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 Amendment
Receipt is acknowledged of the amendment filed 11/07/2025. Claims 1, 6, 12. 16, 18, 20 are amended and claims 1-2, 4-20 are currently pending.
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 1-2, 4-7, 10, 12-15,18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub. 2024/0252036 to Lussier et al. (hereinafter Lussier) in view of US Pat. 11,442,332 to Sprague et al. (hereinafter Sprague) and US Pat. No. 7,218,302 to Ide (hereinafter Ide).
Regarding claims 1, 12, 15, 20, Lussier discloses an apparatus configured to measure a visual acuity (VA) by a focus-tunable lens, the apparatus comprising: a display engine (light field display 3003, Fig. 31) configured to project light comprising a VA measuring image (Fig. 24-26, 29-30, 31A, 37; [0186],[0192]-[0200]); an image combiner (eyepiece; [0200]) configured to guide the light projected from the display engine; the focus-tunable lens (refractive component 3007; [0202]) provided on a path of the light guided by the image combiner; an input device configured to receive a user's input with respect to the VA measuring image (“the patient would communicate/verbalize this information to the operator or input/select via control interface 3011 the left column as the one being clearer”, Fig. 36; [0223]); a storage configured to store one or more instructions (Fig. 30); and a processor (Fig. 30) configured to execute the one or more instructions to: assign a first optical power to a first lens region and a second optical power that is different from the first optical power to a second lens region (Figs. 36-37; [0216]-[0225]); control the display engine to display the VA measuring image through a first output region and a second output region of the image combiner, which respectively correspond to the first lens region and the second lens region of the focus-tunable lens (Figs. 36-37; [0216]-[0225]); control the input device to receive the user's input (Fig. 36; [0223]); specify one optical power of the first optical power and the second optical power based on the user's input (“the patient would communicate/verbalize this information to the operator or input/select via control interface 3011 the left column as the one being clearer”, Fig. 36; [0223]); and determine a VA of a user based on the specified optical power (Figs. 36-37; [0216]-[0225]), and the first lens region is configured to measure hyperopia or myopia, and wherein the hyperopia is measured by assigning the first optical power as positive optical power, and the myopia is measured by assigning the first optical power as negative optical power (Figs. 36-37; [0216]-[0225]).
Lussier discloses the claimed invention as cited above though does not explicitly disclose: control the focus-tunable lens to assign a first optical power to a first lens region and a second optical power, the first lens region and the second lens region being included in a lens surface of the focus-tunable lens, wherein the focus-tunable lens comprises a first liquid crystal lens comprising a first strip electrode array and a second liquid crystal lens comprising a second strip electrode array that overlap each other orthogonally, wherein the first strip electrode array comprises a plurality of first strip electrodes divided into a plurality of first zones, and the second strip electrode array comprises a plurality of second strip electrodes divided into a plurality of second zones, and wherein the processor is further configured to assign the first optical power to the first lens region by setting a first voltage profile applied to at least one first strip electrode included in a first zone among the plurality of first zones corresponding to the first lens region and at least one second strip electrode included in a second zone among the plurality of second zones corresponding to the first lens region, and assign the second optical power to the second lens region by setting a second voltage profile applied to at least one first strip electrode included in a first zone among the plurality of first zones corresponding to the second lens region and at least one second strip electrode included in a second zone among the plurality of second zones corresponding to the second lens regions wherein based on an optical power of the first zone corresponding to the first lens region being equal to an optical power of the second zone corresponding to the first lens region, the first optical power is a spherical lens power.
