Prosecution Insights
Last updated: August 17, 2026
Application No. 17/973,569

APPARATUS AND METHOD FOR IMAGING AN EYE

Final Rejection §103
Filed
Oct 26, 2022
Priority
Nov 12, 2021 — provisional 63/278,609
Examiner
DINH, JACK
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
TOPCON Corporation
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
566 granted / 666 resolved
+17.0% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
17 currently pending
Career history
684
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
40.4%
+0.4% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 666 resolved cases

Office Action

§103
DETAILED ACTION 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. Claims 1-6, 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2021/0109340). Regarding claim 1, Liang (figs. 1-3 and 5, [0069], [0071], whole document) discloses a scanning apparatus OCT comprising a scanner 315, 506, 512 configured to move a scanning spot along a movement path to capture three- dimensional information of a target object ([0066]), the movement path including a plurality of b-scan paths (each one of the circular loops in fig. 2B) performed along a c-scan path (horizontal direction in fig. 2B), and a processing circuit 308/314 configured as a controller 312 to control the movement path of the scanning spot ([0069]), wherein an area of the target object covered by the movement path is independent of a length of the b-scan path. Liang discloses all the claimed limitations except to control an inter-scan time by varying a length of each of the b-scan paths and maintaining a sampling step less than a spot size. However, it is well within the knowledge of one skilled in the art to control the scanning’s speed, time interval, sampling rate, path, direction, number of times, etc. depending on the specific application. Therefore, it would have been obvious to one of ordinary skill in the art to control the scanning time for application-specific purpose. Regarding claim 2, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein each of the plurality of b-scan paths has a same shape and size (figs 1 and 2). Regarding claim 3, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein each of the plurality of b-scan paths is a closed loop that returns to a starting point (figs 1 and 2). Regarding claim 4, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein each of the plurality of b-scan paths is a circular path (figs 1 and 2). Regarding claim 5, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein the c-scan path is a spiral (figs 1 and 2). Regarding claim 6, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein the area of the target object covered by the movement path is increased in each of two dimensions by increasing a length of the c-scan path (figs 1 and 2). Regarding claim 8, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein the controller is further configured to control the b-scan path to move continuously and with a constant speed in each of x and y directions ([0076]). Regarding claim 9, Liang (figs. 1-3 and 5, [0069], [0071], whole document) further discloses wherein the controller is further configured to control the scanner to perform multiple b-scan paths in a same location before moving the scanning path to a next position along the c-scan path ([0020-[0023]). Regarding claim 10, Liang (figs. 2B, 3 and 5, [0069], [0071], whole document) further discloses wherein the c-scan path is a closed shape (figs 1 and 2; [0022]). Regarding claim 11, Liang (figs. 2B, 3 and 5, [0069], [0071], whole document) further discloses wherein the b-scan path and the c-scan path are each moved through two or three dimensions (figs 1 and 2; [0023]). Regarding claim 12, Liang (figs. 2B, 3 and 5, [0069], [0071], whole document) further discloses wherein a start of a previous b-scan is at a first angular position with respect to a center of the previous b-scan, a start of a next b-scan is at a second angular position with respect to a center of the next b-scan, and the first angular position is different than the second angular position (figs 1 and 2). Regarding claim 13, Liang (figs. 1-3 and 5, [0069], [0071], whole document) discloses a scanning method comprising moving a scanning spot along a movement path to capture three-dimensional information of a target object ([0066]), the movement path including a plurality of b-scan paths (each one of the circular loops in fig. 2B) performed along a c- scan path (horizontal direction in fig. 2B), and controlling the movement path of the scanning spot ([0069]), wherein an area of the target object covered by the movement path is independent of a length of the b-scan path. Liang discloses all the claimed limitations except to control an inter-scan time by varying a length of each of the b-scan paths and maintaining a sampling step less than a spot size. However, it is well within the knowledge of one skilled in the art to control the scanning’s speed, time interval, sampling rate, path, direction, number of times, etc. depending on the specific application. Therefore, it would have been obvious to one of ordinary skill in the art to control the scanning time for application-specific purpose. Regarding claim 14, Liang (figs. 1-3 and 5, [0069], [0071]) discloses a computer readable medium storing computer instructions that when executed by a computer perform steps comprising controlling movement of a scanning spot along a movement path to capture three- dimensional information of a target object ([0066]), the movement path including a plurality of b-scan paths (each one of the circular loops in fig. 2B) performed along a c-scan path (horizontal direction in fig. 2B), wherein an area of the target object covered by the movement path is independent of a length of the b-scan path. Liang discloses all the claimed limitations except to control an inter-scan time by varying a length of each of the b-scan paths and maintaining a sampling step less than a spot size. However, it is well within the knowledge of one skilled in the art to control the scanning’s speed, time interval, sampling rate, path, direction, number of times, etc. depending on the specific application. Therefore, it would have been obvious to one of ordinary skill in the art to control the scanning time for application-specific purpose. Response to Arguments Applicant’s arguments with respect to the 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 JACK DINH whose telephone number is (571)272-2327. The examiner can normally be reached Monday - Friday 9am-5pm. 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, Bumsuk Won can be reached at 571-272-2713. 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. /JACK DINH/Primary Examiner, Art Unit 2872 7/29/26
Read full office action

Prosecution Timeline

Oct 26, 2022
Application Filed
Nov 03, 2025
Non-Final Rejection mailed — §103
Feb 13, 2026
Interview Requested
Feb 26, 2026
Response Filed
Mar 09, 2026
Applicant Interview (Telephonic)
Mar 21, 2026
Examiner Interview Summary
Aug 03, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12702295
METHODS AND APPARATUS FOR SCREENING FOR MALADIES BY RETINAL SCAN
4y 10m to grant Granted Aug 11, 2026
Patent 12702289
SYSTEM FOR DETERMINING A SUBJECTIVE VALUE OF AN OPTICAL FEATURE OF AT LEAST A CORRECTIVE LENS ADAPTED TO AN EYE OF A SUBJECT AND ASSOCIATED METHOD
3y 10m to grant Granted Aug 11, 2026
Patent 12704694
LENS BARREL
3y 1m to grant Granted Aug 11, 2026
Patent 12699299
CONTROL CIRCUIT AND OPTICAL CIRCUIT CONTROL METHOD
2y 2m to grant Granted Aug 04, 2026
Patent 12690769
FUNDUS INFORMATION ACQUISITION METHOD AND FUNDUS INFORMATION ACQUISITION DEVICE
2y 8m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
92%
With Interview (+6.5%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 666 resolved cases by this examiner. Grant probability derived from career allowance rate.

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