Patent Application 17786790 - OPHTHALMIC DEVICE HAVING ADJUSTABLE FILTERING - Rejection

Patent Application 17786790 - OPHTHALMIC DEVICE HAVING ADJUSTABLE FILTERING

Title: OPHTHALMIC DEVICE HAVING ADJUSTABLE FILTERING PROPERTIES

Application Information

• Invention Title: OPHTHALMIC DEVICE HAVING ADJUSTABLE FILTERING PROPERTIES
• Application Number: 17786790
• Submission Date: 2025-04-07T00:00:00.000Z
• Effective Filing Date: 2022-06-17T00:00:00.000Z
• Filing Date: 2022-06-17T00:00:00.000Z
• National Class: 351
• National Sub-Class: 159560
• Examiner Employee Number: 100132
• Art Unit: 2872
• Tech Center: 2800

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

• US 5663779🔗

Office Action Text

    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 .
Response to Amendment
This office action is in response to the communications filed 6/17/2022 and 2/6/2023.
Amendments to claims 1-15, filed 6/17/2022, are acknowledged and accepted.
Newly submitted claim 16, filed 6/17/2022, is acknowledged and accepted.
Amendment to the specification, filed 6/17/2022, is acknowledged and accepted.
Amendment to claim 6, filed 2/6/2023, is acknowledged and accepted.
Information Disclosure Statement
The information disclosure statement submitted on 6/17/2022 is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it includes legal phraseology (“said first polarizer”, “said second polarizer”, “said adjustable filtering member”).  A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 9 and 16 are 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.
Regarding claims 9 and 16, lines 1-3 recite “wherein said adjustable filtering member is configured to rotate said polarization plane of light received from said at least one first polarizer on a range of angles of rotation”. It is unclear whether the range of angles of rotation are associated with the rotation of the polarization plane, or with the rotation of the adjustable filtering member itself. For examination purposes, and per lines 3-9 on page 12 the disclosure, this limitation shall be interpreted as describing the rotation of the adjustable filtering member itself.
	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.

