, Kennedy discloses wherein in a second state the refractive indices of the first diffractive optical element and the first liquid crystal layer are dissimilar such that (Paragraph 81), and/or the refractive indices of the second diffractive optical element and the second liquid crystal layer are dissimilar such that (Paragraph 81). Kennedy and Haddock teach the contact lens assembly set forth above for claim 4, Haddock further discloses the first diffractive optical element diffracts incident light, and/or the second diffractive optical element diffracts incident light (see Figs. 2A-3, Paragraphs 19, 20, 25). It would have been obvious to one of ordinary skill to provide the contact lens assembly of Kennedy with the teachings of Haddock for at least the same reasons as those set forth above with respect to claim 4.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (USPG Pub No. 2018/0088352) in view of De Smet et al. (USPG Pub No. 2017/0357141), hereinafter “De Smet”.
Regarding claim 7, Kennedy discloses wherein at least one of the steps of forming the first diffractive optical element and forming the second diffractive element comprise the posterior and/or anterior surface of the second lens member (see Figs. 1E, 4). Kennedy discloses the claimed invention but does not specify shaping and/or moulding. In the same field of endeavor, De Smet discloses shaping and/or moulding (Paragraph 52). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the contact lens assembly of Kennedy with shaping and/or moulding of De Smet for the purpose of forming the grooves of the diffractive optical element in the desired pattern (Paragraph 52).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (USPG Pub No. 2018/0088352) in view of Linn et al. (USPG Pub No. 2022/0066238), hereinafter “Linn”.
Regarding claim 10, Kennedy discloses a contact lens according to claim 8 (see Figs. 1D, 1E). Kennedy discloses the claimed invention but does not specify a blister package containing a contact lens. In the same field of endeavor, Linn discloses a blister package containing a contact lens (Paragraphs 82-84). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the contact lens assembly of Kennedy with a blister package containing a contact lens of Linn for the purpose of providing sealed packaging for the contact lens (Paragraph 83).
Prior Art Citations
Marchal et al. (USP No. 11,635,554 – Figs. 5, 6 and corresponding disclosure) and Lin et al. (USP No. 10,859,868 – Figs. 2-3D and corresponding disclosure) are each being cited herein to show a contact lens assembly relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 9/5/2026
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