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 Objections
Claim 35 is objected to because of the following informalities: "comprises a body having planar top and bottom surface" in line 3 should read "comprises a body having . Appropriate correction is required.
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.
Claims 33 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 33 recites the limitation "by delivery of suction through at least one suction opening in the insert contact face" in lines 2-3. It is unclear if “at least one suction opening” is referring to that as referenced in claim 31, line 17 or is separate therefrom. For examination purposes, the limitation is read as “by delivery of suction through the at least one suction opening in the insert contact face”.
The term “generally ” in claim 38, line 6 is a relative term which renders the claim indefinite. The term “generally horizontal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear to what degree generally horizontal means. For examination purposes, the limitation is read as ".
Claim 39 recites the limitation "wherein at least one mold engagement feature" in lines 2-3. It is unclear if “at least one mold engagement feature” is referring to that as referenced in claim 35, lines 3-4 or is separate therefrom. For examination purposes, the limitation is read as “wherein the at least one mold engagement feature”.
The term “generally match” in claim 42, line 2 is a relative term which renders the claim indefinite. The term “generally match” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear to what degree generally match means. For examination purposes, the limitation is read as ".
Allowable Subject Matter
Claims 31- allowed.
The following is an examiner’s statement of reasons for allowance: Claim 31 is allowable for requ:
“…releasably engaging a lens insert comprising a first material onto an insert contact face of an insert placement and positioning device, wherein the insert placement and positioning device comprises a positioning housing, a suction conduit connected to an external suction source and extending centrally and axially through the positioning housing from top to base, an insert pick-up head mounted to the suction conduit, and a positioning ring coupling the suction conduit with the positioning housing at the top of the positioning housing, wherein the insert pickup head comprises the insert contact face configured for cooperative releasable engagement of the lens insert, at least one suction opening in fluid communication with the suction conduit, and at least one pressure relief channel, wherein the positioning housing comprises at least one positioning feature which comprises an external geometry and outside diameter around its base that is configured for a clearance or interference fit within the internal geometry of the circumferential flange of the lens forming mold element to provides precise locational positioning of the insert pickup head relative to the lens forming mold element both in an axial dimension and in a transverse dimension orthogonal to the axial dimension”.
and is allowable for the same reasons as discussed in application 18/070189.
The closest prior art, Linhardt (US 2014/0197558 A1), discloses an insert placement and molding system (Figure 3) for fabricating a hybrid contact lens product (210) having a lens insert (202) embedded within a lens body (Figure 3G; paragraph 0055), the lens insert comprising a first material and the lens body comprising a second material different from the first material (paragraph 0037), the insert placement and molding system comprising:
a lens forming mold element (anterior mold 204); and
an insert placement and positioning device (positioning apparatus 304 in Figure 3B; paragraph 0040) comprising an insert pickup head (Figure 3B, portions of 304 adjacent to ring-shaped structure 202), a suction conduit (paragraph 0041, may be a robotic system configured to place the ring-shaped structure 202 at a defined location…e.g., via suction) and a positioning housing (paragraph 0042);
the insert pickup head comprising an insert contact face configured for cooperative releasable engagement of the lens insert (Figure 3B; paragraph 0041), and at least one suction opening in fluid communication with the suction conduit; and
the positioning housing comprising at least one positioning feature for precise locational positioning of the insert pickup head relative to the lens forming mold element (paragraph 0042, a vision system configured to assist with the placement of the ring-shaped structure 202. Such a vision system may facilitate guiding the ring-shaped structure 202 to a precise location on the anterior mold 204).
Another prior art, Su (US 5,632,936 A), is referenced for disclosing a molding system (Figures 1-4) for fabricating a contact lens (col. 1, lines 52-62), comprising: a support base (2) comprising at least one mold engagement feature (projecting member 16 in Figures 2, 4) configured to engage a lens forming mold element (mold member 1) and retain the lens forming mold element in a fixed position relative to the support base (col. 3, lines 22-25, the mold member 1 is fitted over the projection member 16 of the tool 2; col. 4, lines 23-26, the generally cylindrical wall 23 can be made to extend slightly outwardly by an angle θ in a frustoconical manner to facilitate placement of the mold member 1 on to the projection member 16 of the tool 2; col. 4, lines 29-31, the projection member 16 of the tool is configured to conform to the shape of the mold member 1).
However, neither Linhardt nor Su, alone or in combination, disclose an insert placement and positioning device and positioning housing having the specific structure as claimed. As disclosed in the current application, a system and device having the specific structure and limitations as claimed allows for precise placement or positioning of an insert within a lens body to produce a hybrid contact lens, without the need for post structures on the front curve of a lens mold, as is conventional in the art (paragraphs 0003-0004 of the instant Specification).
Claims 32, 34-37, 40-41 and 43-46 are allowable at least for depending on claim 31.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 7/21/2026
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