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 .
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
Applicant argues, “The § 102 rejection cites Longo as anticipating claim 1, but the two are fundamentally different. Longo describes a “binocular refraction instrument[] for determining at least one refraction feature of one or both eyes of a subject.” Longo at [0005]. As explained throughout Longo, Longo relates to presenting images to users to test characteristics of their eyes—i.e., to measure the performance of the user’s eyes, such as refractive error or astigmatism (Longo at [0203])—not to “stimulate pathway[s] of the brain or retina of the user” “to a particular end goal of the user,” as required by the claims.” The Examiner disagrees. Longo’s teachings of presenting images to user’s eyes would inherently stimulate pathways of the brain and retina of the user. Further, the recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant also argues, that Longo does not describe an animated display “…for a time period less than a threshold time.” The Examiner disagrees. Longo teaches a first test image 21, 51, 61, 71, 81 which comprises a first transition element 21t, 51t, 71t, 81t, which, for at least one image characteristic, provides a continuous transition from the first central image 21c, 51c, 61c, 71c, 81c to the first peripheral image 21p, 51p, 61p, 71p, 81p of the first test image [Par 71 and 207], and further that the presentation of such images happens several times successively [Par 207]. Thus Longo teaches the display of said images for a threshold time period, which would successive time periods due to the user’s interaction with the device ( see Fig. 9, 10, 12 and 14 for flowcharts of iterative processes) [Par 226-234 and 257] .
Applicant also argues, that Longo does not teach “the claims further require “receiving, in a mobile application on a client device, a selection from a user of a module of eye exercises to stimulate a visual pathway of the user.” The examiner disagrees. Since the teaching of Longo explicitly discloses, a module of eye exercises (provided test images) [Par 37-38] that inherently stimulate a visual pathway of the user and Long’s binocular refraction methods automatically determine starting point initial values in Step 0 that further determine first and second corrections, the process of starting the examination and the display of the test images (of which there are many alternative types, See Fig. 2-6) [Par 66-69]would inherently require, choosing the test image and either turning on or plugging in the device, thus selecting such a test image or eye exercise [Par 198].
Applicant also argues that, Longo does not teach, “receiving an indication that the user has completed the first exercise” and “receiving an indication that the user has completed the second exercise.” Because Longo Longo teaches indications being provided to the user, not the device. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the device receiving a indication) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 1 recites the following, “A method comprising:
receiving, in a mobile application on a client device, a selection from a user…
receiving an indication that the user has completed the second eye exercise…
receiving an indication that the user has completed the first eye exercise…”
The scope of the aforementioned limitation, in the method Claim 1, regarding the indication that the user has completed the first and second exercise does not limit the scope of “receiving” to only encompass indications received by the device.
Therefore the rejection of Claims 1, 4-23 are sustained and made Final.
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)(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, 9, 16, 18-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Longo (US 20220225872 A1).
Re Claim 1, Longoo discloses (see Fig. 1 for the general invention, Fig. 2 and 4-8 for the different possible binocular animations, and Fig. 9 for the order of steps involved in the overall method), method comprising: receiving, in a mobile application on a client device (computer program stored in control unit 8) [Par 64], a selection from a user of a module of eye exercises to stimulate a visual pathway of the user (binocular refraction methods automatically determine starting point initial values in Step 0 that further determine first and second corrections, the process of which would inherently require either turning on or plugging in the instrument)[Par 198]; providing, for display to the user on the mobile application (display system 7),
a first eye exercise (spherical refraction test to eye 2 in Step S1, which is present in all refraction methods) [Par 202 and 205] in an ordered sequence of exercises (First test images shown to eye 2 of the subject) [Par 69 and 207], the first eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (first test image 21, 51, 61, 71, 81 comprises a first transition element 21t, 51t, 71t, 81t, which, for at least one image characteristic, provides a continuous transition from the first central image 21c, 51c, 61c, 71c, 81c to the first peripheral image 21p, 51p, 61p, 71p, 81p of the first test image) [Par 71 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a first visual pathway of the brain or the retina of the user (patterns, colors, and movement of first test image, for pathways in first eye 2) [Par 62 and 71];
receiving an indication that the user has completed the first eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; following receipt of the indication of completion of the first eye exercise
providing for display to the user on the mobile application (On display 7), a second eye exercise in an ordered sequence of exercises (second test images 22, 52, 62 etc. to second eye 3, can perform test for each eye simultaneously but not necessarily) [Par 202], the second eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (display of second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image to eye 3 ) [Par 73 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a second visual pathway of the brain or the retina of the user (second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image) [Par 73 and 207];
wherein at least one of the first and second eye exercises comprises an interactive portion for the user to interact with one or more items on the screen (“The refraction measurement method and images used in the instrument of the present disclosure may use interactive elements or steps. The whole examination process may lead to build a narrative story. A keyboard or pad may be used to input the answers of the subject” ) [Par 257] to test the motor cortex of the user (keyboard or pan input would inherently require user’s motor cortex) [Par 257], and wherein the ordered sequence of exercises is ordered specific to a particular end goal of the user in conducting the eye exercises (set of steps, A-C, to gradually adjust refraction correction ) [Par 208],
receiving an indication that the user has completed the second eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; upon the user completing the module of eye exercises, confirming to the user the completion of the module (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257].
