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
Claims 13 and 35 are amended and claim 38 is cancelled.
Response to Arguments
Applicant’s arguments with respect to claim 13 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.
Applicant's arguments filed 04/22/2026 have been fully considered but they are not persuasive.
Applicant argues on page 13, that combination of Sabeta, Awedh, Fukuda and Santos-Villalabos does not disclose the amended limitation of claim 35, “wherein the one or more real time prompts comprise instruction for insertion or removal of a contact lens”, because Sabeta describes that confirmatory message or waring is based on the data read by the reader 34 from the data carriers and are not based on video of the users eye.
Examiner disagrees and has cited Awdeh to disclose, ”wherein the one or more real-time prompts (from the composite digital image data, overlaid images including procedural prompts according to the patient images col. 2 lines 21-23)” and Sabeta to disclose “comprise instruction for insertion or removal of a contact lens (the current orientation of the lens 10 with respect to the user's eye, and provide feedback to the user on how to proceed, such as, to proceed with insertion when the lens 10 is properly oriented paragraph [0088])”. Awdeh teaches a real time prompt based on video image data that could be used to prompt insertion as taught by Sabeta.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 13-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US
20070274626 A1) in view of Feller (DE 102020205753 A1).
Regarding claim 13, Sabeta discloses in at least an embodiment in paragraph [0090], a method
for contact lens insertion or removal assistance (processing the coordinates of the alignment means on
the contact lens 10 to detect the position of the contact lens 10 as installed on the eye based on an
objective decision paragraph [0090]), the method comprising:
wherein the imaging device (photographing means paragraph [0090]) includes a user interface
(display means paragraph [0090]) and is configured to capture images of the face of the user while
viewing (the eye may be photographed while being exposed to light of varying intensities or illuminance,
to provide responsive images of the eye showing the pupil, iris and screla, on a display means paragraph
[0090]) the user interface (display means paragraph [0090]),
capturing one or more second images (the acquired images of eye and the lens paragraph [0090]) of at least a portion of the face of the user (eye paragraph [0090]) by the imaging device (photographing means paragraph [0090]),
wherein the one or more second images (the acquired images of eye and the lens paragraph
[0090]) comprise a representation of the eye of the user (eye paragraph [0090]) and a representation of
a contact lens (lens paragraph [0090]) on the eye of the user (the actual prescribed lens 10 is properly
placed or oriented within the eye paragraph [0090]);
analyzing, based on the one or more second images (the acquired images of eye and the lens
paragraph [0090]), placement of the contact lens on the eye of the user (this system 23 to ensure that
the actual prescribed lens 10 is properly placed or oriented within the eye paragraph [0090]); and
outputting, via the user interface (display means paragraph [0090]), an indication of proper
placement or improper placement of the contact lens (the actual prescribed lens 10 is properly placed or
oriented within the eye according the prescription fitting details, using the advisory signals outputted by
the system 23 paragraph [0090]) based on the analyzing placement of the contact lens (orientation of
the lens paragraph [0090]).
Sabeta does not disclose in paragraph [0090], capturing one or more first images of at least a portion of a face of the user by an imaging device,
wherein the one or more first images comprise a representation of an eye of the user without any contact lens;
causing, via the user interface and based on the one or more first images, output of a visual clue indicative of a user state of the user relative to the eye of the user,
wherein the visual clue has a first state indicative of a rejected user state and a second state
indicative of an accepted user state;
causing, via the user interface and in response to an accepted user state, output of one or more user instructions for insertion of a contact lens.