(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

Claims 1-4, 8, and 10-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(1) as being anticipated by Kuboi et al (US 20180017780 A1, hereinafter “Kuboi”).
Regarding claim 1, Kuboi discloses an ophthalmic device having adjustable filtering properties (see FIG. 6-7 and ¶ 38: “the color changeable optical filter … is incorporated into… the eyeglasses shown in FIG. 6”), comprising
at least one first polarizer (polarizing film 60), 
at least one second polarizer (polarizing film 60, two of which are shown in FIG. 7) which is fixed relative to said first polarizer (polarizing film 60), and 
at least one adjustable filtering member (nematic liquid crystal material 63) located between said first and second polarizers (i.e. between the two polarizing films 60 in FIG. 7) and configured to rotate a polarization plane of light received from said first polarizer and propagating towards said second polarizer (see ¶s 7 and 37 – regarding the relative rotation of a polarization plane of light, either entering or exiting one of the polarizers, and how such “relative rotation of the polarization planes are achieved by controlling the voltage applied to a liquid crystal device interposed between plurality of the polarizers”); 
wherein said adjustable filtering member (nematic liquid crystal material 63) is configured to admit a plurality of active states, in each of which said adjustable filtering member rotates the polarization plane according to a respective and predetermined angle. (See ¶ 37 – regarding how “relative rotation of the polarization planes are achieved by controlling the voltage applied”. Note also that each active state directly corresponds to a relative rotation, i.e. an associated rotation angle, and hence voltage in Kuboi. Since Kuboi, in ¶s 64-73, compares the optical behavior between two voltage applications of 0V and 9V, Kuboi’s nematic liquid crystal material 63 – corresponding to the adjustable filtering member – must therefore admit at least two corresponding active states. Note lastly that since, by definition, nematic liquid crystal material 63 has a preferred/nematic axis which determines rotation angles, the rotation angles must therefore be set during device assembly, and are thus predetermined.)
Regarding claim 2, Kuboi discloses the ophthalmic device of claim 1, wherein said adjustable filtering member (nematic liquid crystal material 63) is a half-wave plate (by definition, a half-wave plate rotates the polarization plane of linearly polarized light – a function performed by nematic liquid crystal material 63; see ¶ 37).
Regarding claim 3, Kuboi discloses the ophthalmic device of claim 1, wherein it comprises at least a frame (see FIG. 6) in which are fixedly mounted said at least one first and at least one second polarizers (two polarizing films 60, both included in “the color changeable optical filter… incorporated into… frame 11 [sic] of the eyeglasses shown in FIG. 6”; see ¶ 38 and note that ‘11’ should read ‘10’).
Regarding claim 4, Kuboi discloses the ophthalmic device of claim 3, wherein said frame is a spectacle frame (see FIG. 6) having two bearing portions (frame 10) into each of which is at least partially mounted one said first polarizer, one said second polarizer and one said adjustable filtering member (polarizing films 60 and nematic liquid crystal material 63, all of which are included in “the color changeable optical filter… incorporated into… frame 11 [sic] of the eyeglasses shown in FIG. 6”; see ¶ 38 and note that ‘11’ should read ‘10’).
Regarding claim 8, Kuboi discloses the ophthalmic device of claim 1, wherein said at least one second polarizer (polarizing film 60) has a polarizing axis which is oriented parallel or perpendicular to a polarizing axis of said first polarizer (polarizing film 60; see ¶ 22 regarding parallelly/perpendicularly oriented polarization planes of the two polarizers).
Regarding claim 10, Kuboi discloses the ophthalmic device of claim 1, wherein said adjustable filtering member (nematic liquid crystal material 63) is a half-wave plate that is flat or curved (see FIG. 7, where nematic liquid crystal material 63 is illustrated as having a flat, square-like shape with curved corners).
Regarding claim 11, Kuboi discloses the ophthalmic device of claim 1, wherein it comprises at least one ophthalmic lens on which is fixed or which is integrally formed with at least one of said first and second polarizers. (See ¶ 16: “the polarizer [i.e., polarizing films 60] may be attached, as required, to a substrate in the form of a prescribed lens”.)
Regarding claim 12, Kuboi discloses the ophthalmic device of claim 11, wherein said at least one ophthalmic lens has corrective optical properties. (See ¶ 16: “the polarizer [i.e. polarizing films 60] may be attached, as required, to a substrate in the form of a prescribed lens”. Note further that lens prescriptions are generally given for correcting eyesight.)
Regarding claim 13, Kuboi discloses the ophthalmic device of claim 1, wherein said at least one adjustable filtering member (nematic liquid crystal material 63) is electrically controlled (see ¶ 38 regarding electrical connection for voltage application).
Regarding claim 14, Kuboi discloses the ophthalmic device of claim 13, wherein said at least one adjustable filtering member (nematic liquid crystal material 63) is controlled by applying a predetermined voltage value selected amongst a range of voltage values, each voltage value corresponding to a respective active state and thus a respective predetermined angle of rotation of the polarization plane (See ¶ 37. See also ¶ 64-73, where Kuboi controls the optical behavior of the color changeable filter, including nematic liquid crystal material 63, through select voltage values of 0V and 9V. Naturally, these values lie in a voltage range which at least include 0V and 9V, and they must also be selected according to inherent device-specific details which are set during device assembly – i.e. these values are predetermined. Note lastly that, as established in regards to claim 1 above, each active state directly corresponds to a rotation angle for the polarization, and hence voltage in Kuboi.
Regarding claim 15, Kuboi discloses the ophthalmic device of claim 1, wherein said adjustable filtering properties are configured for varying at least one of darkness, colours, contrast enhancer, and spectral behaviours depending on wavelengths (see ¶s 39 and 64-73 regarding control of hue, chroma, and lightness).

	Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA  35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.

