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 .
Status of Claims
The amendments and remarks filed on 09DEC2025 have been entered and considered.
Claims 1-2, 4-7, 9-12, 15-16, & 34-43 are currently pending.
Claims 1, 16, 34, & 40 have been amended.
No claims have been added or withdrawn.
No new matter has been added.
Claims 1-2, 4-7, 9-12, 15-16, 34-43 are under examination.
Response to Arguments
Applicant's amendments filed 09DEC2025 regarding the claim objections have been fully considered and have been found to obviate the objections. Therefore, the claim objections have been withdrawn.
Applicant's arguments filed 09DEC2025 regarding the rejections under 35 USC 103 have been fully considered and have been found to be persuasive. Therefore, the rejections have been withdrawn. A new ground for rejection is provided below.
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.
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.
Claims 1-2, 4-7, 9-12, 15-16, & 34-43 are rejected under 35 U.S.C. 103(a) as being unpatentable over Samec et al. (US Publication No 20170017083; Cited Previously) in view of Sabesean et al. (Characterizing the Human Cone Photoreceptor Mosaic via Dynamic Photopigment Densitometry
Sabesan R, Hofer H, Roorda A (2015) Characterizing the Human Cone Photoreceptor Mosaic via Dynamic Photopigment Densitometry. PLOS ONE 10(12): e0144891. https://doi.org/10.1371/journal.pone.0144891).
Regarding claim 1, Samec discloses a method of stimulating a retina of an eye (Samec ¶1575 “The treatment protocol can include the methods described herein, including methods that are designed to strengthen muscles of a weaker eye and/or to stimulate neural responses to optic signals from a weaker eye.”; The optical signals in the eye are generated in the retina from photoreceptors, therefore this treats and strengthens weakened optical signals), the method comprising: mapping the retina to determine a map of the retina (Samec ¶1484 “For example, by mapping the eye to determine dead/weak spots, the intensity of light of a projected image may be increased for identified areas of the eye or retina having dead or weak spots. Thus, in some embodiments, modification of the image may be performed by modifying the intensity of one or more portions of the image to be presented. For example, a fiber scanning display or a spatial light modulator included in the ophthalmic system may vary intensity while generating the image.”; ¶1556; ¶1882); defining a retinal parameter map by assigning one or more parameters to each of a plurality of positions on the map of the retina (Samec ¶1517 “the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user”; ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices”), receiving an image signal (Samec ¶2087 “Images of the wearer's retina may be used in addition to the results of the testing described above to improve the reliability of macular deficiency diagnosis. Such images may be obtained, for example, by an ophthalmoscope or funduscope, optical coherence tomography, or other imaging technology, various of which are discussed herein.”); calculating, based on the image signal and the retinal parameter map, target stimulus values to be applied for the plurality of positions on the map of the retina, based on a biological type of the individual photosensitive cell at the position based on a virtual photoreceptor type of the individual photosensitive cell at the position, or based on a photo-response function of the individual photosensitive cell at the position (Samec ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices.”; ¶2038; ¶1032; ¶2064; ¶1971; ¶1604 “the ophthalmic system automatically detects performance of the user during the administered treatment protocol. In block 1212, the ophthalmic system can be configured to return to block 1204 to update or adjust the treatment protocol based on the detected performance of the wearer during the administered treatment protocol.”; ¶1434; ¶1697; ¶1743; ¶1845; ¶1846; ¶2045); and physically delivering a stimulus to the plurality of individual photosensitive cells based on the calculated target stimulus values (Samec ¶1484 “For example, the wavelength of the light presented to the user may be changed based on the color blindness prescription to compensate for the color blindness.” Showing a treatment performed for color blindness; ¶1892; ¶2120 “In one or more embodiments, the ophthalmic system may comprise one or more laser modules to selectively administer laser therapy into the user's eyes. By determining the presence and/or location of the disease or application, an area requiring treatment may be determined, a treatment protocol may be determined, and the laser may be activated such that laser therapy is specifically delivered to particular part(s) of the eye.”; ¶1269 “wherein the augmented reality head-mounted ophthalmic system is configured to deliver therapy other than light therapy to the wearer.” Describing another form of therapy performed by the device).
