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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 5, 2026 has been entered.
Response to Amendment
Applicant’s arguments with respect to claim 1 as it pertains to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: beam combiner 46 (Spec. page 20, lines 20-25). This appears to be a typographical error of “40” which is shown in Figure 6.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Election/Restrictions
Newly submitted claims 22-23 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Group III, claims 22-23, drawn to image processing of the retinal tissue.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Group III lacks unity of invention because claim 1 is taught as detailed below.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 22-23 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 2, 20-21 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.
As to claim 2, the claim (line 6) recites “wherein the first part of the light” which lacks antecedent a basis (MPEP 2173.05(e)). Prior to this, there are multiple lights and multiple part of lights. Examiner will understand as a first part of light.
As to claim 20, the claim recites “measured from the center of the ring-shaped pattern, the central spot has an outer spot radius…” which is a relative term (MPEP 2173.05(b)) and a function that does not follow from the structure recited in the claim (MPEP 2173.05(g)).
Specifically, such feature appears to refer to the radius (R1) in Figure 1B, however such radius is set and defined by the size of the illumination pinhole/spot (30) as shown in Figure 2. Currently, claim 1 does not recite any such illumination via pinhole/spot (30). Claim 1 recites projecting a ring-shaped pattern which then generates scattered light to the central spot (Ro). This is shown, for example in Figure 1A, where direct illumination (Li) is scattered as light (L2) to the center (Ro). The size and shape of the “central spot” is arbitrarily defined based on however large or small a partitioner of the invention wants to draw a radius around (Ro). The metes and bounds, and thus infringement, are unclear because what radius the central spot has appears to be arbitrary to however large/small a practitioner of the invention wants to draw a radius around (Ro). Additionally, the combination of claims 1+20 fails to recite the structure (e.g. pinhole illumination 30) to define (R1).
For purpose of compact prosecution, Examiner will understand the art such that so long as a ring-like pattern is projected, the central spot with outer spot radius is necessarily present.
Claim 21 is rejected as dependent upon claim 20.
Claim Rejections - 35 USC § 102
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, 6-7, 20-21 are rejected under 35 U.S.C. 102(a1) as being anticipated by Lin et al. (US 2011/0060232 - Lin).
As to claim 1, Lin teaches an ophthalmoscope for imaging a retina (Lin Fig. 4), the ophthalmoscope comprising
an illumination system comprising at least one light source (Lin Fig. 4 - 32; para. [0055]) and a first set of projection optics configured to project a respective light pattern of source light from the respective light source onto a retinal focal plane coinciding with the retina (Lin Fig. 4 - M1, 38a, 38b, M2, 40, L2, 44; para. [0057]; Fig. 2 - 21, 20; Fig. 3A);
a measurement system comprising at least one light detector (Lin Fig. 4 - 52) and a second set of projection optics configured to measure light from the retinal focal plane resulting from the light source of the respective light pattern interacting with the retina (Lin Fig. 4 - 40, M2, 38a, 38b, L4);
wherein the illumination system is configured to project at least one ring-shaped pattern of source light onto the retinal focal plane (Lin Fig. 2 - 21, 20; Fig. 3A - 23, 26, 25; para. [0054]; Fig. 9A; Fig. 11A - 13, 17; Fig. 11D; para. [0078], [0081]), the ring shaped pattern surrounding a central spot located at a center of the ring-shaped pattern on the retinal focal plane (Lin Fig. 2 - 20, 21; Fig. 3A - 25, 26), the central spot not overlapping the ring-shaped pattern and not being directly illuminated by the source light of the ring-shaped pattern (Lin Fig. 2 - 21, 20; Fig. 3A - 26);
wherein the measurement system is configured to measure scattered light exclusively originating from the central spot (Lin Fig. 3A - 26; Fig. 9A - 124; Fig. 11C), the scattering light resulting from the source light of the ring-shaped pattern scattering via retinal tissue to the central spot (Lin Fig. 3A - 26; para. [0054], [0060] - as shown, the ring-like pattern encircles the central spot (e.g. optic nerve head) which was not directly illuminated but emits the light scattering via the retina and vessels).
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As to claim 6, Lin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lin further teaches a spatial filter disposed in a detection light path between the retinal focal plane and the at least one light detector (Lin Fig. 4 - 48; para. [0060]), wherein the spatial filter is configured to pass to the at least one light detector the scattered light exclusively originating from the central spot and to block light received from an area of the retina directly illuminated by the ring-shaped pattern (Lin Fig. 4 - 48; para. [0060], [0061]).
