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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4, 5, 7, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al. (US20200039118), and further in view of Rodriguez et al.
(US20170210072) as evidenced by Rodriguez et al. (Affidavit filed 01/07/2019 for application
number 15/004,567- attached in Office Action mailed 05/06/2022).
Regarding claim 1, Panzer teaches a method for creating a lens ([0006] methods for the manufacture of contoured articles such as lenses, particularly small lenses such as intraocular lenses, ophthalmic contact lenses, and microlenses), the method comprising:
receiving input information ([0007] a controller operatively associated with said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object and [0021] In some embodiments, each of the object(s) comprises a lens (e.g., an individual lens such as an ophthalmic contact lens or intraocular lens, a lens array; an individual microlens, a microlens array, etc.));
calculating creation instructions based on the input information, the creation instructions including: 1) an irradiation pattern, and 2) an exposure time to use a light transmission of the irradiation pattern to form a lens having the lens prescription ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention and [0050] FIG. 5 is a photograph of an individual lens 21 produced by the method of the present invention, produced from the same material as the microlens array shown in FIG. 4);
initiating the light transmission of the irradiation pattern from a light source ([0049]
delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a
single light pulse (projected against a screen)) into a container holding resin (see resin 23 in a
container in Figure 12) held within a substrate (see [0014] In some embodiments, the method includes contacting a substrate to the resin facing the window; and producing the objects adhered to the substrate while the substrate and the window remain stationary; and then separating the objects from the substrate (for example, which substrate can have a planar resin contact surface, or a contoured resin contact surface, e.g., to mold the opposing surface of the object), pedestals 27 and 27’ in Figure 9 and Figure 10, and light responsive polymer 22b that creates a transient form, such as a well or depression, in which the object 21″ can be produced in Figure 12); and
stopping the light transmission after the exposure time to form the lens, wherein the lens meets the creation instructions, wherein a single polymerization front has the shape of a target surface of the lens that meets the creation instructions (Abstract: said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object, which first contoured surface portion is in contact with the first dead zone of unpolymerizable resin);
wherein the irradiation pattern is a single irradiation pattern that coincides with forming the lens ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention).
However, Panzer fails to teach the input information including a lens prescription and
wearer information, forming a lens having the lens prescription and the wearer information,
initiating the light transmission of the irradiation pattern from a light source through a diffuser,
wherein each point in a thickness of the resin sufficient to form the lens is illuminated by at
least 10% of an area of the diffuser.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches the input information including a lens prescription and wearer information,
forming a lens having the lens prescription and the wearer information ([0050] The lenses may
be produced with the contour of the frame it will be put in, and optical and ergonomic criteria
can be taken into account during lens design. The systems and methods described herein have
as a prerequisite that the optimum surfaces—arc, curvature, and the like—of the lens have
been computed), initiating the light transmission of the irradiation pattern from a light source
(DLP projector 730; Figure 7) through a diffuser (diffuser 736; Figure 7), wherein each point in a
thickness of the resin sufficient to form the lens ([0041] The diffuser can also mix light from the
pixel/inter-pixel structure to create a homogeneous irradiance pattern for the layer 710) is
illuminated by at least 10% of an area of the diffuser (Rodriguez shows the diffuser receives
light 740 which forms the homogeneous irradiance pattern that in turn forms the layer 710. The
area under 710 receives the diffused light and, therefore, the portion of the diffuser corresponding to where layer 710 forms provides illumination. The portion of the diffuser
corresponding to where layer 710 forms is a majority of the diffuser (i.e. at least 10% of the
diffuser).