Samec does not disclose wherein each position on the map represents an individual photosensitive cell of the retina; and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell. Sabesean in a similar field of endeavor of retinal mapping teaches wherein each position on the map represents an individual photosensitive cell of the retina (Sabeasean Figure 2 Showing a mapping of the retinal mosaic of subjects where each cone cell type is color coded; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “); and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell. (Sabesean Discussion Lines 1-3 “The trichromatic cone mosaic was characterized using photopigment densitometry. High-resolution AO imaging allowed obtaining photopigment-specific bleaching signatures from individual cones with high efficiency.” Showing that the cell types are categorized; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “).
Before the effective filing date of the claimed invention, it would have been obvious to a person of skill in the art to modify system of Samec by integrating the methods for retinal mapping wherein each position on the map represents an individual photosensitive cell of the retina; and wherein one or more assigned parameters of the map include one or more of a biological type of each photosensitive cell wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell, of Sabesean into Samec, for the purposes of improved ability to stimulate and probe retinal function.
Regarding claim 2, Samec additionally discloses wherein mapping the retina includes scanning the retina with an adaptive optics scanning laser ophthalmoscope (AOSLO) to image the retina. (Samec ¶1962 “The device 2650 configured as a confocal microscope, a scanning laser ophthalmoscope, adaptive optics scanning laser ophthalmoscope and/or two-photon microscope can be used to visualize retinal topography, deep fundus imaging (i.e., detecting lesions), retinal pigment epithelium (RPE) changes and other age-related macular degeneration.”; ¶1972).
Regarding claim 4, Samec additionally discloses wherein the receiving an image signal includes receiving and/or creating one of an RGB image or video, a hyper-spectral image or video, a grayscale image or video, or a full color image or video. (Samec ¶2212 “For example, a video may include many frames, with each frame having millions of pixels, and specifically programmed computer hardware is necessary to process the video data to provide a desired image processing task or application in a commercially reasonable amount of time”; ¶1728; ¶2087 “In some embodiments, a plurality of images differing in contrast, saturation, hue, intensity, periodicity or spatial frequency, or any other characteristic may be presented to the wearer at different locations on the wearer's retina so as to diagnose various sensitivity losses due to macular deficiencies. Images of the wearer's retina may be used in addition to the results of the testing described above to improve the reliability of macular deficiency diagnosis. Such images may be obtained, for example, by an ophthalmoscope or funduscope, optical coherence tomography, or other imaging technology, various of which are discussed herein.”).
Regarding claim 5, Samec additionally discloses including tracking a relative movement of the eye to determine eye tracking information. (Samec ¶1093 “The device of any of embodiments 1-10, wherein detecting a response comprises detecting a movement of the eye of the wearer”; ¶1446; ¶1457).
Regarding claim 6, Samec additionally discloses wherein calculating target stimulus values includes computing, based on the image signal and the eye tracking information, a transformation of the image signal onto the map of the retina. (Samec ¶1517 “t 1004, the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user. In some embodiments, the mapping table may comprise an association of different optical prescriptions to different image modification programs. For example, for a given optical prescription of the user, the mapping table may list an image modification program configured to compensate for the vision defects as defined by the optical prescription”; ¶1882).
Regarding claim 7, Samec additionally discloses wherein computing the transformation includes mapping display coordinates onto the map of the retina. (Samec ¶1882; ¶1452 “The focal distance may take on a finite number of depths, or may be infinitely varying. Light projected from the vergence distance appears to be focused to the subject eye (20), while light in front of or behind the vergence distance is blurred.”; Having the focal distance of a finite number of depths for determining vergence distances and those in front of or behind requires the discrete mapping of points around and on the eye. These finite number of depths are therefore coordinates of the mapping tasks being cited.).