However Feller discloses in at least figure 3, capturing one or more first images (camera images paragraph [0029] of translation) of at least a portion of a face of the user (which detects an edge of the upper or lower eyelid and measures a distance between the eyelids, and/or determines a correct eye opening based on an image comparison using an image database stored in a memory of the device 10 paragraph [0029] of translation) by an imaging device (stereo camera system 22-1 , 22-2 fig. 3),
wherein the one or more first images (camera images paragraph [0029] of translation) comprise a representation of an eye of the user (which detects an edge of the upper or lower eyelid and measures a distance between the eyelids, and/or determines a correct eye opening based on an image comparison using an image database stored in a memory of the device 10 paragraph [0029] of translation) without any contact lens (the image determines whether the eye is open wide enough for the application of a contact lens before the lens is inserted paragraph [0030] of translation);
causing, via the user interface (display unit 24 fig. 3) and based on the one or more first images (camera images paragraph [0029] of translation), output of a visual clue (display unit 24 which displays an operating state or a detection information which represents at least one detection value paragraph [0030] of translation) indicative of a user state of the user relative to the eye of the user (the display unit can indicate, based on the detected eye opening value, whether the eye is open wide enough for the application of a contact lens or not (paragraph [0030] of translation),
wherein the visual clue (display unit 24 which displays an operating state or a detection information which represents at least one detection value paragraph [0030] of translation) has a first state indicative of a rejected user state (eye is not open wide enough for the application of a contact lens paragraph [0030] of translation) and a second state indicative of an accepted user state (eye is open wide enough for the application of a contact lens paragraph [0030] of translation);
causing, via the user interface (display unit 24 fig. 3) and in response to an accepted user state (eye is open wide enough for the application of a contact lens paragraph [0030] of translation), output of one or more user instructions for insertion of a contact lens (the display unit 24 can signal a first state, for example by a green color when all three detection values including the eye opening lie within a predetermined value range suitable for inserting a contact lens).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use images of the eye before insertion of the lens as taught by Millar in the method of Sabeta paragraph [0090]. The method utilized in the examples above provide, in preferred embodiments, a mechanism for evaluating the effect of contact lens wear on the detected shape, detected size and detected position of the tear film and relating this to comfort and discomfort by the wearer paragraph [0328]).
Regarding claim 14, The combination of Sabeta and Feller discloses all the limitations of claim 13 and further Sabeta paragraphs [0090] further discloses, wherein the one or more first images (photographing an anterior segment of the eye paragraph [0090]) comprise a
representation of an iris of the eye of the user (the eye may be photographed to provide responsive
images of the eye showing the iris paragraph [0090]).
Regarding claim 16, The combination of Sabeta and Feller discloses all the limitations of claim 13 and further Sabeta paragraphs [0090] further discloses, further comprising
providing, via the user interface (display means paragraph [0090]) and based on the one or more first
images (photographing an anterior segment of the eye paragraph [0090]), output prompts to the user
until an accepted user state is detected (the lens wearer can use this system 23 to ensure that the actual
prescribed lens 10 is properly placed or oriented within the eye according the prescription fitting details,
using the advisory signals outputted by the system 23 paragraph [0090]).
Regarding claim 17, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the one or more user instructions for
insertion of a contact lens comprise an audio instruction, a visual instruction, or both.
However Sabeta paragraph [0084] further discloses, wherein the one or more user instructions
for insertion of a contact lens comprise an audio instruction (the reader 34 thus processes the data from
any of the tags 20, 22 or 25 to determine the current orientation of the lens 10 with respect to the user's
eye, and provide feedback to the user on how to proceed, such as, to proceed with insertion when the
lens 10 is properly oriented paragraph [0088] and In another embodiment, the reader 34, as described
above, outputs an image of the lens 10 on a display 56 and can show the orientation of the lens 10 with
respect to the eye of a user paragraph [0089]) comprise an audio instruction, a visual instruction, or
both (when the contact lens 10 is properly oriented for insertion a confirmatory message can be
provided to the user, either visually or auditorily paragraph [0084]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US 20070274626
A1) in view of Feller (DE 102020205753 A1) as applied to claim 13 above and in view of Bazin (US 20220261085 A1).
Regarding claim 15, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the user state comprises one or more of an
openness of the eye of the user, a characteristic of another eye of the user, and a finger placement of
the user relative to the eye.
However Bazin discloses in at least figure 2, wherein the user state comprises one or more of an
openness of the eye of the user (the measuring eye is open paragraph [0041]), a characteristic of
another eye of the user (the other eye is closed paragraph [0041]), and a finger placement of the user
relative to the eye (the 3d coordinates of the finger and the measuring eye are determined paragraph
[0041]).