Further, the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to
the PGPub US20170210072, states on pg. 5 line 5 that some light distribution is shined on the
diffuser. Therefore, the light distribution of light 740 provides light to the diffuser such that the
light diffusion shown in Figure 7 occurs in multiple locations between ends of light 740, which
corresponds to a majority of the diffuser (at least 10% of the diffuser)). Forming custom lenses
with additive manufacturing provides a more efficient production process ([0011] An improved
additive process for eyewear lens preparation would be beneficial. The lenses could be made
on demand which has multiple benefits. Custom manufacturing lenses using an additive process
removes the need to produce and store semi-finished blanks, eliminates material waste
inherent in grinding, and reduces energy consumption by simplifying the overall process), and a
diffuser can reduce or eliminate shadows cast on the resin from defects while creating a
homogeneous irradiance pattern ([0041] As a result, shadows cast on the resin from defects are
reduced or eliminated. The diffuser can also mix light from the pixel/inter-pixel structure to
create a homogeneous irradiance pattern for the layer 710).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the input information of Panzer include the lens
prescription and the wearer information and for the light transmission of Panzer to go through
a diffuser, as taught by Rodriguez, for the benefit of providing a more efficient production
process of customized lenses and reducing or eliminating shadows cast on the resin from
defects while creating a homogeneous irradiance pattern.
Regarding claim 2, Panzer modified with Rodriguez teaches the method of
claim 1. However, Panzer fails to teach wherein at least 15% of the area of the diffuser receives light from the light source.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches wherein at least 15% of the area of the diffuser receives light from the light
source ([0041] Light 740 will impinge from different directions at various points on the resin
706; the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to the PGPub
US20170210072, states on pg. 5 line 5 that some light distribution is shined on the diffuser.
Therefore, the light distribution of light 740 provides light to the diffuser between the light
beams 740 shown in Figure 7, which corresponds to a majority of the diffuser (at least 15% of
the diffuser)).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have at least 15% of the area of the diffuser of Panzer
modified with Rodriguez receive light from the light source, as taught by Rodriguez, for the
benefit of reducing or eliminating shadows cast on the resin from defects while creating a
homogeneous irradiance pattern. The method of claim 1 wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate.
Regarding claim 4, Panzer modified with Rodriguez teaches the method of claim 1.
Further, Panzer teaches wherein the creation instructions include 3) a resin composition (Abstract: a first light dosage sufficient to form the object in the resin under stationary conditions, Panzer incorporates DeSimone et al., U.S. Pat. No. 9,205,601 as discussed in [0046], and DeSimone et al. in ‘601 teaches printing instructions will depend on the nature of the specific polymerizable liquid in col 21 line 5-11).
Regarding claim 5, Panzer modified with Rodriguez teaches the method of claim 4.
Further, Panzer teaches wherein the resin composition includes specific amounts, portions or concentrations of an inhibitor ([0008] the inhibitor of polymerization comprises oxygen), a photo initiator (a specific amount, portion or concentration can be 0%) and a monomer or oligomer ([0046] the carrier, window, projector, and controller can (in some embodiments) be as described in DeSimone et al., U.S. Pat. No. 9,205,601 (the disclosure of which is incorporated herein by reference); Desimone et al. teaches a monomer in the disclosure of U.S. Pat. No. 9,205,601 col 10 line 9-23)).
Regarding claim 7, Panzer modified with Rodriguez teaches the method of claim 1. Further, Panzer teaches a single irradiation pattern coincides with forming the lens such that an exposure time would correspond to a single period of time ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention).