Re Claim 9, Longo discloses, the method of claim 1, and Longo further discloses on Fig. 2, wherein at least one of the first and second exercises comprises a pattern composed of three or more different colors on the display (Fig. 2 shows images with at least three different shades, and Longo further distinguishes in an alternative embodiment this image can have, “So, for example, the image saturation, that is to say the ratio of the image chroma to its luminosity, may be different in the peripheral background than in the central background, and may vary gradually and monotonically from a peripheral saturation value to a central saturation value. In this case, the color of the peripheral background could be a very pure, colorful bleu, for instance, while the central background is grey”) [Par 99].
Re Claim 16, Longo discloses, the method of claim 1, and further discloses wherein at least one of the first and second exercises comprises a pattern of lines on the display (pattern of optotype 21o), where border around the lines is blurred (transition border 21t is blurred according to the change in thickness and luminosity aLongo line 26) [Par 96].
Re Claim 18, Longo discloses, the method of claim 16, and further discloses on Fig. 2, wherein the center of the display comprises a different color (background 25c on image 21c) than the lines on the display (background 25c is a different color, white, than the lines of optotype 21o) [Par 79].
Re Claim 19, Longo discloses, the method of claim 16, and Longo further discloses on Fig. 2, and 5-6, wherein the pattern of lines on the display change at intervals (second couple of test images from Fig. 5 has different optotypes 51o and third couple of test images 6 has a different optotype 61o) [Par 128 and 133], including changing to lines of a larger or smaller width, or lines presented in a different orientation than previously displayed (optotypes 21o, 51o, and 61o are all different).
Re Claim 20, Longo discloses, (see Fig. 1 for the general invention, Fig. 2 and 4-8 for the different possible binocular animations, and Fig. 9 for the order of steps involved in the overall method), a computer program product comprising a non-transitory computer readable storage medium having instructions encoded thereon that, when executed by one or more processors(computer program stored in control unit 8 would inherently require a processor to perform the stored program) [Par 64], cause the one or more processors to perform steps comprising: receiving, in a mobile application on a client device (computer program stored in control unit 8) [Par 64], a selection from a user of a module of eye exercises to stimulate a visual pathway of the user (binocular refraction methods automatically determine starting point initial values in Step 0 that further determine first and second corrections, the process of which would inherently require either turning on or plugging in the instrument)[Par 198]; providing, for display to the user on the mobile application (display system 7),
a first eye exercise (spherical refraction test to eye 2 in Step S1, which is present in all refraction methods) [Par 202 and 205] in an ordered sequence of exercises (First test images shown to eye 2 of the subject) [Par 69 and 207], the first eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (first test image 21, 51, 61, 71, 81 comprises a first transition element 21t, 51t, 71t, 81t, which, for at least one image characteristic, provides a continuous transition from the first central image 21c, 51c, 61c, 71c, 81c to the first peripheral image 21p, 51p, 61p, 71p, 81p of the first test image) [Par 71 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a first visual pathway of the brain or the retina of the user (patterns, colors, and movement of first test image, for pathways in first eye 2) [Par 62 and 71];
receiving an indication that the user has completed the first eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; following receipt of the indication of completion of the first eye exercise
providing for display to the user on the mobile application (On display 7), a second eye exercise in an ordered sequence of exercises (second test images 22, 52, 62 etc. to second eye 3, can perform test for each eye simultaneously but not necessarily) [Par 202], the second eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (display of second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image to eye 3 ) [Par 73 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a second visual pathway of the brain or the retina of the user (second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image) [Par 73 and 207];
wherein at least one of the first and second eye exercises comprises an interactive portion for the user to interact with one or more items on the screen (“The refraction measurement method and images used in the instrument of the present disclosure may use interactive elements or steps. The whole examination process may lead to build a narrative story. A keyboard or pad may be used to input the answers of the subject” ) [Par 257] to test the motor cortex of the user (keyboard or pan input would inherently require user’s motor cortex) [Par 257], and wherein the ordered sequence of exercises is ordered specific to a particular end goal of the user in conducting the eye exercises (set of steps, A-C, to gradually adjust refraction correction ) [Par 208],
receiving an indication that the user has completed the second eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; upon the user completing the module of eye exercises, confirming to the user the completion of the module (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257].