Bazin further teaches (paragraphs [0041]): "At block 250, the method 200 obtains the 3D
coordinates of the finger or fingertip and the 3D coordinates of a "measuring" eye of the user of the
electronic device. In some implementations, the 3D coordinates of the fingertip are determined using
the same techniques used to detect the finger state at block 240 or to detect the finger at block 230. In
some implementations, the 3D coordinates of the fingertip may be determined when the finger state is
detected at block 240 or when the finger is detected at block 230. In some implementations, the
measuring eye is determined by an inward facing image sensor at the electronic device. For example,
when one eye is open and the other eye is closed, an image from the inward facing image sensor
determines the open eye to be the measuring eye. In some implementations, preset information is used
to determine the measuring eye. For example, the dominant eye may be preset as the measuring eye of
the user. Alternatively, the measuring eye is preset in a registration process of the measurement
capability on the electronic device. In some implementations, the measuring eye has a known spatial
relationship to the electronic device. Then, at block 250 the method 200 computes a line of sight (LOS)
ray (e.g., a 3D line) extending from the 3D coordinates of the measuring eye through the 3D coordinates
of the fingertip into the 3D environment."
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to determine the position of the finger and open eye as taught by Bazin in the contact
assistance method of Sabeta. One would have been motivated to determine the position of the finger
and open eye because Bazin teaches that a line of sight can be calculated can be calculated with the
positions of the finger and open eye (Bazin paragraph [0041]).
Claim 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US
20070274626 A1) in view of Feller (DE 102020205753 A1) as applied to claim 13 above in view of Kim (KR 101164786 B1).
Regarding claim 18, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose wherein analyzing, based on the one or more second
images, placement of the contact lens on the eye of the user comprises using an edge detection model
to detect an edge of the contact lens.
However Kim discloses in at least figure 8, wherein analyzing, based on the one or more second
images (second image of the monochrome subject eye paragraph [0021] of translation), placement of
the contact lens (boundary surface K of contact lens paragraph [0021] of translation) on the eye of the
user (monochrome image of the subject's eye paragraph [0021] of translation) comprises using an edge
detection model (general edge search algorithm paragraph [0021] of translation) to detect an edge of
the contact lens (In determining the above boundary point (Ki), a general edge search algorithm can be
used [0021] of translation).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the edge detection model as taught by Kim in the contact lens assistance
method of Sabeta. The edge detection method allows the position of the contact lens to be adjusted to
the center of the pupil (paragraph [0021] of translation).
Regarding claim 22, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose wherein analyzing, based on the one or more second
images, placement of the contact lens on the eye of the user comprises using a mask for edge detection
to detect an edge of the contact lens.
However Kim discloses in at least figure 8, wherein analyzing, based on the one or more second
images (second image of the monochrome subject eye paragraph [0021] of translation), placement of
the contact lens (boundary surface K of contact lens paragraph [0021] of translation) on the eye of the
user (monochrome image of the subject's eye paragraph [0021] of translation) comprises using a mask
for edge detection to detect an edge of the contact lens (a general edge search algorithm, such as zero
crossing, is applied to a profile obtained by convolving the gradient mask on the radiation lines directed
outward from the pupil, thereby detecting two edges paragraph [0018] of translation).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the edge detection model as taught by Kim in the contact lens assistance
method of Sabeta. The edge detection method allows the position of the contact lens to be adjusted to
the center of the pupil (paragraph [0021] of translation).
Claim 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US
20070274626 A1) in view of Feller (DE 102020205753 A1) as applied to claim 13 above in view of Fartukov (KR 20180006284 A).
Regarding claim 19, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein analyzing, based on the one or more
second images, placement of the contact lens on the eye of the user comprises pre-processing the one
or more second images using one or more of cropping, masking, removal, or a combination thereof.