Regarding claim 18, Panzer teaches a method for creating a lens ([0006] methods for the manufacture of contoured articles such as lenses, particularly small lenses such as intraocular lenses, ophthalmic contact lenses, and microlenses), the method comprising:
receiving input information ([0007] a controller operatively associated with said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object and [0021] In some embodiments, each of the object(s) comprises a lens (e.g., an individual lens such as an ophthalmic contact lens or intraocular lens, a lens array; an individual microlens, a microlens array, etc.));
calculating creation instructions based on the input information, the creation instructions including: 1) an irradiation pattern, and 2) an exposure time to use a light transmission of the irradiation pattern to form a lens having the lens prescription ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention and [0050] FIG. 5 is a photograph of an individual lens 21 produced by the method of the present invention, produced from the same material as the microlens array shown in FIG. 4);
initiating the light transmission of the irradiation pattern from a light source ([0049]
delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a
single light pulse (projected against a screen)) into a container holding resin (see resin 23 in a
container in Figure 12) held within a substrate (see [0014] In some embodiments, the method includes contacting a substrate to the resin facing the window; and producing the objects adhered to the substrate while the substrate and the window remain stationary; and then separating the objects from the substrate (for example, which substrate can have a planar resin contact surface, or a contoured resin contact surface, e.g., to mold the opposing surface of the object), pedestals 27 and 27’ in Figure 9 and Figure 10, and light responsive polymer 22b that creates a transient form, such as a well or depression, in which the object 21″ can be produced in Figure 12); and
stopping the light transmission after the exposure time to form the lens, wherein the lens meets the creation instructions, wherein a single polymerization front has the shape of a target surface of the lens that meets the creation instructions (Abstract: said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object, which first contoured surface portion is in contact with the first dead zone of unpolymerizable resin);
wherein the irradiation pattern is a single irradiation pattern that coincides with forming the lens ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention), and then removing the formed lens from the substrate ([0014] In some embodiments, the method includes contacting a substrate to the resin facing the window; and producing the objects adhered to the substrate while the substrate and the window remain stationary; and then separating the objects from the substrate (for example, which substrate can have a planar resin contact surface, or a contoured resin contact surface, e.g., to mold the opposing surface of the object)).
However, Panzer fails to teach the input information including a lens prescription and
wearer information, forming a lens having the lens prescription and the wearer information,
initiating the light transmission of the irradiation pattern from a light source through a diffuser,
wherein each point in a thickness of the resin sufficient to form the lens is illuminated by at
least 10% of an area of the diffuser.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches the input information including a lens prescription and wearer information,
forming a lens having the lens prescription and the wearer information ([0050] The lenses may
be produced with the contour of the frame it will be put in, and optical and ergonomic criteria
can be taken into account during lens design. The systems and methods described herein have
as a prerequisite that the optimum surfaces—arc, curvature, and the like—of the lens have
been computed), initiating the light transmission of the irradiation pattern from a light source
(DLP projector 730; Figure 7) through a diffuser (diffuser 736; Figure 7), wherein each point in a
thickness of the resin sufficient to form the lens ([0041] The diffuser can also mix light from the
pixel/inter-pixel structure to create a homogeneous irradiance pattern for the layer 710) is
illuminated by at least 10% of an area of the diffuser (Rodriguez shows the diffuser receives
light 740 which forms the homogeneous irradiance pattern that in turn forms the layer 710. The
area under 710 receives the diffused light and, therefore, the portion of the diffuser corresponding to where layer 710 forms provides illumination. The portion of the diffuser
corresponding to where layer 710 forms is a majority of the diffuser (i.e. at least 10% of the
diffuser).
Further, the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to
the PGPub US20170210072, states on pg. 5 line 5 that some light distribution is shined on the
diffuser. Therefore, the light distribution of light 740 provides light to the diffuser such that the
light diffusion shown in Figure 7 occurs in multiple locations between ends of light 740, which
corresponds to a majority of the diffuser (at least 10% of the diffuser)). Forming custom lenses
with additive manufacturing provides a more efficient production process ([0011] An improved
additive process for eyewear lens preparation would be beneficial. The lenses could be made
on demand which has multiple benefits. Custom manufacturing lenses using an additive process
removes the need to produce and store semi-finished blanks, eliminates material waste
inherent in grinding, and reduces energy consumption by simplifying the overall process), and a
diffuser can reduce or eliminate shadows cast on the resin from defects while creating a
homogeneous irradiance pattern ([0041] As a result, shadows cast on the resin from defects are
reduced or eliminated. The diffuser can also mix light from the pixel/inter-pixel structure to
create a homogeneous irradiance pattern for the layer 710).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the input information of Panzer include the lens
prescription and the wearer information and for the light transmission of Panzer to go through
a diffuser, as taught by Rodriguez, for the benefit of providing a more efficient production
process of customized lenses and reducing or eliminating shadows cast on the resin from
defects while creating a homogeneous irradiance pattern.