Regarding claim 9, Samec additionally discloses wherein physically delivering stimulus to the retina includes scanning the retina with an adaptive optics scanning laser ophthalmoscope (AOSLO) to stimulate the retina. (Samec ¶1596 “At block 1210, the ophthalmic system projects stimulatory images attracting the attention of the weaker eye. These stimulatory images may be presented at prescribed locations and/or with enhanced visual characteristics—color saturation, contrast, resolution, depth cues, three-dimensional effects, brightness, intensity, focus, etc., thereby encouraging the eyes to focus and/or converge at a targeted location and/or encouraging the visual content from the weaker eye to strengthen it.”; ¶1962; ¶1972; ¶1955).
Regarding claim 10, Samec additionally discloses selecting a subset of the plurality of photosensitive cells as virtual photoreceptors., (Samec ¶1475 “One non-limiting advantage of the embodiments described herein, is that the ophthalmic system may be configured to dynamically correct vision defects as a user's vision changes over time, for example, 2, 3, 4, 6, or more times a year without requiring replacement or substitution of parts into the system. Rather, the parts can be dynamically reconfigured electrically during use of the ophthalmic device in real-time based on changes to the user's vision (e.g., the optical prescription)”; wherein the change to the user’s vision directly relates to the patient’s general eye health and the state of the associated photoreceptors that will further be represented virtually.) the virtual photoreceptors corresponding to locations on the map of the retina, wherein the calculating target stimulus values includes (Samec ¶1117 “The device of Embodiment 36, wherein the wearable device is configured to magnify or brighten pixels of the image projected to damaged areas of the eye”; ¶1128-¶1126; wherein these pixels are related to the associated photoreceptors of the eye as the pixels are compensating for damaged photoreceptors as described by compensations): mapping the image signal to locations on the map of the retina (Samec ¶1517 “t 1004, the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user. In some embodiments, the mapping table may comprise an association of different optical prescriptions to different image modification programs. For example, for a given optical prescription of the user, the mapping table may list an image modification program configured to compensate for the vision defects as defined by the optical prescription”; ¶1882); and computing the target stimulus value for each of the virtual photoreceptors based on a value of the image signal at the corresponding mapped location. (Samec ¶1117; ¶1128-¶1126).
Regarding claim 11, Samec additionally discloses wherein the plurality of photosensitive cells includes S-type, M-type and L-type cone cells of the eye, and wherein the virtual photoreceptors represent at least one type of the S-type, M-type and/or L-type cone cells, (Samec ¶2064 “Electroretinography (ERG) is the mass electrical response of the retina to photic stimulation, and can measure electric potentials of a variety of different cell types in the retina. Examples include photoreceptors, inner retinal cells, and ganglion cells. For example, the electrodes (2450) can be placed on the cornea such as via contact lenses, inserted between the cornea and the lower eyelid, or the skin near the eye. However, electrodes (2450) can also be placed to record ERG from the skin……Examples include dim flashing (for measuring photopic and/or scotopic rod cell activity), flashing (for measuring cone cell activity),”; The designation of photoreceptor cells by Samec includes those of the S,M, & L types as these are the main designations for photoreceptor cells.; ¶1694 “For example, the ophthalmic system can be configured to determine refractive errors for individual colors (e.g., red, green, blue, yellow, etc.). In some embodiments, the system can be configured to test a variety of depth planes. For example, the ophthalmic system can be configured to determine refractive errors for individual depth planes. This can result in an optical prescription that changes based at least in part on depth plane. Refractive correction for presbyopia may also be determined.").
Regarding claim 12, Samec additionally discloses wherein the target stimulus values delivered to the virtual photoreceptors represent one of: a color outside of the natural human color gamut; one or more color channels missing in a vision system of a color-blind person, or an image channel not normally viewable by the eye (Samec ¶2151 “In another example, the system may modify or shift colors to enhance the vision of the wearer, including colorblind wearers.”; ¶1766).