Re Claim 21, Longo discloses, (see Fig. 1 for the general invention, Fig. 2 and 4-8 for the different possible binocular animations, and Fig. 9 for the order of steps involved in the overall method), a computer-implemented system comprising: a processor; a computer readable medium storing code that when executed by the processor causes the processor to perform steps comprising (computer program stored in control unit 8 would inherently require a processor to perform the stored program) [Par 64]: receiving, in a mobile application on a client device (computer program stored in control unit 8) [Par 64], a selection from a user of a module of eye exercises to stimulate a visual pathway of the user (binocular refraction methods automatically determine starting point initial values in Step 0 that further determine first and second corrections, the process of which would inherently require either turning on or plugging in the instrument)[Par 198]; providing, for display to the user on the mobile application (display system 7),
a first eye exercise (spherical refraction test to eye 2 in Step S1, which is present in all refraction methods) [Par 202 and 205] in an ordered sequence of exercises (First test images shown to eye 2 of the subject) [Par 69 and 207], the first eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (first test image 21, 51, 61, 71, 81 comprises a first transition element 21t, 51t, 71t, 81t, which, for at least one image characteristic, provides a continuous transition from the first central image 21c, 51c, 61c, 71c, 81c to the first peripheral image 21p, 51p, 61p, 71p, 81p of the first test image) [Par 71 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a first visual pathway of the brain or the retina of the user (patterns, colors, and movement of first test image, for pathways in first eye 2) [Par 62 and 71];
receiving an indication that the user has completed the first eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; following receipt of the indication of completion of the first eye exercise
providing for display to the user on the mobile application (On display 7), a second eye exercise in an ordered sequence of exercises (second test images 22, 52, 62 etc. to second eye 3, can perform test for each eye simultaneously but not necessarily) [Par 202], the second eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (display of second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image to eye 3 ) [Par 73 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a second visual pathway of the brain or the retina of the user (second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image) [Par 73 and 207];
wherein at least one of the first and second eye exercises comprises an interactive portion for the user to interact with one or more items on the screen (“The refraction measurement method and images used in the instrument of the present disclosure may use interactive elements or steps. The whole examination process may lead to build a narrative story. A keyboard or pad may be used to input the answers of the subject” ) [Par 257] to test the motor cortex of the user (keyboard or pan input would inherently require user’s motor cortex) [Par 257], and wherein the ordered sequence of exercises is ordered specific to a particular end goal of the user in conducting the eye exercises (set of steps, A-C, to gradually adjust refraction correction ) [Par 208],
receiving an indication that the user has completed the second eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; upon the user completing the module of eye exercises, confirming to the user the completion of the module (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257].
Re Claim 22, Longo discloses, (see Fig. 1 for the general invention, Fig. 2 and 4-8 for the different possible binocular animations, and Fig. 9 for the order of steps involved in the overall method), a computer-implemented system comprising: a processor; a computer readable medium storing code that when executed by the processor causes the processor to perform steps comprising (computer program stored in control unit 8 would inherently require a processor to perform the stored program) [Par 64]:
in response to a selection from a user of a module of eye exercises to stimulate a visual pathway of the user (binocular refraction methods automatically determine starting point initial values in Step 0 that further determine first and second corrections, the process of which would inherently require either turning on or plugging in the instrument)[Par 198] [Par 62]
receiving, in a mobile application on a client device (computer program stored in control unit 8) [Par 64]; providing, for display to the user on the mobile application (display system 7),
a first eye exercise (spherical refraction test to eye 2 in Step S1, which is present in all refraction methods) [Par 202 and 205] in an ordered sequence of exercises (First test images shown to eye 2 of the subject) [Par 69 and 207], the first eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (first test image 21, 51, 61, 71, 81 comprises a first transition element 21t, 51t, 71t, 81t, which, for at least one image characteristic, provides a continuous transition from the first central image 21c, 51c, 61c, 71c, 81c to the first peripheral image 21p, 51p, 61p, 71p, 81p of the first test image) [Par 71 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a first visual pathway of the brain or the retina of the user (patterns, colors, and movement of first test image, for pathways in first eye 2) [Par 62 and 71];
receiving an indication that the user has completed the first eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; following receipt of the indication of completion of the first eye exercise