Regarding claim 19, Panzer modified with Rodriguez teaches the method of claim 18. However, Panzer fails to teach wherein at least 15% of the area of the diffuser receives light from the light source.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches wherein at least 15% of the area of the diffuser receives light from the light
source ([0041] Light 740 will impinge from different directions at various points on the resin
706; the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to the PGPub
US20170210072, states on pg. 5 line 5 that some light distribution is shined on the diffuser.
Therefore, the light distribution of light 740 provides light to the diffuser between the light
beams 740 shown in Figure 7, which corresponds to a majority of the diffuser (at least 15% of
the diffuser)).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have at least 15% of the area of the diffuser of Panzer
modified with Rodriguez receive light from the light source, as taught by Rodriguez, for the
benefit of reducing or eliminating shadows cast on the resin from defects while creating a
homogeneous irradiance pattern. The method of claim 1 wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate.
Regarding claim 20, Panzer modified with Rodriguez teaches the method of claim 18. Further, Panzer teaches a single irradiation pattern coincides with forming the lens such that an exposure time would correspond to a single period of time ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al.
(US20200039118) and Rodriguez et al. (US20170210072) as evidenced by Rodriguez et al.
(Affidavit filed 01/07/2019 for application number 15/004,567- attached in Office Action mailed
05/06/2022), and further in view of Greene et al. (US20210387420).
Regarding claim 3, Panzer modified with Rodriguez teaches the method of claim 1. However, Panzer fails to explicitly teach wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate.
In the same field of endeavor pertaining to an additive manufacturing apparatus with a
diffuser, Greene teaches wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate (see diffuser 155 and build head 110 in Figure 1A).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have a diameter of the diffuser of Panzer modified
with Rodriguez be greater than or equal to a diameter of the substrate, as taught by
Greene, since changes in size and proportion have been found to be obvious design features
(see MPEP 2144.04 IV A). Therefore, changing the diameter of the diffuser or the substrate such
that the diameter of the diffuser is greater than or equal to a diameter of the substrate is an
obvious design feature.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al. (US20200039118), Rodriguez et al. (US20170210072) as evidenced by Rodriguez et al. (Affidavit filed 01/07/2019 for application number 15/004,567- attached in Office Action mailed 05/06/2022), and further in view of Crespo Vázquez et al. (US20150277146).
Regarding claim 6, Panzer modified with Rodriguez teaches the method of claim 1. However, Panzer fails to teach the method further comprising spinning the formed lens and applying a hard coating.
In the same field of endeavor pertaining to lens manufacturing using additive
manufacturing, Crespo Vázquez teaches the method further comprising spinning the formed
lens and applying a hard coating ([0067] Single surface contact methods may include spin,
spray, roller, blade and curtain coating). The coating may comprise protective materials that
provide a protective layer ([0067] As another example of protective materials, one surface of
the lens substrate may comprise a protective coating or layer).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the method of Panzer modified with Rodriguez
further comprise spinning the formed lens to apply hard coating, as taught by Crespo Vázquez, for the benefit of applying a protective layer to the lens.
Claim(s) 8, 9, 11-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al. (US20200039118), and further in view of Rodriguez et al. (US20170210072) as evidenced by Rodriguez et al. (Affidavit filed 01/07/2019 for application number 15/004,567- attached in Office Action mailed 05/06/2022) and Swanson et al. (US20130075957).
