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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/19/2025 has been considered by the examiner.
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.
Claims 1-12, 14-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Abou Shousha (US 10,531,795).
Regarding claim 1, Abou Shousha discloses, a method for adjusting visual function (Fig. 4), comprising:
presenting a same preset image on a same subregional retinal area (Col. 29, lines 38-67 and Col. 30, lines 1-16 and see 402, 404) of each of the two eyes of a user respectively (Col. 30, lines 17-46 and see 402, 404); and
wherein the subregional retinal area corresponds to a subregional retinal injury in one eye (Col. 30, lines 17-46 and see 402, 404), and a time when the preset image is presented on the subregional retinal area of the eye corresponding to the subregional retinal injury area is earlier than a time when the preset image is presented on the same subregional retinal area of the other eye by a time interval a (Col 30, lines 29-46 and see 404, 416).
Abou Shousha does not explicitly disclose the time interval a inversely relates to a working frequency f of a device for presenting the preset image. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the time interval a inversely relates to a working frequency f of a device for presenting the preset image as this is a known and fundamental physics relationship/equation. As such, it would have been obvious to one of ordinary skill in the art to make the time interval a inversely relates to a working frequency f of a device for presenting the preset image as this is no more than the predictable use of prior-art elements according to their established functions of effectively and accurately determining the time interval and working frequency of a device.
Regarding claim 2, Abou Shousha discloses, the presenting the same preset image includes: presenting a stream on the same subregional retinal area of each of the two eyes of the user respectively; wherein the two streams are the same streams constructed by frames, and each of the corresponding frames of the two streams is presented with the time interval a; and each of the corresponding frames of the two streams is the same preset image (Col. 30, lines 29-46 and see 404, 416).
Regarding claim 3, Abou Shousha discloses, determining the time interval a according to the working frequency f; where a=n * 1/f; n>1 (Col. 30, lines 17-46).
Regarding claim 4, Abou Shousha discloses, the subregional retinal area is determined by steps including of: for each of the two eyes of the user, determining P points within a non-fovea area the visual field of eye (Col. 30, lines 17-46 and see 404, 414, 416); presenting a center mark on a fovea area of the visual field of the eye (Col. 29, lines 38-65); wherein the center mark is where the user focuses; and adjusting continuously luminance of a point of the P points to determine a luminance threshold of the vision of the eye (Col. 30, lines 17-46 and see 404, 414, 416); and determining the subregional retinal area corresponding to the subregional retinal injury area based on a difference between the luminance threshold of corresponding points of the two eyes (Col. 30, lines 17-46 and see 404, 414, 416).
Regarding claim 5, Abou Shousha discloses, in response to that the each of the two eyes has a subregional retinal injury area respectively (Col. 30, lines 17-50 and see 402, 404, 406), determining a subregional retinal area in each of the two eyes corresponding to a first subregional retinal injury area of a first eye of the two eyes as a first subregional retinal area (Col. 30, lines 17-50 and see 402, 404, 406); and determining a first preset image being presented to the first subregional retinal area of each of the two eyes respectively (Col. 30, lines 17-50 and see 402, 404, 406); determining a subregional retinal area in each of the two eyes corresponding to a second subregional retinal injury area of a second eye of the two eyes as a second subregional retinal area (Col. 30, lines 17-50 and see 402, 404, 406); and determining a second preset image being presented to the second subregional retinal area of each of the two eyes respectively (Col. 30, lines 17-50 and see 402, 404, 406); performing operations including: presenting the first preset image on the first subregional retinal area of each of the two eyes (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416), wherein a time when the first preset image is presented on the first subregional retinal area of the first eye is earlier than a time when the first preset image is presented on the first subregional retinal area of the second eye by a time interval a (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416); and presenting the second preset image on the second subregional retinal area of each of the two eyes, wherein a time when the second preset image is presented on the second subregional retinal area of the second eye is earlier than a time when the second preset image is presented on the second subregional retinal area of the first eye by the time interval a (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416).
Regarding claim 6, Abou Shousha discloses, for the first subregional retinal area, presenting the first preset image on the first subregional retinal area of each of the two eyes (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416); and after presenting the first preset image for adjusting visual function for both the two eyes, for the second subregional retinal area, presenting the second preset image on the second subregional retinal area of each of the two eyes of the user (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416).
Regarding claim 7, Abou Shousha discloses, for the first subregional retinal area, continually presenting, by a preset apparatus, the first preset image on the first subregional retinal area of each of the two eyes for an alternating time interval b (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416); and then for the second subregional retinal area, continually presenting, by the preset apparatus, the second preset image on the second subregional retinal area of each of the two eyes for the alternating time interval b; wherein the time interval a > the alternating time interval b (Col. 30, lines 17-67, Col. 31, lines 1-14 and see 404, 414, 416).
Regarding claim 8, Abou Shousha discloses, the first preset image includes content identical to the second preset image, and the content of the first present image is positioned differently from the content of the second preset image (Col. 29, lines 38-65).