Regarding claim 15, Samec additionally discloses wherein the image channel includes one of an infrared image channel or an ultraviolet image channel. (Samec ¶1444 “The depicted embodiment also comprises two miniature infrared cameras (24) paired with infrared light sources (26, such as light emitting diodes “LED”s), which are configured to be able to track the eyes (20) of the user to support rendering and user input. The system (62) further features a sensor assembly (39), which may comprise X, Y, and Z axis accelerometer capability as well as a magnetic compass and X, Y, and Z axis gyro capability, preferably providing data at a relatively high frequency, such as 200 Hz. The depicted system also comprises a head pose processor (36), such as an ASIC (application specific integrated circuit), FPGA (field programmable gate array), and/or ARM processor (advanced reduced-instruction-set machine), which may be configured to calculate real or near-real time user head pose from wide field of view image information output from the capture devices”; ¶1737).
Regarding claim 16, Samec discloses a system for stimulating a retina of an eye (Samec ¶1575 “The treatment protocol can include the methods described herein, including methods that are designed to strengthen muscles of a weaker eye and/or to stimulate neural responses to optic signals from a weaker eye.”; The optical signals in the eye are generated in the retina from photoreceptors, therefore this treats and strengthens weakened optical signals), the system comprising: a retina mapper device configured to determine a map of the retina (Samec ¶1484 “For example, by mapping the eye to determine dead/weak spots, the intensity of light of a projected image may be increased for identified areas of the eye or retina having dead or weak spots. Thus, in some embodiments, modification of the image may be performed by modifying the intensity of one or more portions of the image to be presented. For example, a fiber scanning display or a spatial light modulator included in the ophthalmic system may vary intensity while generating the image.”; ¶1556); one or more processors configured to define a retinal parameter map by assigning one or more parameters to each of a plurality of positions on the map of the retina (Samec ¶1517 “the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user”; ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices”), wherein the retina mapper device includes an adaptive optics scanning laser ophthalmoscope(AOSLO) configured to image the retina (Samec ¶1962 “The device 2650 configured as a confocal microscope, a scanning laser ophthalmoscope, adaptive optics scanning laser ophthalmoscope and/or two-photon microscope can be used to visualize retinal topography, deep fundus imaging (i.e., detecting lesions), retinal pigment epithelium (RPE) changes and other age-related macular degeneration.”; ¶1972; ¶1955); receive and/or create an image signal (Samec ¶0926 “an ultrasound producing component comprising an ultrasound transducer coupled to said augmented reality head-mounted ophthalmic system so as to deliver ultrasound to the user's eye so as to create an ultrasound image so that abnormalities of the eye can be detected”; ¶1556); calculate, based on the image signal and the retinal parameter map, target stimulus values to be applied for a plurality of positions on the map of the retina, based on a biological type of the individual photosensitive cell at the position, based on a virtual photoreceptor type of the individual photosensitive cell at the position, or based on a photo-response function of the individual photosensitive cell at the position (Samec ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices.”; ¶2038; ¶1032; ¶2064; ¶1971; ¶1604 “the ophthalmic system automatically detects performance of the user during the administered treatment protocol. In block 1212, the ophthalmic system can be configured to return to block 1204 to update or adjust the treatment protocol based on the detected performance of the wearer during the administered treatment protocol.”; ¶1434; ¶1697; ¶1743; ¶1845; ¶1846; ¶2045); and a stimulus delivery device configured to physically deliver a stimulus to the plurality of individual photosensitive cells based on the calculated target stimulus values, (Samec ¶1484 “For example, the wavelength of the light presented to the user may be changed based on the color blindness prescription to compensate for the color blindness.” Showing a treatment performed for color blindness; ¶1892; ¶2120 “In one or more embodiments, the ophthalmic system may comprise one or more laser modules to selectively administer laser therapy into the user's eyes. By determining the presence and/or location of the disease or application, an area requiring treatment may be determined, a treatment protocol may be determined, and the laser may be activated such that laser therapy is specifically delivered to particular part(s) of the eye.”; ¶1269 “wherein the augmented reality head-mounted ophthalmic system is configured to deliver therapy other than light therapy to the wearer.” Describing another form of therapy performed by the device)wherein the stimulus delivery device includes the AOSLO, or a second AOSLO, configured to stimulate the retina. (Samec ¶1962 “The device 2650 configured as a confocal microscope, a scanning laser ophthalmoscope, adaptive optics scanning laser ophthalmoscope and/or two-photon microscope can be used to visualize retinal topography, deep fundus imaging (i.e., detecting lesions), retinal pigment epithelium (RPE) changes and other age-related macular degeneration.”; ¶1972; ¶1575; ¶1955).