Regarding claim 8, Panzer teaches a method for creating a lens ([0006] methods for the manufacture of contoured articles such as lenses, particularly small lenses such as intraocular lenses, ophthalmic contact lenses, and microlenses), the method comprising:
receiving input information ([0007] a controller operatively associated with said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object and [0021] In some embodiments, each of the object(s) comprises a lens (e.g., an individual lens such as an ophthalmic contact lens or intraocular lens, a lens array; an individual microlens, a microlens array, etc.));
calculating creation instructions based on the input information, the creation instructions including: 1) an irradiation pattern, and 2) an exposure time to use a light transmission of the irradiation pattern to form a lens having the lens prescription ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention and [0050] FIG. 5 is a photograph of an individual lens 21 produced by the method of the present invention, produced from the same material as the microlens array shown in FIG. 4);
initiating the light transmission of the irradiation pattern from a light source ([0049]
delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a
single light pulse (projected against a screen)) into a container holding resin (see resin 23 in a
container in Figure 12) held within a substrate (see [0014] In some embodiments, the method includes contacting a substrate to the resin facing the window; and producing the objects adhered to the substrate while the substrate and the window remain stationary; and then separating the objects from the substrate (for example, which substrate can have a planar resin contact surface, or a contoured resin contact surface, e.g., to mold the opposing surface of the object), pedestals 27 and 27’ in Figure 9 and Figure 10, and light responsive polymer 22b that creates a transient form, such as a well or depression, in which the object 21″ can be produced in Figure 12); and
stopping the light transmission after the exposure time to form the lens, wherein the lens meets the creation instructions, wherein a single polymerization front has the shape of a target surface of the lens that meets the creation instructions (Abstract: said light source and configured to pattern and project said polymerizing light at a first light dosage sufficient to form the object in the resin under stationary conditions, while spatially modulating the first light dosage so that the first dead zone is spatially contoured in thickness, to produce a first contoured surface portion on each object, which first contoured surface portion is in contact with the first dead zone of unpolymerizable resin);
wherein the irradiation pattern is a single irradiation pattern that coincides with forming the lens ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention), and then draining the container of the resin.
However, Panzer fails to teach the input information including a lens prescription and
wearer information, forming a lens having the lens prescription and the wearer information,
initiating the light transmission of the irradiation pattern from a light source through a diffuser,
wherein each point in a thickness of the resin sufficient to form the lens is illuminated by at
least 10% of an area of the diffuser.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches the input information including a lens prescription and wearer information,
forming a lens having the lens prescription and the wearer information ([0050] The lenses may
be produced with the contour of the frame it will be put in, and optical and ergonomic criteria
can be taken into account during lens design. The systems and methods described herein have
as a prerequisite that the optimum surfaces—arc, curvature, and the like—of the lens have
been computed), initiating the light transmission of the irradiation pattern from a light source
(DLP projector 730; Figure 7) through a diffuser (diffuser 736; Figure 7), wherein each point in a
thickness of the resin sufficient to form the lens ([0041] The diffuser can also mix light from the
pixel/inter-pixel structure to create a homogeneous irradiance pattern for the layer 710) is
illuminated by at least 10% of an area of the diffuser (Rodriguez shows the diffuser receives
light 740 which forms the homogeneous irradiance pattern that in turn forms the layer 710. The
area under 710 receives the diffused light and, therefore, the portion of the diffuser corresponding to where layer 710 forms provides illumination. The portion of the diffuser
corresponding to where layer 710 forms is a majority of the diffuser (i.e. at least 10% of the
diffuser).
Further, the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to
the PGPub US20170210072, states on pg. 5 line 5 that some light distribution is shined on the
diffuser. Therefore, the light distribution of light 740 provides light to the diffuser such that the
light diffusion shown in Figure 7 occurs in multiple locations between ends of light 740, which
corresponds to a majority of the diffuser (at least 10% of the diffuser)). Forming custom lenses
with additive manufacturing provides a more efficient production process ([0011] An improved
additive process for eyewear lens preparation would be beneficial. The lenses could be made
on demand which has multiple benefits. Custom manufacturing lenses using an additive process
removes the need to produce and store semi-finished blanks, eliminates material waste
inherent in grinding, and reduces energy consumption by simplifying the overall process), and a
diffuser can reduce or eliminate shadows cast on the resin from defects while creating a
homogeneous irradiance pattern ([0041] As a result, shadows cast on the resin from defects are
reduced or eliminated. The diffuser can also mix light from the pixel/inter-pixel structure to
create a homogeneous irradiance pattern for the layer 710).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the input information of Panzer include the lens
prescription and the wearer information and for the light transmission of Panzer to go through
a diffuser, as taught by Rodriguez, for the benefit of providing a more efficient production
process of customized lenses and reducing or eliminating shadows cast on the resin from
defects while creating a homogeneous irradiance pattern.