However Fartukov discloses in at least figure 4, wherein analyzing, based on the one or more
second images (normalized iris image 410 fig. 4), placement of the contact lens on the eye of the
user(the iris image can be used in mobile devices associated with contact lenses paragraph [0004] of
translation) comprises pre-processing the one or more second images (normalized iris image 410 fig. 4)
using removal (a process of removing obstacles such as eyelids and eyelashes from the iris image is
necessary paragraph [0027] of translation).
Fartukov further teaches (paragraph [0027] of translation): "Figure 4 shows an example of iris
image normalization. On the left side of Fig. 4, an annular iris image (400) is shown. And on the right side
of Fig. 4, a normalized iris image (410) of an annular iris image is shown. As in the example of the
normalized iris image (410) of Fig. 4, if part of the iris is covered by the eyelids or eyelashes, the
performance of iris recognition may deteriorate. Therefore, a process of removing obstacles such as
eyelids and eyelashes from the iris image is necessary. In this specification, the area corresponding to an
obstruction such as an eyelid or eyelash is defined as a non-iris object area. Conversely, the area
corresponding to the iris is defined as the iris object area."
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to remove eyelashes from the image as taught by Fartukov in the method of contact
assistance of Sabeta. One would have been motivated to perform the step of removing the eyelashes
from the image because Fartukov teaches that if part of the iris is covered by the eyelids or eyelashes,
the performance of iris recognition may deteriorate (Fartukov paragraphs [0027] of translation).
Regarding claim 20, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein analyzing, based on the one or more
second images, placement of the contact lens on the eye of the user comprises pre-processing the one
or more second images by digitally removing an artifact from the one or more second images.
However Fartukov discloses in at least figure 4, wherein analyzing, based on the one or more
second images (normalized iris image 410 fig. 4), placement of the contact lens on the eye of the
user(the iris image can be used in mobile devices associated with contact lenses paragraph [0004] of
translation) comprises pre-processing the one or more second images (normalized iris image 410 fig. 4)
by digitally removing an artifact from the one or more second images (a process of removing obstacles
such as eyelids and eyelashes from the iris image is necessary paragraph [0027] of translation).
Fartukov further teaches (paragraph [0027] of translation): "Figure 4 shows an example of iris
image normalization. On the left side of Fig. 4, an annular iris image (400) is shown. And on the right side
of Fig. 4, a normalized iris image (410) of an annular iris image is shown. As in the example of the
normalized iris image (410) of Fig. 4, if part of the iris is covered by the eyelids or eyelashes, the
performance of iris recognition may deteriorate. Therefore, a process of removing obstacles such as
eyelids and eyelashes from the iris image is necessary. In this specification, the area corresponding to an
obstruction such as an eyelid or eyelash is defined as a non-iris object area. Conversely, the area
corresponding to the iris is defined as the iris object area."
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to remove eyelashes from the image as taught by Fartukov in the method of contact
assistance of Fan. One would have been motivated to perform the step of removing the eyelashes from
the image because Fartukov teaches that if part of the iris is covered by the eyelids or eyelashes, the
performance of iris recognition may deteriorate (Fartukov paragraphs [0027] of translation).
Regarding claim 21, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the artifact comprises an eyelash of the
user.
However Fartukov further discloses, wherein the artifact comprises an eyelash of the user (a
process of removing obstacles such as eyelids and eyelashes from the iris image is necessary paragraph
[0027] of translation).
Fartukov further teaches (paragraph [0027] of translation): "Figure 4 shows an example of iris
image normalization. On the left side of Fig. 4, an annular iris image (400) is shown. And on the right side
of Fig. 4, a normalized iris image (410) of an annular iris image is shown. As in the example of the
normalized iris image (410) of Fig. 4, if part of the iris is covered by the eyelids or eyelashes, the
performance of iris recognition may deteriorate. Therefore, a process of removing obstacles such as
eyelids and eyelashes from the iris image is necessary. In this specification, the area corresponding to an
obstruction such as an eyelid or eyelash is defined as a non-iris object area. Conversely, the area
corresponding to the iris is defined as the iris object area."