providing for display to the user on the mobile application (On display 7), a second eye exercise in an ordered sequence of exercises (second test images 22, 52, 62 etc. to second eye 3, can perform test for each eye simultaneously but not necessarily) [Par 202], the second eye exercise comprising one or more screens showing an animated display for the user to view for a time period less than a threshold time (display of second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image to eye 3 ) [Par 73 and 207], the animated display having one or more of a color, movement, or pattern that is designed to stimulate a second visual pathway of the brain or the retina of the user (second test image 22, 52, 62, 72, 82 comprises a second transition element 22t, 52t, 72t, 82t, which, for at least one image characteristic, provides a continuous transition from the second central image 22c, 52c, 62c, 72c, 82c to the second peripheral image 22p, 52p, 62p, 72p, 82p of the second test image) [Par 73 and 207];
wherein at least one of the first and second eye exercises comprises an interactive portion for the user to interact with one or more items on the screen (“The refraction measurement method and images used in the instrument of the present disclosure may use interactive elements or steps. The whole examination process may lead to build a narrative story. A keyboard or pad may be used to input the answers of the subject” ) [Par 257] to test the motor cortex of the user (keyboard or pan input would inherently require user’s motor cortex) [Par 257], and wherein the ordered sequence of exercises is ordered specific to a particular end goal of the user in conducting the eye exercises (set of steps, A-C, to gradually adjust refraction correction ) [Par 208],
receiving an indication that the user has completed the second eye exercise (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257]; upon the user completing the module of eye exercises, confirming to the user the completion of the module (“An indicator may be used to display graphically the degree of advancement of the refraction examination process. Transition videos could be incorporated at various times of the refraction examination process between two consecutive tests to display graphically the degree of advancement of the refraction examination process”) [Par 257].
Claim Rejections - 35 USC § 103
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.
Claim(s) 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Longo.
Re Claim 12, Longo discloses, the method of claim 1, and Longo further discloses on Fig. 5, composed of at least two different colors (multiple colors present in Fig. 5), and board pattern (optotype 51o).
But Longo does not explicitly disclose, wherein the at least one of the first and second exercises comprises a checkerboard pattern.
Longo’s optotype 51o is very similar to a checkerboard pattern. One of ordinary skill in the art would have been capable of simply modifyinh the optotype of Longo (51o) to be a checkerboard pattern. Further one of ordinary skill in the art would have been motivated to so to provide alternate arrangements for testing astigmatism features in the eye [Par 128-129].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Longo, such that a checkerboard pattern is displayed, in order to better test astigmatism features [Par 128-129].
Re Claim 14, Longo discloses, the method of claim 1, and Longo further discloses on Fig. 2, wherein at least one of the first and second exercises comprises a box (central image 21c has a border around it 21t) surrounded by a plurality of different colored borders provided on the display (transition area 21t provides multiple different colored borders around 21c).
But Longo does not explicitly disclose wherein, the box and the borders change color as the user views the display.
However, Longo does teach providing consecutive test images that are different to each eye (Fig. 5) [Par 124-127], and thus it would be well within the ability of one of ordinary skill in the art to simply provide consecutive test images with different border colors (Longo teaches central image 51c has different shapes and pattern colors). Further one of ordinary skill in the art would be motivated to do so, in order to provide a well stabilized binocular vision [Par 14].
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Longo in order to provide for, a well stabilized binocular vision [Par 14].
Claim(s) 4, 5, and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Longo in view of Fink (US 20200305707 A1).
Re Claim 4 , Longo discloses, the method of claim 1.
But Longo does not explicitly disclose wherein, at least one of the first and second exercises comprises an augmented reality exercise in which the client device of the user displays a pattern overlaid on an augmented reality view of an environment of the user.
However, within the same field of endeavor, Fink teaches, on Fig. 4, that it is desirable in ocular assessment to include, exercises comprising an augmented reality exercise (point light simuli and eye tracking through VR/AR) [Par 57-59] in which the client device of the user displays a pattern overlaid on an augmented reality view of an environment of the user (AR headset) [Par 53],
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Longo with Fink in order to provide, asses the presence of ocular, ophthalmic, neurological, etc. conditions, as taught by Fink [Par 52].
Re Claim 5, Longo in view of Fink discloses, the method of claim 4, and Longo further discloses on Fig. 2, wherein an animated eye chart (image 21c and 22c) is displayed over the augmented reality view of the environment of the user (hill 24 of Longo is VR but Fink further teaches using AR instead, as shown in the rejection of Claim 4).
