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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-7 in the reply filed on 9/22/2025 is acknowledged.
Claims 8-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/22/2025.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 5/9/2023. An initialed copy is attached to this Office Action.
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)(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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dorin Giorgio et al. (WO 2020093060),hereinafter ‘060.
Regarding claim 1, ‘060 discloses a kit for use in imaging a fundus of an eye, comprising: A. a speculum (132, speculum) comprising a first arm (134, plastic arms) having a first blade (138, speculum blade) and a second arm (136, plastic arms) having a second blade (140, speculum blade) (paragraph 195), the first arm (134, plastic arms) and the second arm (136, plastic arms) coupled at a vertex (142, flexible pivot point) (paragraph 195), the first blade (138, speculum blade) and the second blade (140, speculum blade) configured to retract an upper and lower eye lid of the eye (paragraph 195 and 197), respectively, and B. a fundus camera (222, camera) comprising imaging optics (219, beam splitting element, 220, focus lens, and 226, reflective element) and a housing (200, optical system) (paragraph 219), the housing containing the imaging optics and having an outer surface, whereby, when the speculum (132, speculum) is operatively positioned relative to the eye (70, eye) (paragraph 216-217 and 219), the camera is positioned by an interface (100, interface) formed with the outer surface, to maintain the camera at a fixed distance relative to (i.) the first arm and the second arm or (1i.) the first blade and the second blade (figures 8A and 8B) such that the fundus camera is operatively positioned to image a fundus of an eye (paragraphs 216-217 and 219).
Regarding claim 2, ‘060 discloses wherein the interface (100, interface) is formed by the outer surface and (i.) the first arm and the second arm or (ii.) the first blade and the second blade (paragraph 199).
Regarding claim 3, ‘060 discloses wherein the interface is a lock and key interface (paragraphs 202-204).
Regarding claim 4, ‘060 discloses further comprising C. a camera spacer, comprising I. a spacer body (104, secure collar) having a first surface and an opposing second surface, the body having an aperture extending therethrough, the aperture substantially centered about a longitudinal axis of the spacer, the aperture having a diameter of 8 mm-25 mm (20, 22, or 24 mm)(paragraphs 197-199); II. a contact ring (120, sealing ring) having a contact surface at a distal end of the ring to contact the (i.) the first arm and the second arm or (i.) the first blade and the second blade (paragraphs 198, 204, and 206); and III. a receptacle (102, spacer) formed by a sidewall extending from the spacer body, for receiving a portion of the camera, the receptacle terminating at an end surface including the aperture, disposed such that, when the contact surface contacts the (i.) the first arm and the second arm or (i.) the first blade and the second blade, and the interface (100, interface) is formed by the sidewall and the outer surface of the camera, the optical axis is aligned with the longitudinal axis and the fundus camera is operatively positioned to image a fundus of an eye (paragraph 156).
Regarding claim 5, ‘060 discloses wherein the interface is a lock and key interface (paragraphs 202-204).
Regarding claim 6, ‘060 discloses wherein the camera comprises an objective lens (objective lens) having a concave first surface (paragraph 156).
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.
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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorin Giorgio et al. (WO 2020093060),hereinafter ‘060.
Regarding claim 7, ‘060 discloses all the limitations in common with claim 1, and such is hereby incorporated.
‘060 does not disclose wherein the spacer is constructed of a semirigid material.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to wherein the spacer is constructed of a semirigid material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice. In re Leshin, 125 USPQ 146.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872