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to remove eyelashes from the image as taught by Fartukov in the method of contact
assistance of Fan. One would have been motivated to perform the step of removing the eyelashes from
the image because Fartukov teaches that if part of the iris is covered by the eyelids or eyelashes, the
performance of iris recognition may deteriorate (Fartukov paragraphs [0027] of translation).
Claims 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US
20070274626 A1) in view of Feller (DE 102020205753 A1) as applied to claim 13 above in view of Awdeh (US 10073515 B2).
Regarding claim 23, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the one or more first images are captured
from a video.
However Awdeh discloses in at least figure 1, wherein the one or more first images (patient
images from image source 3 col. 22 lines 17-18) are captured from a video (the system comprises an
image acquisition device configured to generate substantially real-time digital video data representing
patient images of an eye of the patient col. 2 lines 10-13).
Awdeh further teaches (col. 23 lines 25-30): "Systems and methods embodying principles of the
present disclosure may provide a surgeon with the benefit of having real-time data superimposed over
the visual surgical field. Additionally, it may give the surgeon the ability to perform camera-based
operations with three-dimensional visualization, as compared to current two-dimensional technologies"
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use real time video as taught by Awdeh in the contact lens assistance method of
Sabeta. One would have been motivated to use real time video because Awdeh teaches that the real
time video is a benefit and can provide three-dimensional visualization (Awdeh col. 23 lines 25-30).
Regarding claim 24, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the one or more second images are captured from a video.
However Awdeh discloses in at least figure 1, wherein the one or more second images (the
overlaid image merges video data of the patient image with external data col. 22 lines 34-37)
are captured from a video (the system comprises an image acquisition device configured to generate
substantially real-time digital video data representing patient images of an eye of the patient col. 2 lines
10-13).
Awdeh further teaches (col. 23 lines 25-30): "Systems and methods embodying principles of the
present disclosure may provide a surgeon with the benefit of having real-time data superimposed over
the visual surgical field. Additionally, it may give the surgeon the ability to perform camera-based
operations with three-dimensional visualization, as compared to current two-dimensional technologies"
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use real time video as taught by Awdeh in the contact lens assistance method of
Sabeta. One would have been motivated to use real time video because Awdeh teaches that the real
time video is a benefit and can provide three-dimensional visualization (Awdeh col. 23 lines 25-30).
Regarding claim 25, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the one or more first images are captured
from a real time video.
However Awdeh discloses in at least figure 1, wherein the one or more first images (patient
images from image source 3 col. 22 lines 17-18) are captured from a real-time video (the system
comprises an image acquisition device configured to generate substantially real-time digital video data
representing patient images of an eye of the patient col. 2 lines 10-13).
Awdeh further teaches (col. 23 lines 25-30): "Systems and methods embodying principles of the
present disclosure may provide a surgeon with the benefit of having real-time data superimposed over
the visual surgical field. Additionally, it may give the surgeon the ability to perform camera-based
operations with three-dimensional visualization, as compared to current two-dimensional technologies"
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use real time video as taught by Awdeh in the contact lens assistance method of
Sabeta. One would have been motivated to use real time video because Awdeh teaches that the real
time video is a benefit and can provide three-dimensional visualization (Awdeh col. 23 lines 25-30).
Regarding claim 26, The combination of Sabeta and Feller discloses all the limitations of claim 13.
Sabeta paragraph [0090] does not disclose, wherein the one or more second images are
captured from a real time video.
However Awdeh discloses in at least figure 1, wherein the one or more second images (the
overlaid image merges video data of the patient image with external data col. 22 lines 34-37) are
captured from a real-time video (the system comprises an image acquisition device configured to
generate substantially real time digital video data representing patient images of an eye of the patient
col. 2 lines 10-13).
Awdeh further teaches (col. 23 lines 25-30): "Systems and methods embodying principles of the
present disclosure may provide a surgeon with the benefit of having real-time data
superimposed over the visual surgical field. Additionally, it may give the surgeon the ability to perform
camera-based operations with three-dimensional visualization, as compared to current two-dimensional
technologies"
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use real time video as taught by Awdeh in the contact lens assistance method of
Sabeta. One would have been motivated to use real time video because Awdeh teaches that the real
time video is a benefit and can provide three-dimensional visualization (Awdeh col. 23 lines 25-30).