Samec does not disclose wherein each position on the map represents an individual photosensitive cell of the retina; and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell. Sabesean in a similar field of retinal mapping teaches wherein each position on the map represents an individual photosensitive cell of the retina (Sabeasean Figure 2 Showing a mapping of the retinal mosaic of subjects where each cone cell type is color coded; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “); and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell; wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell. (Sabesean Discussion Lines 1-3 “The trichromatic cone mosaic was characterized using photopigment densitometry. High-resolution AO imaging allowed obtaining photopigment-specific bleaching signatures from individual cones with high efficiency.” Showing that the cell types are categorized; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “). Before the effective filing date of the claimed invention, it would have been obvious to a person of skill in the art to modify system of Samec by integrating methods for retinal mapping wherein each position on the map represents an individual photosensitive cell of the retina; and wherein one or more assigned parameters of the map include one or more of a biological type of each photosensitive cell wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell, of Sabesean into Samec, for the purposes of improved ability to stimulate and probe retinal function.
Regarding claim 34, Samec discloses a method of stimulating a retina of an eye (Samec ¶1575 “The treatment protocol can include the methods described herein, including methods that are designed to strengthen muscles of a weaker eye and/or to stimulate neural responses to optic signals from a weaker eye.”; The optical signals in the eye are generated in the retina from photoreceptors, therefore this treats and strengthens weakened optical signals), the method comprising: mapping the retina to determine a map of the retina (Samec ¶1484 “For example, by mapping the eye to determine dead/weak spots, the intensity of light of a projected image may be increased for identified areas of the eye or retina having dead or weak spots. Thus, in some embodiments, modification of the image may be performed by modifying the intensity of one or more portions of the image to be presented. For example, a fiber scanning display or a spatial light modulator included in the ophthalmic system may vary intensity while generating the image.”; ¶1556); defining a retinal parameter map by assigning one or more parameters to each of a plurality of positions on the map of the retina(Samec ¶1517 “the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user”; ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices”), receiving an image signal (Samec ¶2087 “Images of the wearer's retina may be used in addition to the results of the testing described above to improve the reliability of macular deficiency diagnosis. Such images may be obtained, for example, by an ophthalmoscope or funduscope, optical coherence tomography, or other imaging technology, various of which are discussed herein.”); calculating, based on the image signal and the retinal parameter map, target stimulus values to be applied for the plurality of positions on the map of the retina, based on a biological type of the individual photosensitive cell at the position or based on a virtual photoreceptor type of the individual photosensitive cell at the position (Samec ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices.”; ¶2038; ¶1032; ¶2064; ¶1971; ¶1604 “the ophthalmic system automatically detects performance of the user during the administered treatment protocol. In block 1212, the ophthalmic system can be configured to return to block 1204 to update or adjust the treatment protocol based on the detected performance of the wearer during the administered treatment protocol.”; ¶1434; ¶1697; ¶1743; ¶1845; ¶1846; ¶2045); and physically delivering a stimulus to the M-type cone cells of the plurality of individual photosensitive cells based on the calculated target stimulus values (Samec ¶1484 “For example, the wavelength of the light presented to the user may be changed based on the color blindness prescription to compensate for the color blindness.” Showing a treatment performed for color blindness; ¶1892; ¶2120 “In one or more embodiments, the ophthalmic system may comprise one or more laser modules to selectively administer laser therapy into the user's eyes. By determining the presence and/or location of the disease or application, an area requiring treatment may be determined, a treatment protocol may be determined, and the laser may be activated such that laser therapy is specifically delivered to particular part(s) of the eye.”; ¶1269 “wherein the augmented reality head-mounted ophthalmic system is configured to deliver therapy other than light therapy to the wearer.” Describing another form of therapy performed by the device); wherein the stimulus delivered to the M-type cone cells of the plurality of individual photosensitive cells represents a color outside of the natural human color gamut (Samec ¶2151 “In another example, the system may modify or shift colors to enhance the vision of the wearer, including colorblind wearers.”; ¶1766).