Further, While Panzer teaches removing resin from the lens ([0058] Once produced, objects as described above can be collected by any suitable technique, such as by scraping them from a surface, washing or flushing them from a resin in which they are suspended), Panzer fails to teach the method further comprising draining the container of the resin.
In the same field of endeavor pertaining to post-processing of parts manufactured in an
additive manufacturing apparatus, Swanson teaches the method further comprising draining
the container of the resin ([0027] Outlet line 32 is desirably located at or adjacent to tank floor 22, and provides an exit route for draining aqueous fluid 26 from interior volume 24). Draining
the container of resin allows for the fluid to be reclaimed in a separate tank and recycled back
into the container ([0028] reclamation unit 34 is a separate treatment tank configured to
reclaim at least a portion of the soluble support materials that are dissolved or otherwise
suspended in aqueous fluid 26… recirculation line 36 is configured to recycle aqueous fluid 26
back into inlet line 30 and/or directly into reservoir tank 16).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the method of Panzer modified with Rodriguez
further comprise draining the container of resin, as taught by Swanson, for the benefit of
reclaiming and recycling the fluid back into the container.
Regarding claim 9, Panzer modified with Rodriguez and Swanson teaches the method of claim 8. However, Panzer fails to teach wherein at least 15% of the area of the diffuser receives light from the light source.
In the same field of endeavor pertaining to an additive manufacturing apparatus,
Rodriguez teaches wherein at least 15% of the area of the diffuser receives light from the light
source ([0041] Light 740 will impinge from different directions at various points on the resin
706; the affidavit filed 01/07/2019 for app no. 15/004,567, which corresponds to the PGPub
US20170210072, states on pg. 5 line 5 that some light distribution is shined on the diffuser.
Therefore, the light distribution of light 740 provides light to the diffuser between the light
beams 740 shown in Figure 7, which corresponds to a majority of the diffuser (at least 15% of
the diffuser)).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have at least 15% of the area of the diffuser of Panzer
modified with Rodriguez and Swanson receive light from the light source, as taught by Rodriguez, for the benefit of reducing or eliminating shadows cast on the resin from defects while creating a homogeneous irradiance pattern.
Regarding claim 11, Panzer modified with Rodriguez and Swanson teaches the method of claim 8.
However, Panzer fails to teach the method further comprising spinning the formed
lens to remove remaining resin.
In the same field of endeavor pertaining to post-processing of parts manufactured in an
additive manufacturing apparatus, Swanson teaches the method further comprising spinning
the formed lens to remove remaining resin ([0078] where the agitated portion of aqueous fluid
426 is drawn and jetted through floor screen 452, and flows throughout the interior region of
vessel body 440. As discussed above, motor assembly 448 desirably reverses the rotational
direction of impeller 460 periodically, as discussed above, and as illustrated by arrows 474 and
475; Figure 9B). Spinning the formed lens to remove remaining resin may increase the
dissolution rate of the resin in a local region around the additively manufactured part ([0024]
the localized agitation may provide increased dissolution rates by agitating the aqueous fluid in a local region around each 3D part).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the method of Panzer modified with Rodriguez
and Swanson to further comprise spinning the formed lens to remove remaining resin, as
taught by Swanson, for the benefit of increasing the dissolution rate of the resin in a local
region around the additively manufactured part.