Claims 35-36 are rejected under 35 U.S.C. 103 as being unpatentable Sabeta (US
20070274626 A1) (paragraph [0090]) in view of Awdeh (US 10073515 B2), Sabeta (US 20070274626 A1) (paragraph [0084]) and Fukuda (US 20180234415 A1).
Regarding claim 35, Sabeta discloses in at least an embodiment in paragraph [0090], a method
for contact lens insertion or removal assistance (processing the coordinates of the alignment means on
the contact lens 10 to detect the position of the contact lens 10 as installed on the eye based on an
objective decision paragraph [0090]), the method comprising:
an imaging device (photographing means paragraph [0090]),
wherein the imaging device (photographing means paragraph [0090]) includes a user interface
(display means paragraph [0090]) and is configured to capture images of the face of the user while
viewing (the eye may be photographed while being exposed to light of varying intensities or illuminance,
to provide responsive images of the eye showing the pupil, iris and screla, on a display means paragraph
[0090]) the user interface (display means paragraph [0090]),
analyzing a user state of the user to determine whether the user state is an accepted user state
(the system 23 ensures the lens is properly placed or oriented within the eye using the advisory signals
paragraph [0090] which can be indicative of the orientation of the device with respect to the desired
application site paragraph [0020]) or a rejected user state (the system 23 ensures the lens is properly
placed or oriented within the eye using the advisory signals paragraph [0090] which can be an aid to
correct the rotation or orientation of the device for placement in the preferential orientation of the lens
paragraph [0020]),
causing via the user interface (display means paragraph [0090]), output of a visual clue (advisory
signals output by the system 23 paragraph [0090] may be visual paragraph [0089]) indicative of the
user state of the user relative to the eye of the user (properly placed or oriented within the eye
paragraph [0090]), wherein the visual clue (advisory signals outputted by the system 23 paragraph
[0090] may be visual paragraph [0089]) has a first state indicative of a rejected user state (the system 23
ensures the lens is properly placed or oriented within the eye using the advisory signals paragraph
[0090] which can be an aid to correct the rotation or orientation of the device for placement in the
preferential orientation of the lens paragraph [0020]) and a second state indicative of an accepted user
state (the system 23 ensures the lens is properly placed or oriented within the eye using the advisory
signals paragraph [0090] which can be indicative of the orientation of the device with respect to the desired application site paragraph [0020]).
Sabeta does not disclose, capturing a real time video of at least a portion of a face of the user,
wherein the video comprises a representation of an eye of the user,
analyzing, based at least on video a user state of the user to determine whether the user state is
an accepted user state or a rejected user state causing via the user interface, based on the video output of a visual clue indicative of the user state of the user relative to the eye of the user,
causing via the user interface and based on the user state, output one or more real-time
prompts to be outputted to the user,
wherein the one or more real time prompts comprise instruction for insertion or removal of a contact lens;
repeating steps a-d until the user state is determined to be an accepted user state.
However Awdeh discloses in at least figure 1, capturing a real time video of at least a portion
of a face of the user (the system comprises an image acquisition device configured to generate
substantially real-time digital video data representing patient images of an eye of the patient col. 2 lines
10-13),
wherein the video comprises a representation of an eye of the user (patient images of an eye of
the patient col. 2 lines 10-13),
analyzing, based at least on video (the system comprises an image acquisition device configured
to generate substantially real-time digital video data col. 2 lines 10-13)
causing, based on the video output (the system comprises an image acquisition device
configured to generate substantially real-time digital video data col. 2 lines 10-13) of a visual clue
indicative of the user state of the user relative to the eye of the user (visual cue and user state taught
above by Sabeta),
causing based on the video (the system comprises an image acquisition device configured to
generate substantially real-time digital video data col. 2 lines 10-13) and based on the user state, output
one or more real-time prompts to be outputted to the user (user state and prompts taught above by
Sabeta);
wherein the one or more real-time prompts (from the composite digital image data, overlaid images including procedural prompts according to the patient images col. 2 lines 21-23).