Sprague discloses a focus-tunable lens (e.g. Fig. 3A, 3C, 4A, 7-9,10) and a processor (multi-output driver, Figs. 4A, 10) configured to control the focus-tunable lens to assign a first optical power to a first lens region (“Application of independent voltages to the concentric electrodes 210 enables the index of refraction of the liquid crystal material 370 to be varied in the radial direction, resulting in a liquid crystal Fresnel lens that introduces spherical optical power and has a tunable and controllable focal length. Application of additional independent voltages to the pixelated electrodes 310 enables the index of refraction of the liquid crystal material 370 to be varied in the lateral direction (i.e., the x-y plane), enabling introduction of additional spherical optical power and/or astigmatism and control of the rotation of the astigmatic axis.”; col. 13, ln. 60-col. 14, ln. 24) and a second optical power (“applying independent voltages to the concentric electrodes 210, i.e., the center electrode 221, the annular electrode 222, and the annular electrode 223, additional spherical optical power can be introduced”, col. 13, ln. 60-col. 14, ln. 24), the first lens region and the second lens region being included in a lens surface of the focus-tunable lens (e.g. Fig. 3A, 3C, 4A, 7-9), wherein the focus-tunable lens comprises a first liquid crystal lens (portion of liquid crystal 370 proximal to electrodes 326, 315, 316, 317, e.g. Fig. 3A, 3C, 4A, 7-9) comprising a first strip electrode array (e.g. electrodes 326, 315, 316, 317, Fig. 3A & 3C) and a second liquid crystal lens (portion of liquid crystal 370 proximal to concentric electrodes, e.g. Fig. 3A, 3C, 4A, 7-9) comprising a second strip electrode array (concentric electrodes, e.g. Fig. 3A, 3C, 4A, 7-9) that overlap each other orthogonally (Figs. 3A, 3C, 4A, 7-9), wherein the first strip electrode array comprises a plurality of first strip electrodes divided into a plurality of first zones (Figs. 3A, 3C, 4A, 7-9), and the second strip electrode array comprises a plurality of second strip electrodes divided into a plurality of second zones (Figs. 3A, 3C, 4A, 7-9), and wherein the processor is further configured to assign the first optical power to the first lens region by setting a first voltage profile applied to at least one first strip electrode included in a first zone among the plurality of first zones corresponding to the first lens region and at least one second strip electrode included in a second zone among the plurality of second zones corresponding to the first lens region, and assign the second optical power to the second lens region by setting a second voltage profile applied to at least one first strip electrode included in a first zone among the plurality of first zones corresponding to the second lens region and at least one second strip electrode included in a second zone among the plurality of second zones corresponding to the second lens regions power (“applying independent voltages to the concentric electrodes 210, i.e., the center electrode 221, the annular electrode 222, and the annular electrode 223, additional spherical optical power can be introduced”, col. 13, ln. 60-col. 14, ln. 24 & col. 14, ll. 43-52); wherein based on an optical power of the first zone corresponding to the first lens region being equal to an optical power of the second zone corresponding to the first lens region, the first optical power is a spherical lens power (col. 13, ln. 60-col. 14, ln. 24 & col. 14, ll. 43-52).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a tunable lens with strip electrodes as taught by Sprague with the system as disclosed by Lussier. The motivation would have been to provide a wide range of optical correction spanning to astigmatism correction (col. 2, ln. 28-col. 3, ln.18).
Lussier discloses the claimed invention as cited above though does not explicitly disclose: the focus-tunable lens comprises a first liquid crystal lens comprising a first strip electrode array and divided into a plurality of first zones, and a second liquid crystal lens comprising a second strip electrode array and divided into a plurality of second zones, wherein the first strip electrode array comprises a plurality of first strip electrodes having a linear shape extending along a first direction, and the second strip electrode array comprises a plurality of second strip electrodes having a linear shape extending along a second direction perpendicular to the first direction, wherein the plurality of first strip electrodes and the plurality of second strip electrodes overlap each other orthogonally.
Ide discloses the focus-tunable lens (Fig. 28) comprises a first liquid crystal lens (a first cylindrical lens 2301, Fig. 28) comprising a first strip electrode array (strip electrodes 2302, Fig. 28) and divided into a plurality of first zones (Fig. 28), and a second liquid crystal lens (second cylindrica lens 2304, Fig. 28) comprising a second strip electrode (strip electrodes 2305, Fig. 28) array and divided into a plurality of second zones (Fig. 28), wherein the first strip electrode array comprises a plurality of first strip electrodes having a linear shape extending along a first direction (Fig. 28), and the second strip electrode array comprises a plurality of second strip electrodes having a linear shape extending along a second direction perpendicular to the first direction (Fig. 28), wherein the plurality of first strip electrodes and the plurality of second strip electrodes overlap each other orthogonally (Fig. 28; col. 26, ll. 11-31 with context in col. 11, ln. 8-col. 12, ln. 67).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide linear electrodes as taught by Ide with the system as disclosed by Lussier. The motivation would have been to provide easy arrangement (col. 11, ln. 8-col. 12, ln. 67) and control of the refract (i.e. aberration and focal length) (col. 15, ll. 35-37).
Regarding claims 2 and 13, Lussier discloses a first VA measuring image displayed through the first output region and a second VA measuring image displayed through the second output region are same images having same sizes (Figs. 36-37).
Regarding claim 4, Lussier discloses the claimed invention as cited above though does not explicitly disclose strip electrodes.