Samec does not disclose wherein each position on the map represents an individual photosensitive cell of the retina; and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell wherein the plurality of photosensitive cells includes S-type, M-type, and L-type cone cells of the eye. Sabesean in a similar field of endeavor of retinal mapping teaches wherein each position on the map represents an individual photosensitive cell of the retina (Sabeasean Figure 2 Showing a mapping of the retinal mosaic of subjects where each cone cell type is color coded; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “); and wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell wherein the plurality of photosensitive cells includes S-type, M-type, and L-type cone cells of the eye (Sabesean Discussion Lines 1-3 “The trichromatic cone mosaic was characterized using photopigment densitometry. High-resolution AO imaging allowed obtaining photopigment-specific bleaching signatures from individual cones with high efficiency.” Showing that the cell types are categorized; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “). Before the effective filing date of the claimed invention, it would have been obvious to a person of skill in the art to modify system of Samec by integrating the methods for retinal mapping wherein each position on the map represents an individual photosensitive cell of the retina; and wherein one or more assigned parameters of the map include one or more of a biological type of each photosensitive cell wherein a biological type of a cell is indicative of whether the photosensitive cell is an S-type cone cell an M- type cone cell or an L-type cone cell, of Sabesean into Samec, for the purposes of improved ability to stimulate and probe retinal function.
Regarding claim 35, Samec additionally discloses wherein the steps of mapping and physically delivering stimulus are each performed using a device capable of imaging and/or stimulating the retina at a per-photosensitive cell accuracy. (Samec ¶2064 “In one or more embodiments, the ophthalmic device may be configured with electrodes (2450) that are placed around and/or on the user's eyes to measure and compare a resting electrical potential of the retina. Electroretinography (ERG) is the mass electrical response of the retina to photic stimulation, and can measure electric potentials of a variety of different cell types in the retina. Examples include photoreceptors, inner retinal cells, and ganglion cells. For example, the electrodes (2450) can be placed on the cornea such as via contact lenses, inserted between the cornea and the lower eyelid, or the skin near the eye.”; ¶1971).
Regarding claim 36, Samec additionally discloses wherein the one or more processors are further configured to select a subset of the plurality of individual photosensitive cells as virtual photoreceptors, the virtual receptors corresponding to locations on the map of the retina, wherein the calculation of the stimulus values includes: mapping the image signal to locations on the map of the retina (Samec ¶1517 “t 1004, the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user. In some embodiments, the mapping table may comprise an association of different optical prescriptions to different image modification programs. For example, for a given optical prescription of the user, the mapping table may list an image modification program configured to compensate for the vision defects as defined by the optical prescription”; ¶1882); and computing a target stimulus value for each of the virtual photoreceptors based on a value of the image signal at the corresponding mapped location. (Samec ¶1117; ¶1128-¶1126).