Awdeh further teaches (col. 23 lines 25-30): "Systems and methods embodying principles of the
present disclosure may provide a surgeon with the benefit of having real-time data superimposed over
the visual surgical field. Additionally, it may give the surgeon the ability to perform camera-based
operations with three-dimensional visualization, as compared to current two-dimensional technologies"
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use real time video as taught by Awdeh in the contact lens assistance method of
Sabeta. One would have been motivated to use real time video because Awdeh teaches that the real
time video is a benefit and can provide three-dimensional visualization (Awdeh col. 23 lines 25-30).
Additionally Sabeta discloses in an embodiment in paragraph [0084], causing via the user interface (display 56 fig. 6) and based on the user state (when the contact lens 10 is properly oriented for insertion paragraph [0084] ), output one or more real-time prompts to be outputted to the user (the
reader 34 thus processes the data from any of the tags 20, 22 or 25 to determine the current orientation
of the lens 10 with respect to the user's eye, and provide feedback to the user on how to proceed, such
as, to proceed with insertion when the lens 10 is properly oriented paragraph [0088] and In another
embodiment, the reader 34, as described above, outputs an image of the lens 10 on a display 56 and can
show the orientation of the lens 10 with respect to the eye of a user paragraph [0089]);
instruction for insertion or removal of a contact lens (the current orientation of the lens 10 with respect to the user's eye, and provide feedback to the user on how to proceed, such as, to proceed with insertion when the lens 10 is properly oriented paragraph [0088]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the reader to output an image to determine the orientation of the lens and
output feedback to proceed with insertion of the lens as taught by Sabeta paragraph [0084] in the
method of paragraph [0090] which then uses image of the lens and the eye to ensure the lens is
properly placed within the eye. The methods are different embodiments of the same invention and can
be used together in a process to ensure the current insertion of a contact lens.
Further Fukuda discloses in at least figure 22, repeating steps a-d until the user state is
determined to be an accepted user state (this process is repeated until the wearing position
determination unit 34 determines that the wearing position is the position at which authentication is to
be performed paragraph [0200]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to repeat the steps as taught by Fukuda in the method of Sabeta. The steps are
repeated until the authentication can be performed.
Regarding claim 36, t the combination of Sabeta paragraphs [0090] and [0084], Awdeh and
Fukuda discloses all the limitations of claim 35 and Sabeta paragraph [0090] further discloses, wherein
the accepted user state comprise a properly inserted contact lens on the eye of the user (the system 23
ensures the lens is properly placed or oriented within the eye using the advisory signals paragraph
[0090] which can be indicative of the orientation of the device with respect to the desired application
site paragraph [0020]).
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Sabeta (US 20070274626
A1) (paragraph [0090]) in view of Awdeh (US 10073515 B2) Sabeta (US 20070274626 A1) (paragraph [0084]) A1) and Fukuda (US 20180234415 A1) as applied to claim 35 above and in further view of
Santos-Villalobos et al. (US 20160335474 A1).
Regarding claim 37, the combination of Sabeta paragraphs [0090] and [0084], Awdeh and
Fukuda discloses all the limitations of claim 35.
Sabeta paragraph [0090] does not disclose, wherein the accepted user state comprise a
properly removed contact lens on the eye of the user.
However Santos-Villalobos discloses in at least figure 12, wherein the accepted user state (no
contact lens is covering the iris paragraph [0147]) comprise a properly removed contact lens on the eye
of the user (a remove contact lens warring is displayed when a contact lens is covering the iris paragraph
[0147]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use an accepted user state when the contact is removed as taught by Santos-
Villalobos in the method of Sabeta. The contact lens detection can be used to determine if the iris is
covered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Endo (US 20130050643 A1) discloses an ophthalmic apparatus with imaging the eye begore a lens is inserted.
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/ANDREW R WRIGHT/Examiner, Art Unit 2872
/PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
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