Regarding claim 12, Panzer modified with Rodriguez and Swanson teaches the method
of claim 8. However, Panzer fails to teach the method further comprising applying heat and/or
light to the formed lens to complete curing of the formed lens.
In the same field of endeavor pertaining to post-processing of parts manufactured in an
additive manufacturing apparatus, Swanson teaches the method further comprising applying
heat and/or light to the formed lens to complete curing of the formed lens ([0029] Removal
system 10 also includes heat exchanger 39, which is one or more heat exchange elements). The
heat assists in dissolving a soluble support structure ([0029] heat exchange elements configured
to heat aqueous fluid 26 to one or more desired temperatures to assist in dissolving the soluble
support structures).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the method of Panzer modified with Rodriguez
and Swanson further comprise applying heat and/or light to the formed lens to complete curing
of the formed lens, as taught by Swanson, for the benefit of assisting in dissolving a soluble
support structure.
Regarding claim 13, Panzer modified with Rodriguez and Swanson teaches the method of claim 8.
Further, Panzer teaches the method further comprising removing the formed lens from the substrate ([0014] In some embodiments, the method includes contacting a substrate to the resin facing the window; and producing the objects adhered to the substrate while the substrate and the window remain stationary; and then separating the objects from the substrate (for example, which substrate can have a planar resin contact surface, or a contoured resin contact surface, e.g., to mold the opposing surface of the object)).
Regarding claim 14, Panzer modified with Rodriguez and Swanson teaches the method of claim 8.
Further, Panzer teaches wherein the creation instructions include 3) a resin composition (Abstract: a first light dosage sufficient to form the object in the resin under stationary conditions, Panzer incorporates DeSimone et al., U.S. Pat. No. 9,205,601 as discussed in [0046], and DeSimone et al. in ‘601 teaches printing instructions will depend on the nature of the specific polymerizable liquid in col 21 line 5-11).
Regarding claim 15, Panzer modified with Rodriguez and Swanson teaches the method of claim 14.
Further, Panzer teaches wherein the resin composition includes specific amounts, portions or concentrations of an inhibitor ([0008] the inhibitor of polymerization comprises oxygen), a photo initiator (a specific amount, portion or concentration can be 0%) and a monomer or oligomer ([0046] the carrier, window, projector, and controller can (in some embodiments) be as described in DeSimone et al., U.S. Pat. No. 9,205,601 (the disclosure of which is incorporated herein by reference); Desimone et al. teaches a monomer in the disclosure of U.S. Pat. No. 9,205,601 col 10 line 9-23)).
Regarding claim 17, Panzer modified with Rodriguez and Swanson teaches the method of claim 8.
Further, Panzer teaches wherein the exposure time is a single period of time ([0049] the entire production of the object may be accomplished by delivering a single pulse light of light (for example, a single .png file). FIG. 3 is a photograph of a single light pulse (projected against a screen) for producing a microlens array in accordance with a process of the present invention).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al. (US20200039118), Rodriguez et al. (US20170210072) as evidenced by Rodriguez et al. (Affidavit filed 01/07/2019 for application number 15/004,567- attached in Office Action mailed 05/06/2022), and Swanson et al. (US20130075957), and further in view of Greene et al. (US20210387420).
Regarding claim 10, Panzer modified with Rodriguez and Swanson teaches the method of claim 8. However, Panzer fails to explicitly teach wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate.
In the same field of endeavor pertaining to an additive manufacturing apparatus with a
diffuser, Greene teaches wherein a diameter of the diffuser is greater than or equal to a diameter of the substrate (see diffuser 155 and build head 110 in Figure 1A).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have a diameter of the diffuser of Panzer modified
with Rodriguez and Swanson be greater than or equal to a diameter of the substrate, as taught by Greene, since changes in size and proportion have been found to be obvious design features
(see MPEP 2144.04 IV A). Therefore, changing the diameter of the diffuser or the substrate such
that the diameter of the diffuser is greater than or equal to a diameter of the substrate is an
obvious design feature.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Panzer et al. (US20200039118), Rodriguez et al. (US20170210072) as evidenced by Rodriguez et al. (Affidavit filed 01/07/2019 for application number 15/004,567- attached in Office Action mailed 05/06/2022) and Swanson et al. (US20130075957), and further in view of Crespo Vázquez et al. (US20150277146).