Regarding claims 37-39, Samec additionally discloses wherein the target stimulus values delivered to the virtual receptors by the stimulus delivery device represent a color outside of the natural human color gamut, one or more color channels missing in a vision system of a color blind, or an image channel not normally viewable by the eye. (Samec ¶2151 “In another example, the system may modify or shift colors to enhance the vision of the wearer, including colorblind wearers.”; ¶1766).
Regarding claim 40, Samec further discloses wherein the physically delivering a stimulus includes physically delivering stimulus to only the M-type cone cells of the plurality of photoreceptors photosensitive cells (Samec ¶1484 “For example, the wavelength of the light presented to the user may be changed based on the color blindness prescription to compensate for the color blindness.” Showing a treatment performed for color blindness; ¶1892; ¶2120 “In one or more embodiments, the ophthalmic system may comprise one or more laser modules to selectively administer laser therapy into the user's eyes. By determining the presence and/or location of the disease or application, an area requiring treatment may be determined, a treatment protocol may be determined, and the laser may be activated such that laser therapy is specifically delivered to particular part(s) of the eye.”; ¶1269 “wherein the augmented reality head-mounted ophthalmic system is configured to deliver therapy other than light therapy to the wearer.” Describing another form of therapy performed by the device).
Regarding claim 41, Samec in combination with Sabesean discloses the limitations of claim 1. Sabesean further teaches wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell (Sabesean Discussion Lines 1-3 “The trichromatic cone mosaic was characterized using photopigment densitometry. High-resolution AO imaging allowed obtaining photopigment-specific bleaching signatures from individual cones with high efficiency.” Showing that the cell types are categorized; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “). Before the effective filing date of the claimed invention, it would have been obvious to a person of skill in the art to modify system of Samec in combination with Sabesean by integrating the methods wherein the one or more assigned parameters of the map include one or more of a biological type of the photosensitive cell, as taught by Sabesean, into the system of Samec for the purpose of improved ability to stimulate and probe retinal function.
Regarding claim 42, Samec discloses method of stimulating a retina of a subject's eye, the method comprising: mapping the retina to determine a map of the retina (Samec ¶1484 “For example, by mapping the eye to determine dead/weak spots, the intensity of light of a projected image may be increased for identified areas of the eye or retina having dead or weak spots. Thus, in some embodiments, modification of the image may be performed by modifying the intensity of one or more portions of the image to be presented. For example, a fiber scanning display or a spatial light modulator included in the ophthalmic system may vary intensity while generating the image.”; ¶1556; ¶1882); tracking a relative movement of the eye to determine eye tracking information (Samec ¶1093 “The device of any of embodiments 1-10, wherein detecting a response comprises detecting a movement of the eye of the wearer”; ¶1446; ¶1457).; defining a retinal parameter map by assigning one or more parameters to each of a plurality of positions on the map of the retina(Samec ¶1517 “the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user”; ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices”); receiving an image signal (Samec ¶2087 “Images of the wearer's retina may be used in addition to the results of the testing described above to improve the reliability of macular deficiency diagnosis. Such images may be obtained, for example, by an ophthalmoscope or funduscope, optical coherence tomography, or other imaging technology, various of which are discussed herein.”); computing, based on the image signal and the eye tracking information, a transformation of the image signal onto the map of the retina (Samec ¶1517 “t 1004, the system may look up a mapping table to determine an appropriate image modification program (e.g., a program with an appropriate set of parameters) to modify one or more images to be presented to the user. In some embodiments, the mapping table may comprise an association of different optical prescriptions to different image modification programs. For example, for a given optical prescription of the user, the mapping table may list an image modification program configured to compensate for the vision defects as defined by the optical prescription”; ¶1882); calculating, based on the transformation of the image signal and the retinal parameter map, per-cell stimulus values to be applied for each of the plurality of positions on the