Sprague discloses wherein the focus-tunable lens comprises a pixel electrode liquid crystal lens comprising a pixel electrode array, and wherein the processor is further configured to: apply a voltage to first pixel electrodes of the pixel electrode array, which pass by the first lens region, such that the first lens region has the first optical power; and apply a voltage to second pixel electrodes of the pixel electrode array, which pass by the second lens region, such that the second lens region has the second optical power (col. 13, ln. 60-col. 14, ln. 24 & col. 14, ll. 43-52).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a tunable lens with strip electrodes as taught by Sprague with the system as disclosed by Lussier. The motivation would have been to provide a wide range of optical correction spanning to astigmatism correction (col. 2, ln. 28-col. 3, ln.18).
Regarding claim 5, Lussier discloses the processor is further configured to apply a voltage to electrodes of the focus-tunable lens, when myopia or hyperopia of the user is measured (Figs. 36,37).
Regarding claim 6, Lussier discloses the claimed invention as cited above though does not explicitly disclose strip electrodes providing cylindrical lens power.
Sprague discloses the processor is further configured to apply a voltage to electrodes of the focus-tunable lens such that the first optical power has a first cylindrical lens power with a first direction, placed on the lens surface of the focus-tunable lens, as an axial direction, and the second optical power has a second cylindrical lens power with a second direction, placed on the lens surface of the focus-tunable lens and orthogonal to the first direction, as the axial direction, when astigmatism of the user is measured (col. 13, ln. 60-col. 14, ln. 24 & col. 14, ll. 43-52). .
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a tunable lens with strip electrodes as taught by Sprague with the system as disclosed by Lussier. The motivation would have been to provide a wide range of optical correction spanning to astigmatism correction (col. 2, ln. 28-col. 3, ln.18).
Regarding claims 7 and 18, Lussier discloses the input device comprises at least one of a gaze tracking sensor, a microphone, a button, and a gesture recognition sensor (Fig. 36; [0223]).
Regarding claims 10 and 19, Lussier discloses information with respect to the measured VA of the user is stored in the storage ([0196]).
Regarding claim 14, Lussier discloses changing the first optical power and the second optical power based on the specified optical power and re-assigning the changed first optical power and the changed second optical power to the focus-tunable lens; displaying the VA measuring image and receiving a second input of the user; re-specifying one optical power of the changed first optical power and the changed second optical power based on the second input of the user; and determining the VA of the user based on the re-specified optical power ([0223]).
Claims 8, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lussier in view of Sprague and Ide, as applied to claim 1, and further in view US Pat. No. 10,345,590 to Samec et al. (hereinafter Samec).
Regarding claim 8, Lussier discloses the claimed invention as cited above though does not explicitly disclose: wherein the image combiner is further configured to guide the light projected from the display engine to a target region and project light of a real scene, and wherein the focus-tunable lens is provided on a path of the light guided from the image combiner to the target region.
Samec discloses the image combiner is further configured to guide the light projected from the display engine to a target region and project light of a real scene, and wherein the focus-tunable lens is provided on a path of the light guided from the image combiner to the target region (“ophthalmic device may also direct ambient light from the surrounding world, e.g., in front of the user, to the eyes of the user through display lens (106)”; col. 87, ll. 3-38).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to the claimed image combiner as taught by Samec with the system as disclosed by Lussier. The motivation would have been to integrate the visual acuity test in an end-user owned electronic apparatus, such as an augmented reality headset.
Regarding claim 9, Lussier discloses the claimed invention as cited above though does not explicitly disclose the image combiner comprises one of a waveguide, multiple mirrors, and a reflective mirror.
Samec discloses wherein the image combiner comprises one of a waveguide (“the VFE or adaptable optics may be included with a waveguide stack, as described in connection with FIG. 10E”; col. 88, ll. 65-67), multiple mirrors, and a reflective mirror.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to the claimed image combiner as taught by Samec with the system as disclosed by Lussier. The motivation would have been to integrate the visual acuity test in an end-user owned electronic apparatus, such as an augmented reality headset.
Regarding claim 11, Lussier discloses the claimed invention as cited above though does not explicitly disclose the apparatus comprises an augmented reality (AR) device.
Samec discloses the apparatus comprises an augmented reality (AR) device (“method 1500 can be used to provide information to an augmented (or virtual) reality device, such as the device 1400 described herein with reference to FIG. 14 or other similar devices described herein”; col. 145, ll. 3-13).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to the claimed image combiner as taught by Samec with the system as disclosed by Lussier. The motivation would have been to integrate the visual acuity test in an end-user owned electronic apparatus, such as an augmented reality headset.
Allowable Subject Matter
Claims 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, taken alone or in combination with other references, neither teaches nor suggests: determining astigmatism, as limited in the claim.
Response to Arguments
Applicant’s arguments with respect to claims 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.
Conclusion
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 CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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, 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.
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.
/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872