As to claim 7, Lin teaches all the limitations of the instant invention as detailed above with respect to claim 6, and Lin further teaches the spatial filter comprises a pinhole opening that is positioned confocally with the central spot (Lin Fig. 4 - 44, 48; para. [0060]).
As to claim 20 (as understood), Lin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lin further teaches measured from the center of the ring-shaped pattern, the central spot has an outer spot radius (Lin Fig. 3A - 26) and the ring-shaped pattern has an inner radius and an outer ring radius (Lin Fig. 2 - 21; para. [0048]; Fig. 11D - 29a), the inner ring radius being greater than the outer spot radius (Lin Fig. 2 - 21, Fig. 3A; Fig. 11D).
As to claim 21 (as understood), Lin teaches all the limitations of the instant invention as detailed above with respect to claim 20, and Lin further teaches the inner ring radius is at least 1.1 times the outer spot radius (Lin Fig. 2 - 21, 20; Fig. 3A; Fig. 11D; as discussed above in the USC 112 section, the outer spot radius is arbitrarily defined, thus the inner radius defined by circular path of (21), or the inner radius of (29a), can be chosen such that: inner radius > 1.1x outer spot radius), and wherein the outer ring radius is less than twice the inner ring radius (Lin Fig. 2 - 21; para. [0048] - diameter of spot being 0.3um to 30um thus: 0.3 um < (outer radius) - (inner radius) < 30um; Fig. 11D).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lin as applied to claim 1 above, and further in view of Yuasa (US 2012/0057168 - Yuasa).
As to claim 2, Lin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lin further teaches the measurement system is configured to measure respective first and second parts of light resulting from the source light of the ring-shaped pattern interacting with the retina (Lin Fig. 3A),
wherein the first part of the light, exclusively originating from a first area on the retina that overlaps the ring shaped pattern is measured (Lin Fig. 2 - 21; Fig. 3A; Fig. 3B),
wherein the scattered light exclusively originating from the central spot is measured (Lin Fig. 2 - 26).
Lin doesn’t specify the measuring in first channel different from a second channel.
In the same field of endeavor Yuasa teaches ophthalmic imaging for imaging a retina from different locations (Yuasa Fig. 1C - 201a, 201b, 201c) wherein the light originating from a central spot and light emitting from a first area are measured in first and second different channels (Yuasa Fig. 1B - 117a, 117b, 117c, 119a, 119b, 119c; para. [0043], [0045]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide separate channels since, as taught by Yuasa, such channels allow for imaging the individual retinal areas and restricting crosstalk within the sensor(s) (Yuasa para. [0047]).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lin as applied to claim 1 above, and further in view of Rozema et al. (US 6,002,484 - Rozema).
As to claim 16, Lin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Lin further teaches the illumination system is configured to project the at least one ring-shaped pattern of source light by spatially filtering the source light via a ring-shaped spatial filter (Lin Fig. 11A - 13; Fig. 11D) and in a path between a respective light source and the retina (Lin Fig. 11A).
Lin doesn’t specify the ring-shaped pattern is at a focal plane conjugate with the retinal focal plane.
In the same field of endeavor Rozema teaches ophthalmic devices with ring-pattern projection into the eye, the ring-pattern filter being at a focal plane conjugate with the retinal focal plane (Rozema Fig. 1 - 20, 22, 34, 36; col. 4:5-14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide the ring-pattern at a conjugate focal plane since this allows for projecting an image of the ring to the retina Rozema Fig. 1 - 20, 22, 34, 36; col. 4:5-14).
As to claim 17, Lin in view of Rozema teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Lin further teaches the measurement system is configured to measure the scattered light exclusively originating from the central spot by confocal imaging through a pinhole opening disposed at a focal plane conjugate with the retinal focal plane (Lin Fig. 4 - 44, 48; para. [0060]) and in a path between the retina and the at least one light detector (Lin Fig. 4 - 48, 52), and wherein the at least one light detector comprises a single-element light detector configured to receive the scattered light passed through the pinhole opening (Lin Fig. 4 52; para. [0062]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Patent Documents: The following are cited for teaching various claimed and unclaimed aspects of Applicant’s disclosure, including the projection optics, ring illumination, imaging beam separation.
Geiser et al. (US 10,561,314); Yuasa (US 8,836,951); Kakuuchi et al. (US 7,780,292; 20080111970); Riva et al. (US 5,900,928); Feke et al. (US 5,633,695); Van de Velde (US 2008/0231808); Fei et al. (CN 110974154); McNaught et al. (WO 97/39675).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 September 16, 2026
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