map of the retina based on a virtual photoreceptor type parameter at the position (Samec ¶1882 “In various embodiments, the electronic hardware processor 2070 can be configured to generate a three-dimensional map of the wearer's eye based on the light received by one or more imaging devices 2074. For example, the obtained images can be combined and stitched using image processing methods to create a three-dimensional topographic map of one or more regions of the eye. Creating three-dimensional map of the eye based on the images obtained by the device 2050 can be facilitated by different capabilities of the device 2050 discussed above including but not limited to changing the position and intensity (luma) of the light source, changing the wavelength and/or color (chroma) of the light source and/or changing the position/lens/filter of the one or more imaging devices.”; ¶2038; ¶1032; ¶2064; ¶1971; ¶1604 “the ophthalmic system automatically detects performance of the user during the administered treatment protocol. In block 1212, the ophthalmic system can be configured to return to block 1204 to update or adjust the treatment protocol based on the detected performance of the wearer during the administered treatment protocol.”; ¶1434; ¶1697; ¶1743; ¶1845; ¶1846; ¶2045); and physically delivering the per-cell stimulus values to the individual photosensitive cells corresponding to the plurality of positions on the retina map. (Samec ¶1484 “For example, the wavelength of the light presented to the user may be changed based on the color blindness prescription to compensate for the color blindness.” Showing a treatment performed for color blindness; ¶1892; ¶2120 “In one or more embodiments, the ophthalmic system may comprise one or more laser modules to selectively administer laser therapy into the user's eyes. By determining the presence and/or location of the disease or application, an area requiring treatment may be determined, a treatment protocol may be determined, and the laser may be activated such that laser therapy is specifically delivered to particular part(s) of the eye.”; ¶1269 “wherein the augmented reality head-mounted ophthalmic system is configured to deliver therapy other than light therapy to the wearer.” Describing another form of therapy performed by the device).
Samec does not disclose wherein each position on the map represents an individual photosensitive cell of the retina; and wherein the one or more assigned parameters at the plurality of positions includes a virtual photoreceptor type for the individual photosensitive cell. Sabesean in a similar field of endeavor of retinal mapping teaches wherein each position on the map represents an individual photosensitive cell of the retina (Sabeasean Figure 2 Showing a mapping of the retinal mosaic of subjects where each cone cell type is color coded; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “); and wherein the one or more assigned parameters at the plurality of positions includes a virtual photoreceptor type for the individual photosensitive cell (Sabesean Discussion Lines 1-3 “The trichromatic cone mosaic was characterized using photopigment densitometry. High-resolution AO imaging allowed obtaining photopigment-specific bleaching signatures from individual cones with high efficiency.” Showing that the cell types are categorized; Figure 2 “S-cones appear as a cluster of weakly reflecting cones under complete bleach starting from a dark adapted retina (top row). L and M cones appear as two distinct clusters of cones on the basis of their relative change in intensity under selective bleaches (middle row). No separation of such clusters are obtained in the protanope. Based on where a cone appears in the S vs L/M and L vs M clustering analysis, it is shaded as ‘blue’, ‘green’ and ‘red’ to represent S, M and L cones respectively (bottom row). “; where the examiner maintains that the map created of cell types in the retina would also represent the virtual photoreceptor types when a virtual representation of the map is originally presented for a baseline). Before the effective filing date of the claimed invention, it would have been obvious to a person of skill in the art to modify system of Samec by integrating the methods wherein the one or more assigned parameters at the plurality of positions includes a virtual photoreceptor type for the individual photosensitive cell, as taught by Sabesean, into the system of Samec for the purposes of improved ability to stimulate and probe retinal function.
Regarding claim 43, Samec further discloses wherein the stimulus delivered includes a channel of color different from the color channels of the biological types of cells in the subject's eye (Samec ¶2151 “In another example, the system may modify or shift colors to enhance the vision of the wearer, including colorblind wearers.”; ¶1766).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/MEGAN T FEDORKY/
Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796