Regarding claim 16, Panzer modified with Rodriguez and Swanson teaches the method of claim 1. However, Panzer fails to teach the method further comprising spinning the formed lens and applying a hard coating.
In the same field of endeavor pertaining to lens manufacturing using additive
manufacturing, Crespo Vázquez teaches the method further comprising spinning the formed
lens and applying a hard coating ([0067] Single surface contact methods may include spin,
spray, roller, blade and curtain coating). The coating may comprise protective materials that
provide a protective layer ([0067] As another example of protective materials, one surface of
the lens substrate may comprise a protective coating or layer).
It would have been obvious before the effective filing date of the claimed invention to a
person having ordinary skill in the art to have the method of Panzer modified with Rodriguez and Swanson further comprise spinning the formed lens to apply hard coating, as taught by Crespo Vázquez, for the benefit of applying a protective layer to the lens.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 and claim 17 of U.S. Patent No. 11,633,907 (herein referred to as Reference Patent). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, Reference Patent teaches a method for creating a lens (col 16 line 11), the method comprising:
receiving input information including a lens prescription and wearer information (col 16 line 13-14);
calculating creation instructions based on the input information, the creation instructions including: 1) an irradiation pattern, and 2) an exposure time to use a light transmission of the irradiation pattern to form a lens having the lens prescription (col 16 line 15-20);
initiating the light transmission of the irradiation pattern from a light source through a diffuser into a container holding resin held within a substrate, wherein each point in a thickness of the resin sufficient to form the lens is illuminated by at least 10% of an area of the diffuser (col 16 line 21-26); and
stopping the light transmission after the exposure time to form the lens, wherein the lens meets the creation instructions, wherein a single polymerization front has the shape of a target surface of the lens that meets the creation instructions (col 16 line 27-32), wherein the irradiation pattern is a single irradiation pattern that coincides with forming the lens having the lens prescription (claim 17 in col 18 line 22-25.
Regarding claim 2, see claim 2 of Reference Patent.
Regarding claim 3, see claim 3 of Reference Patent.
Regarding claim 4, see claim 1 in col 16 line 20 of Reference Patent.
Regarding claim 5, see claim 8 of Reference Patent.
Regarding claim 6, see claim 16 of Reference Patent.
Regarding claim 7, see claim 17 of Reference Patent.
Regarding claim 8, see claim 1 and claim 4 of the Reference Patent.
Regarding claim 9, see claim 1, claim 2, and claim 4 of the Reference Patent.
Regarding claim 10, see claim 1, claim 3, and claim 4 of the Reference Patent.
Regarding claim 11, see claim 1, claim 4, and claim 5 of the Reference Patent.
Regarding claim 12, see claim 1, claim 4, and claim 6 of the Reference Patent.
Regarding claim 13, see claim 1, claim 4, and claim 7 of the Reference Patent.
Regarding claim 14, see claim 1 and claim 4 of the Reference Patent.
Regarding claim 15, see claim 1, claim 4, and claim 8 of the Reference Patent.
Regarding claim 16, see claim 1, claim 4, and claim 16 of the Reference Patent.
Regarding claim 17, see claim 1, claim 4, and claim 17 of the Reference Patent.
Regarding claim 18, see claim 1 and claim 7 of the Reference Patent.
Regarding claim 19, see claim 1, claim 2, and claim 7 of the Reference Patent.
Regarding claim 20, see claim 1, claim 7, and claim 17 of the Reference Patent.
Conclusion
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/ARIELLA MACHNESS/Examiner, Art Unit 1743
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