Regarding claim 9, Abou Shousha discloses, determining a retinal injury area in one eye, dividing the subregional retinal injury area into N subregional retinal injury areas (Col. 29, lines 66-67, Col. 30, lines 1-16 and see 402, 404); determining a subregional retinal area corresponding to each of the N subregional retinal injury areas respectively, comprising: a first subregional retinal area, a second subregional retinal area,......a Nth subregional retinal area (Col. 29, lines 66-67, Col. 30, lines 1-16 and see 402, 404); for a subregional retinal injury area, performing the following steps including: presenting the same preset image on the subregional retinal area of each of the two eyes of respectively (Col. 29, line 38-Col. 30, lines 1-16); wherein the subregional retinal area corresponds to the subregional retinal injury area, and a time when the preset image is presented on the subregional retinal area of the eye with the subregional retinal injury area is earlier than a time when the preset image is presented on the corresponding subregional retinal area of the other eye by the time interval a (Col. 29, line 66-Col. 30, lines 1-16).
Regarding claim 10, Abou Shousha discloses, the step of the presenting the same preset image on the subregional retinal area of each of the two eyes includes: presenting the nth preset image on the nth subregional retinal area of each of the two eyes of the user respectively (Col. 29, line 66-Col. 30, lines 1-16 and see 406, 414, 416); and the time the nth preset image being presented on the eye with c the nth subregional retinal injury area is earlier than the time the nth preset image being presented on the other eye by the preset time interval α (Col. 29, line 66-Col. 30, lines 1-16 and see 406, 414, 416); wherein 1≤n≤N (Col. 29, line 66-Col. 30, lines 1-16 and see 406, 414, 416); and presenting the n+1th preset image on the n+1th subregional retinal area of each of the two eyes of the user respectively (Col. 29, line 66-Col. 30, lines 1-16 and see 406, 414, 416); and the time the n+1th preset image being presented on the eye with the n+1th subregional retinal injury area is earlier than the time the n+1th preset image being presented on the other eye by the preset time interval α (Col. 29, line 66-Col. 30, lines 1-16 and see 406, 414, 416).
Regarding claim 11, Abou Shousha discloses, for the nth subregional retinal area, presenting the nth preset image on the nth subregional retinal area of each of the two eyes of the user respectively (Col. 30, lines 17-67, Col. 31, lines 1-16 and see 406, 414, 416); and after finishing presenting the nth preset image on the nth subregional retinal area of each of the two eyes of the user respectively, for the n+1th subregional retinal area, presenting the n+1th preset image on the n+1th subregional retinal area of each of the two eyes of the user respectively (Col. 30, lines 17-67, Col. 31, lines 1-16 and see 406, 414, 416).
Regarding claim 12, Abou Shousha discloses, for the nth subregional retinal area, continually presenting, the nth preset image on the nth subregional retinal area of each of the two eyes of the user respectively for an alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); and for the n+1th subregional retinal area, continually presenting, the n+ 1th preset image on the n+1th subregional retinal area of each of the two eyes of the user respectively for the alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); wherein the time interval α > the alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416).
Regarding claim 14, Abou Shousha discloses, determining M subregional retinal injury areas, M≥2 (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); performing visual adjustment for each of m subregional retinal injury areas by an image sequence, M≥m≥2 (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); wherein the performing visual adjustment for each of the m subregional retinal injury areas by an image sequence, comprises: presenting each preset image of the image sequence on corresponding subregional retinal area of the each of the two eyes (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); wherein a time when a preset image of the image sequence is presented on the eye comprising the subregional retinal injury area is earlier than a time when the preset image of the image sequence is presented on the other eye by the preset time interval α (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416).
Regarding claim 15, Abou Shousha discloses, the m subregional retinal injury areas are on one of the two eyes (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416).
Regarding claim 16, Abou Shousha discloses, the step of the presenting each preset image of the image sequence on the corresponding subregional retinal area of the each of the two eyes includes: for the nth subregional retinal area, continually presenting, the nth preset image on the nth subregional retinal area of each of the two eyes of the user respectively for an alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); and for the n+1th subregional retinal area, continually presenting, apparatus the n+1th preset image on the n+ 1th subregional retinal area of each of the two eyes of the user respectively for the alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416); wherein the time interval α ≥ the alternating time interval ß (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416).
Regarding claim 18, Abou Shousha discloses, each of the image sequences has interpolated frames, and corresponding interpolated frames of the image sequences of the two eyes have the same time interval α between them (Col. 30, lines 17-67, Col. 31, line 1-16 and 406, 414, 416).
Regarding claim 19, Abou Shousha discloses, the first preset image includes content different from the second preset image, and the content of the first image is positioned differently than the content of the second image (Col. 29, lines 38-67 and Col. 30, lines 1-16 and see 402, 404).
Regarding claim 20, Abou Shousha discloses, the m subregional retinal injury areas are on the two eyes (Col. 29, lines 38-67 and Col. 30, lines 1-16 and see 402, 404).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2022/0269342) and Wang et al. (US 8,066,376) discloses a method for adjusting visual function that includes presenting a same preset image on a same subregional retinal area of each of the two eyes of a user respectively; and the preset image being presented to the same subregional retinal of each of the eyes respectively with a preset time interval α; wherein the subregional retinal area corresponds to a subregional retinal injury in one eye, and a time when the preset image is presented on the subregional retinal area of the eye corresponding to the subregional retinal injury area is earlier than a time when the preset image is presented on the same subregional retinal area of the other eye.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 05/04/2026