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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 28, 2026 has been entered.
Response to Amendment
Regarding Applicant’s amendment to incorporate the subject matter of claim 4, Examiner is not persuaded.
Qi sets forth (para. [0069]-[0071]) the ability to determine the eye’s ability to track (tracking ability) the change in position between left image (200L) and right image (200R) by changing the speed of the relative position. As discussed by Qi, this is done by determining an upper and lower limit of the speeds to which the eye. The upper limit is the result of being unable to achieve fusion, the lower limit is set for the representation of the image changes before fusion expands beyond the natural eyeball motion. These limits are determined by experimental data.
Thus Qi teaches the limitations as discussed in the Office Action mailed October 28, 2025.
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.
Claims 1, 3, 5-10, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0290529; of record) in view of Qi (US 2012/0105609; of record).
As to claim 1, Park teaches a binocular visual function measurement method (Park Fig. 5; Figs. 6A-B) comprising
presenting a right eye image to be viewed by the right eye of a measurement subject (Park Fig. 1 - 132; para. [0029]; Figs. 6A-B - IMG_R) and a left eye image to be viewed by the left eye of the measurement subject to the measurement subject (Park Fig. 1 - 131; para. [0029]; Figs. 6A-B - IMG_L) on a single portable display screen (Park Fig. 1 - 130; para. [0031]; Fig. 7 - 210; para. [0064] - single portable display screen including a smartphone);
changing positions where the right eye image and the left eye image are presented, relative to each other (Park Figs. 6A-B; Fig. 5 - S230);
detecting a timing at which the measurement subject is unable to fuse the right eye image and the left eye image when the presentation positions are changed (Park Fig. 5 - S240; para. [0057]; Fig. 6B)
calculating a predetermined parameter value regarding binocular vision function of the measurement subject based on a relationship between the relative positions of the right eye image and the left eye image when the timing is detected (Park Fig. 5 - S250; para. [0058]-[0060]);
the right eye image and the left eye image are presented using a display screen of a mobile information terminal as the portable display screen (Park Fig. 1 - 130; para. [0031]; Fig. 7 - 210; para. [0064]), the mobile information terminal being a smartphone, a tablet terminal, or a personal digital assistant (Park para. [0031]) and supported by a housing worn on a head of the measurement subject such that the display screen is positioned in front of eyes of the measurement subject (Park Fig. 1 - 110; para. [0028]),
the mobile information terminal includes an input device (Park Fig. 1 - 160; para. [0038]);
and the detection of timing is performed based on content of an operation made by the measurement subject on the input device (Park Fig. 1 - 160; para. [0038]; Fig. 5 - 240; para. [0057]).
Park doesn’t specify comprising a tracking ability determination step of determining a level of the ability of an eye of the measurement subject to track a change in positions of the presented images by changing the speed of a change in the relative positions of the right eye image and the left eye image and acquiring a plurality of the predetermined parameter values.
In the same field of endeavor Qi teaches a binocular visual function measurement device/method with a tracking ability determination step of determining a level of the ability of an eye of the measurement subject to track a change in positions of the presented images by changing the speed of a change in the relative positions of the right eye image and the left eye image and acquiring a plurality of the predetermined parameter values (Qi para. [0069]-[0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to determine an eye tracking positions by changing speeds since, as taught by Qi, such speed setting allows for ensuring the timing falls within a predetermined timing falls within a predetermined range (Qi para. [0070]).
As to claim 3, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Park further teaches the predetermined parameter value is a value for specifying a convergence range of the measurement subject (Park para. [0058]-[0060]).
As to claim 5, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Park further teaches the right eye image and the left eye image are constituted by figures having the same shape and the same size (Park Figs. 6A-B - IMG_L, IMG_R).
As to claim 6, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Park further teaches setting a visual range of the measurement subject with respect to the right eye image and he left eye image (Park Figs. 6A-B - D; para. [0058]-[0059]).
As to claim 7, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Park further teaches a non-transitory compute readable medium and program (Park Fig. 2).
As to claim 8, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Qi teaches a binocular visual function measurement and determining an optical design value of eyeglasses (Qi Fig. 1 - 10, 50; para. [0028], [0029]). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide design values of an eyeglass since, as taught by Qi, such values allow for manufacturing eyeglasses to for binocular needs (Qi para. Fig. 1 - 50; [0028]-[0029]).
As to claim 9, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 8, and Qi teaches manufacturing the eyeglass lens according to a result of designing the eyeglass lens (Qi Fig. 1 - 50; para. [0028]-[0029]).
