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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/02/2025 has been entered.
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 30 and 32-34 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. The amendment of claim 30 contains added steps that do not convey the scope of the invention. The steps are capable of being interpreted as manual actions conducted by a practitioner or user, as opposed to an automatic method such as that presented in independent claim 35.
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 30, 32-35 and 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Bakar et al. (USPG Pub No. 2013/0339043) in view of Seriani (USPG Pub No. 2014/0129259) and Elsholz (USPG Pub No. 2007/0022086).
Regarding claim 30, Bakar discloses a method for conducting an eye examination of an individual (Paragraph 34), the method comprising the steps of: providing an eye examination kiosk consisting of one or more eye examination devices (Paragraph 38), wherein said eye examination devices are capable of capturing ophthalmologic diagnostic images (Paragraph 44); capturing, by a camera (409) in communication with a controller, one or more images of a patient positioned at said eye examination kiosk (see Fig. 4A, Paragraph 64); determining, whether the patient's eyes are above or below an examination axis of an eye- examination device (see Fig. 4A, Paragraph 64 – “two cameras at 409, camera 1 and camera 2, which may be used to locate the user’s eyes and create a feedback system… to indicate when the user has positioned his eye in the proper place”); estimating, based on said determination, an amount of vertical travel required to align the examination axis with the patient's eyes (Paragraph 64 – “The height adjustment may be accomplished… automatically by use of cameras and software configured to look for eye shapes as the elevation adjust 402 moves upwards from a rest position”); translating the eye-examination device by the estimated amount (Paragraph 64); capturing updated images after translation to determine whether the patient's eyes are below or above the examination axis of the eye examination device (Paragraph 64 – “The height adjustment may be accomplished… automatically by use of cameras and software configured to look for eye shapes as the elevation adjust 402 moves upwards from a rest position”); and repeating the estimating, translating, and capturing steps until the eye-examination device is vertically aligned with the patient's eyes (Paragraph 64 - the iterative steps taken in order to accomplish the task is implied); capturing, by one or more of the eye examination devices, one or more ophthalmologic diagnostic images of the patient, wherein the one or more ophthalmologic diagnostic images of the patient are defined as eye examination results (Paragraph 44); transmitting, via a network connection, the eye examination results to a remote storage server (Paragraphs 80, 116); storing, in the remote storage server, the eye examination results (Paragraphs 80, 116). Bakar discloses the claimed invention, but does not specify keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed; notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field; keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians; transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician's electronic device; displaying, on the one or more currently available physician's electronic device, the current listing of unread eye examination results; selecting, by one of the currently available physicians, an unread eye examination result from the current listing; and removing the selected unread eye examination result from the listing of unread eye examination results.
As these features are widely known in the art, Seriani and Elsholz provide further evidence that one of ordinary skill in the art is capable of configuring and modifying the system and method of Bakar to include such features.
In the same field of endeavor, Seriani discloses keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed (Paragraphs 46, 59, 65, 66); notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field (Paragraphs 64-66); keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians (Paragraphs 64-66); transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician’s electronic device (Paragraphs 64-66). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Bakar with keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed; notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field; keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians; transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician's electronic device of Seriani for the purpose of providing a system that encourages individuals to obtain eye health and vision examinations on a regular basis by reducing time and cost required (Paragraph 13).
In addition, in the same field of endeavor, Elsholz discloses displaying, on the one or more currently available physician’s electronic device, the current listing of unread examination results (see Figs. 4, 5, Paragraph 49); selecting, by one of the currently available physicians, an unread examination result from the current listing (see Figs. 4, 5, Paragraph 49); and removing the selected unread examination result from the listing of unread examination results (see Figs. 4, 5, Paragraph 49). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Bakar and Seriani with displaying, on the one or more currently available physician’s electronic device, the current listing of unread examination results; selecting, by one of the currently available physicians, an unread examination result from the current listing; and removing the selected unread examination result from the listing of unread examination results of Elsholz for the purpose of providing a method that facilitates the ability of a user to rapidly navigate through and access one or more data domains specifically pertaining to the functions and responsibilities of said user (Paragraph 2).
Regarding claim 32, Bakar, Seriani and Elsholz teach the method set forth above for claim 30, Seriani further discloses further comprising the steps of: transmitting, in response to selecting the unread eye examination result, the selected unread eye examination result to an electronic device of the remote physician (Paragraphs 64-66); generating, by the remote physician, an eye examination report with findings, suggestions for follow-up, and identification of an appropriate physician in the local community in which the patient resides (Paragraphs 33, 47, 64-66); transmitting, via a network, the eye examination report to either the patient or the patient’s designated recipient (see Fig. 1, Paragraph 52). It would have been obvious to one of ordinary skill to provide the method of Bakar and Elsholz with the teachings of Seriani for at least the same reasons as those set forth above with respect to claim 30.
Regarding claim 33, Bakar further discloses further comprising the steps of: identifying, in the eye examination results, pre-defined image features that may indicate medical or other conditions of which the patient should be made aware, which indicate the likelihood of certain diseases in the patient, or which may indicate further follow up medical care and treatment by a physician (Paragraphs 61, 81).