Re claim 23, Longo in view of Fink discloses, the method of claim 1, and Fink further discloses, wherein receiving the selection from the user of the module of eye exercises comprises: receiving the selection of the module of eye exercises of a plurality of modules of eye exercises (“The location of a visual stimulus may be selected, for example, according to user-defined specifications and/or an outside control algorithm, such as a lookup table or map or an opportunistic algorithm. If a lookup table/map is used, a visual stimulus is placed in a location with respect to the current eye/gaze position that most closely matches the eccentricities of an untested location on the lookup table/map. If an opportunistic control algorithm is used, the visual stimulus is placed in a location with respect to the current eye/gaze position that not only delivers a previously untested eccentricity, but may also zoom in and map out or delineate an area where the subject may have exhibited atypical behavior, e.g., a visual field defect or scotoma.”) [Par 47].
Re Claim 24, Longo in view of Fink discloses, the method of claim 1, and Fink further discloses on Fig. 1, wherein receiving the indication that the user has completed the first eye exercise and the indication that the user has completed the second eye exercise (receiving eye tracking 114 and gaze position 116 based on visual stimuli 112) both comprise: receiving an interaction by the user with a user interface element (gaze position 116 and eye tracking 114 are evaluated to determine if VORP is finished 110) [Par 47].
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Longo in view of Fink, as applied to claim 4 above, and further in view of Krueger (US 20190167095 A1).
Re claim 6, Longo in view of Fink discloses, the method of claim 4, and Longo further discloses on Fig. 8, a background pattern in the view of the user (abstract graphical features 83 and 84) [Par 88].
But Longo in view of Fink does not explicitly disclose wherein a scrolling checkerboard pattern is displayed over the augmented reality view of the environment of the user.
However, within the same field of endeavor, Krueger teaches, on Fig. 21-23 and 26, that it is desirable in ocular measurement to include wherein a scrolling pattern is displayed over the view of the augmented reality environment of the user (background 1816 includes moving elements) [Par 298 and 304]
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Longo in view of Fink with Krueger in order to provide testing of vestibulo-ocular performance as taught by Krueger [Par 298].
But Longo in view of Fink and Kreguer does not explicitly disclose, a scrolling checkerboard pattern.
However, Krueger does that one of ordinary skill in the art would have been capable of providing a variety of dynamic patterns, such as moving fans at a courtside sporting event [Par 298]. Simply choosing a checkerboard pattern would have been well within the ability of one of ordinary skill in the art at the time of the invention. Further, one of ordinary skill would have been motivated to do so, to provide a more realistic methods of assessing ocular performance [Par 298].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Longo in view of Fink and Krueger, such that a scrolling checkerboard pattern is displayed, in order to provide more realistic methods of assessing ocular performance [Par 298].
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Longo in view of Fink and Krueger as applied to claim 6 above, and further in view of Schmid (US 20180125352 A1)
Re claim 7, Longo in view of Fink and Krueger discloses, the method of claim 6.
But Longo in view of Fink and Krueger does not explicitly disclose, wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in view of Fink and Krueger in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Longo in view of Fink, as applied to Claim 5 above and further in view of Schmid.
Re Claim 8, Longo in view of Fink discloses, the method of claim 5, and Longo discloses on Fig. 8, wherein the pattern comprises a plurality of curved lines of different colors and widths (curves 82 and 83).
But Longo in view of Fink does not disclose wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in view of Fink in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Claim(s) 10-11, 13, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Longo in view of Schmid.
Re Claim 10, Longo discloses, the method of claim 9.
But Longo does not explicitly disclose, wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Re Claim 11, Longo in view of Schmid discloses, the method of claim 10, and Longo further discloses on Fig. 8, wherein the pattern comprises a plurality of curved lines of different colors and widths (crescents 83 and 84 have different widths and colors).
Re Claim 13, Longo discloses, the method of claim 12.
But Longo does not explicitly disclose, wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Re Claim 15, Longo discloses, the method of claim 14.
But Longo does not explicitly disclose, wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Re Claim 17, Longo discloses, the method of claim 16.
But Longo does not explicitly disclose, wherein an animated object moves to different locations on the pattern each time the user taps on the animated object.
However, within the same field of endeavor, Schmid teaches, on Fig. 2a-2c, that it is desirable in optical testing for an animated object to move to different locations (movement of alignment mark 5) on the pattern each time the user taps on an animated object (user touches first region 13 ) [Par 75-78], wherein an animated object moves to different locations on the pattern each time the user taps on the animated object (“positioning of the alignment mark 5 can be performed directly by laying a finger on the touch-sensitive display screen”) [Par 78].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of with Longo in order to provide, improved measurement sensitivity, as taught by Shmid [Par 8].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hu (US 20200121184 A1) teaches a method for visual acuity measurement.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/RAY ALEXANDER DEAN/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872