Claims 5-7, 9, and 16 are rejected under pre-AIA  35 U.S.C. 103(a) as being unpatentable over Kuboi, as applied to claims 1 and 4 above, and further in view of Karasawa (US 5663779).
Regarding claim 5, Kuboi discloses the ophthalmic device of claim 4.
Kuboi does not disclose wherein said frame comprises a synchronization member connected to said two bearing portions and configured to synchronize the selected active states of said adjustable filtering members which are mounted in said two bearing portions, so that the corresponding angles of rotation of the respective polarization planes are similar.
Kuboi and Karasawa are related as being directed towards spectacles that support polarizing lens elements for manipulating colored light transmission.
Karasawa discloses (see FIGs. 5-8) wherein said frame (spectacle frame 6) comprises a synchronization member (belt 100) connected to said two bearing portions (individual lens assemblies 11) and configured to synchronize the selected active states of said adjustable filtering members (second/internal lens elements 56) which are mounted in said two bearing portions (individual lens assemblies 11), so that the corresponding angles of rotation of the respective polarization planes are similar. (Refer to col. 5 line 44 to col. 6 line 8, describing rotation of internal lens elements 56, corresponding to adjustable filtering members, and how belt 100 is involved in their synchronization. Note also that, as established above in regards to claim 1, each active state corresponds to a rotation angle for the polarization plane, which is further tied to the orientation of each adjustable filtering member’s nematic axis. Thus, by synchronizing the rotation and nematic axes of both members, their associated angles of rotation of polarization planes will be equal or “similar”, and their selected active states will be synchronized.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kuboi by adopting design features of Karasawa which enable the rotation/synchronization of adjustable filtering members, in order to regulate light transmission while also reducing lens contamination (see col. 1 lines 14-54 of Karasawa).
Regarding claim 6, Kuboi discloses the ophthalmic device of claim 1.
Kuboi does not disclose wherein said at least one adjustable filtering member is rotatable with respect to said first and second polarizers, said active states being selected by rotating said at least one adjustable filtering member according to distinct angles of rotation.
Kuboi and Karasawa are related as being directed towards spectacles that support polarizing lens elements for manipulating colored light transmission.
Karasawa discloses (see FIG. 6) wherein said at least one adjustable filtering member (second/internal lens element 56) is rotatable with respect to said first and second polarizers (front and rear panes 14 and 16), said active states being selected by rotating said at least one adjustable filtering member according to distinct angles of rotation. (As established above in regards to claim 1, each active state corresponds to a rotation angle for the polarization plane, which is further tied to the orientation of each adjustable filtering member’s nematic axis. Thus, by rotating Karasawa’s internal lens element 56 itself, corresponding to the adjustable filtering member, different active states may be selected according to distinct angles of rotation.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kuboi by adopting design features of Karasawa which enable the rotation of adjustable filtering members, in order to regulate light transmission while also reducing lens contamination (see col. 1 lines 14-54 of Karasawa).
Regarding claim 7, Modified Kuboi discloses the ophthalmic device of claim 6.
Karasawa further discloses (see FIG. 7-8 and col. 5 line 44 to col. 6 line 8) wherein it comprises at least an actuator (internal gear 104) configured for rotating said at least one adjustable filtering member (internal lens element 56), said actuator (internal gear 104) extending from a carrier (internal gearing 108) of said ophthalmic device (note from FIG. 8 that internal gearing 108’s teeth engage/carry the teeth of internal gear 104) which is fixed to and at least partially surrounds said at least one adjustable filtering member (second/internal lens element 56, the circumference of which is partially spanned/surrounded by internal gearing 108’s teeth), or is laminated on said at least one adjustable filtering member.
Regarding claim 9, Kuboi discloses the ophthalmic device of claim 1, wherein said adjustable filtering member (nematic liquid crystal material 63) is configured to rotate said polarization plane of light received from said at least one first polarizer (polarizing film 60; see ¶s 7 and 37).
Kuboi does not disclose a range of angles of rotation of 45° between 0° and 45°.
Kuboi and Karasawa are related as being directed towards spectacles that support polarizing lens elements for manipulating colored light transmission.
Kurasawa discloses an adjustable filtering member (second/internal lens element 56) with a range of angles of rotation of 45° between 0° and 45° (see annotated FIG. 8 below). 

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[AltContent: textbox (FIG. 8 of Kurasawa is annotated to identify an approximately 45° range of rotation angles spanned by internal gearing teeth 108. This would translate to a 45° range of rotation for the internal lens element 56 that corresponds to Applicant’s adjustable filtering member.)]It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kuboi by adopting design features of Karasawa which enable the rotation of adjustable filtering members within the disclosed range, in order to regulate light transmission while also reducing lens contamination (see col. 1 lines 14-54 of Karasawa).

 
Regarding claim 16, Modified Kuboi discloses the ophthalmic device of claim 9, wherein said adjustable filtering member (nematic liquid crystal material 63) is configured to rotate said polarization plane of light received from said at least one first polarizer (polarizing film 60; see ¶s 7 and 37). 
Modified Kuboi further discloses a range of angles of rotation of 30° between 7.5° and 37.5° (see annotated FIG. 8 above, where a range of angles of rotation of 45° between 0° and 45° is identified; this entirely encompasses the claimed range).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LC-Tec (see PTO-892) discloses a variable polarization rotator (VPR) based on liquid-crystal materials, whose implementation – e.g., in the above-cited ophthalmic devices of Kuboi or Karasawa – would further enable user access to a wide and continuous spectrum of active states and polarization rotation angles, using only voltage application methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAI-GA D. HO whose telephone number is (571)270-1624. The examiner can normally be reached Monday through Friday, 10AM - 6PM E.T..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.D. H./Examiner, Art Unit 2872   

/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872