As to claim 10, Park teaches a binocular vision function measurement system comprising a mobile information terminal (Park Fig. 1 - 130; para. [0031]), wherein the mobile information terminal includes a processor and an input device (Park Fig. 1 - 160; Fig. 2; para. [0031]), the mobile information terminal being configured to function as a visual target presentation unit (Park Fig. 1 - 130; Fig. 7 - 210);
a support housing configured to receive and support the mobile information terminal (Park Fig. 1 - 110; para. [0028]), the support housing being configured to be worn on a head of a measurement subject such that the display screen is positioned in front of eyes of the measurement subject (Park Fig. 1 - 130, 110; para. [0030]);
the processor configured to
present a right eye image to be viewed by the right eye of the measurement subject (Park Fig. 1 - 132; para. [0029]; Figs. 6A-B - IMG_R) and a left eye image to be viewed by the left eye of the measurement subject to the measurement subject (Park Fig. 1 - 131; para. [0029]; Figs. 6A-B - IMG_L) to the subject on a single portable display screen (Park Fig. 1 - 130; para. [0031]; Fig. 7 - 210; para. [0064] - single portable display screen including a smartphone);
change positions where the right eye image and the left eye image are presented, relative to each other (Park Figs. 6A-B; Fig. 5 - S230);
detect a timing at which the measurement subject is unable to fuse the right eye image and the left eye image when the presentation positions are changed (Park Fig. 5 - S240; para. [0057]; Fig. 6B)
calculating a predetermined parameter value regarding binocular vision function of the measurement subject based on a relationship between the relative positions of the right eye image and the left eye image when the timing is detected (Park Fig. 5 - S250; para. [0058]-[0060]);
the processor is configured to present the right eye image and the left eye image using a display screen of the mobile information terminal as the portable display screen (Park Fig. 1 - 130; para. [0031]; Fig. 7 - 210; para. [0064]), the mobile information terminal being a smartphone, a tablet terminal, or a personal digital assistant (Park para. [0031]);
and the detection of the timing is performed based on the content of an operation made by the measurement subject on the input device (Park Fig. 1 - 160; para. [0038]; Fig. 5 - 240; para. [0057]).
Park doesn’t specify determining a level of the ability of an eye of the measurement subject to track a change in positions of the presented images by changing the speed of a change in the relative positions of the right eye image and the left eye image and acquiring a plurality of the predetermined parameter values.
In the same field of endeavor Qi teaches a binocular visual function measurement device/method with determining a level of the ability of an eye of the measurement subject to track a change in positions of the presented images by changing the speed of a change in the relative positions of the right eye image and the left eye image and acquiring a plurality of the predetermined parameter values (Qi para. [0069]-[0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to determine an eye tracking positions by changing speeds since, as taught by Qi, such speed setting allows for ensuring the timing falls within a predetermined timing falls within a predetermined range (Qi para. [0069]-[0071]).
As to claim 12, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Qi teaches the tracking ability determination step comprises performing the binocular visual function measurement method at a plurality of different speeds of change in the relative positions of the right eye image and the left eye image (Qi para. [0071] - The departing movement between the left eye image 200L and the right eye image 200R may be performed a plurality of times so as to measure the relative convergence rapidly and with a high degree of precision. For example, at the first measurement (hereafter, referred to as "pre-measurement" for convenience of explanation), the left eye image 200L and the right eye image 200R are moved at a high speed… At the second measurement (hereafter, referred to as a "main measurement" for convenience of explanation), the left eye image 200L and the right eye image 200R are moved to depart from each other at a low speed), and acquiring respective predetermined parameter values at each of the plurality of different speeds (Qi para. [0071] - acquiring the fusion limits for the high and low speeds).
As to claim 13, Park in view of Qi teaches all the limitations of the instant invention as detailed above with respect to claim 12, and Qi teaches the tracking ability determination step further comprises comparing the plurality of predetermined parameter values acquired at the plurality of different speeds to determine which level, out of a plurality of preset levels, corresponds to the level of the ability of the eye of the measurement subject to track changes in positions of the presented images (Qi para. [0071] - the tracking ability determination determines at the high and low speeds (plurality of different speeds) the upper and lower fusions limits (preset levels corresponding to level of the ability of the eye to track)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zarreii (US 9,883,814; 2018/0317796); Fateh (US 6,364,485); Fateh (US 6,042,231) are cited as additional examples binocular vision testing with variable speeds between left and right images.
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 February 20, 2026