Regarding claim 35, Bakar discloses a non-transitory computer-readable medium that comprises instructions (see Figs. 1A-2C), when read and executed by a controller perform the following steps: capturing, by a camera (409) in communication with a controller, one or more images of a patient positioned at an eye examination kiosk (see Fig. 4A, Paragraph 64); determining, whether the patient's eyes are above or below an examination axis of an eye- examination device (see Fig. 4A, Paragraph 64 – “two cameras at 409, camera 1 and camera 2, which may be used to locate the user’s eyes and create a feedback system… to indicate when the user has positioned his eye in the proper place”); estimating, based on said determination, an amount of vertical travel required to align the examination axis with the patient's eyes (Paragraph 64 – “The height adjustment may be accomplished… automatically by use of cameras and software configured to look for eye shapes as the elevation adjust 402 moves upwards from a rest position”); translating the eye-examination device by the estimated amount (Paragraph 64); capturing updated images after translation to determine whether the patient's eyes are below or above the examination axis of the eye examination device (Paragraph 64 – “The height adjustment may be accomplished… automatically by use of cameras and software configured to look for eye shapes as the elevation adjust 402 moves upwards from a rest position”); and repeating the estimating, translating, and capturing steps until the eye-examination device is vertically aligned with the patient's eyes (Paragraph 64 - the iterative steps taken in order to accomplish the task is implied); capturing, by one or more of the eye examination devices, one or more ophthalmologic diagnostic images of the patient, wherein the one or more ophthalmologic diagnostic images of the patient are defined as eye examination results (Paragraph 44); transmitting, via a network connection, the eye examination results to a remote storage server (Paragraphs 80, 116); storing, in the remote storage server, the eye examination results (Paragraphs 80, 116). Bakar discloses the claimed invention, but does not specify keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed; notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field; keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians; transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician's electronic device; displaying, on the one or more currently available physician's electronic device, the current listing of unread eye examination results; selecting, by one of the currently available physicians, an unread eye examination result from the current listing; and removing the selected unread eye examination result from the listing of unread eye examination results.
As these features are widely known in the art, Seriani and Elsholz provide further evidence that one of ordinary skill in the art is capable of configuring and modifying the system and method of Bakar to include such features.
In the same field of endeavor, Seriani discloses keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed (Paragraphs 46, 59, 65, 66); notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field (Paragraphs 64-66); keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians (Paragraphs 64-66); transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician’s electronic device (Paragraphs 64-66). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the medium of Bakar with keeping, by an executive manager, a current listing of unread eye examination results that have not been read or reviewed; notifying, by one or more remote physicians, their availability by transmitting a signal containing a first data field or a second data field; keeping, by the executive manager, a first list of currently available remote physicians and a second list of unavailable remote physicians; transmitting, by the executive manager, the current listing of unread eye examination results to the one or more currently available remote physician's electronic device of Seriani for the purpose of providing a system that encourages individuals to obtain eye health and vision examinations on a regular basis by reducing time and cost required (Paragraph 13).
In addition, in the same field of endeavor, Elsholz discloses displaying, on the one or more currently available physician’s electronic device, the current listing of unread examination results (see Figs. 4, 5, Paragraph 49); selecting, by one of the currently available physicians, an unread examination result from the current listing (see Figs. 4, 5, Paragraph 49); and removing the selected unread examination result from the listing of unread examination results (see Figs. 4, 5, Paragraph 49). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the medium of Bakar and Seriani with displaying, on the one or more currently available physician’s electronic device, the current listing of unread examination results; selecting, by one of the currently available physicians, an unread examination result from the current listing; and removing the selected unread examination result from the listing of unread examination results of Elsholz for the purpose of providing a method that facilitates the ability of a user to rapidly navigate through and access one or more data domains specifically pertaining to the functions and responsibilities of said user (Paragraph 2).
Regarding claim 37, Bakar, Seriani and Elsholz teach the non-transitory computer-readable medium set forth above for claim 35, Seriani further discloses further comprising: transmitting, in response to selecting the unread eye examination result, the selected unread eye examination result to an electronic device of the remote physician (Paragraphs 64-66); generating, by the remote physician, an eye examination report with findings, suggestions for follow-up, and identification of an appropriate physician in the local community in which the patient resides (Paragraphs 33, 47, 64-66); transmitting, via a network, the eye examination report to either the patient or the patient’s designated recipient (see Fig. 1, Paragraph 52). It would have been obvious to one of ordinary skill to provide the non-transitory computer-readable medium of Bakar and Elsholz with the teachings of Seriani for at least the same reasons as those set forth above with respect to claim 35.
Regarding claim 38, Bakar further discloses further comprising: automatically identifying, in the eye examination results, pre-defined image features that may indicate medical or other conditions of which the patient should be made aware, which indicate the likelihood of certain diseases in the patient, or which may indicate further follow up medical care and treatment by a physician (Paragraphs 61, 81).
Regarding claims 34 and 39, Bakar further discloses wherein the one or more eye examination devices comprise at least one of the following: an auto-refractor, an auto-keratometer, a corneal topographer, a fundus camera, an external photo camera, a perimeter, a lensmeter, a specular microscope, a retinal and external eye imager, an Optical Coherence Tomographer (OCT), or a non-contact tonometer into a position such that they may be used for examination of a patient (Paragraphs 35, 39).
Response to Arguments
Applicant’s arguments with respect to claims 30, 32-35 and 37-39 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Bakar addresses the subject matter challenged by Applicant.
Prior Art Citations
Liang (USPG Pub No. 2017/0245758 – Fig. 12, Paragraph 127) is being cited herein to show a method for conducting an eye examination relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 2/4/2026