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 .
The instant application having Application No. 18/008,429 filed on 12/05/2022 is presented for examination by the examiner.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/9/2025 has been entered.
Response to Amendment
This Office Action is in response to the communication filed 12/9/2025.
The amendments to claims 1, 4, 8, and 9, filed 12/1/2025, are acknowledged and accepted.
The cancellation of claim 3, filed 12/1/2025, is acknowledged and accepted.
Claims 1, 2, and 4-15 remain pending in the application.
Response to Arguments
Applicant's arguments regarding Kook, filed 12/1/2025, have been fully considered but they are not persuasive.
Applicant argues that modifying Ramboyong based on Kook’s disclosure of a solid cap covering an end of the portable body while in use would cover the lens of the night vision viewer of Ramboyong and therefore render the device useless. Examiner argues that while Ramboyong discloses a night vision viewer, it also discloses most of the limitations of claim 1. The combination of Ramboyong and Kook shows that a device which functions as a portable body with a monocular eyepiece, a manually actuatable interface component, a display screen, and a processor, can also have a solid cap covering an end of the portable body while in use. Additionally, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant further argues that none of the cited references, alone or in combination, disclose or suggest a system with a processor that, based on a user’s response to a prompt about a first image, is configured to generate a second image different from the first image. Examiner argues that Huang teaches this limitation in paragraphs 0065-0068, where paragraph 0067 states "After a brief delay, a new round of the game is started with a display similar to that shown in FIG. 7, but with a new set of cards where the location and type (shifted versus aligned lines) of the correct choice is different (e.g., randomly selected, etc.)".
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ramboyong (US 20080296500 A1), in view of Kook (US 20190365224 A1), and further in view of Huang (US 20150190048 A1).
Regarding claim 1, Ramboyong discloses a portable ocular screening device for tracking macular degeneration, in at least Figures 1B and 2, comprising:
a portable body (10 “viewer”) including a graduated focusing mechanism (40 “adjustable ring”, Figure 1B) including an inner chamber (Figure 2 shows that 40 "adjustable ring" is connected to 12 “center housing” and together they form an inner chamber);
a monocular eyepiece (28 “eyepiece”) disposed on the graduated focusing mechanism (40 “adjustable ring”, paragraph 0038 states “An adjustable ring 40 on the eyepiece allows the user to adjust the diopter setting to improve the focus”, Figure 1B);
a manually actuatable interface component (24 “Off/On/External Display Knob”, Figure 1A);
a display screen (48 “display assembly”) disposed within the inner chamber (paragraph 0042 states “The detector 44 and display assembly 48 are inserted into the center housing 12”, Figure 2) and facing the monocular eyepiece (paragraph 0043 states “The display electronics create an image from the signal and presents a visible image on the display panel 48. The eyepiece 28 focuses the image from the display panel to a user's eye 64. The SWIR imaging detector 44, detector electronics, display electronics, and display panel 48 are mechanically coupled such that the center of the objective lens, detector, display panel, and eyepiece are aligned along an axis 66, e.g., an optical axis”, Figure 2; and
a processor (58 “power supply electronics board”) positioned within the inner chamber (paragraph 0042 states “The power supply electronics board 58 is inserted into the housing 12”).
However, Ramboyong does not disclose a solid cap covering an end of the portable body opposite the monocular eyepiece while the portable ocular screening device is in use, the display screen configured to display a first image, and subsequent to displaying the first image, to display a prompt about the first image, and the processor configured to process a response to the prompt provided by actuation of the manually actuatable interface component, and the processor further configured to provide, and display on the display screen, a second image different than the first image, the second image being provided based on the response to the prompt.
Kook teaches a solid cap covering an end of the portable body (100 “body unit”, Figures 1, 2, 4) opposite the eyepiece (see examiner’s markup of Figure 1 which shows that the end 100 “body unit” is enclosed with a solid cap/covering) while the portable ocular screening device is in use (Figures 1, 2, and 4 show that while the device is in use, a solid cap/covering remains on the portable ocular screening device at an end of the body opposite the eyepiece).
Below is an examiner’s markup of Figure 1 of Kook pointing out a solid cap at an end of the portable body.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the portable ocular screening device for tracking macular degeneration of Ramboyong modified by a solid cap covering an end of the portable body opposite the eyepiece, as shown by Kook, in order to allow a user to adequately visualize a display screen and prevent a user from seeing outside of the device.
Huang teaches the display screen (121 “display area”) configured to display a first image (Figures 7 and 8), and subsequent to displaying the first image (Figures 7 and 8), to display a prompt about the first image (paragraph 0066 states “The test asks the subject to pick out the one card that is different from the other cards”, Figure 7), and the processor configured to process a response to the prompt provided by actuation of the manually actuatable interface component (paragraph 0067 states "Referring to FIG. 8, the subject chooses the one of the card 221-224 he believes is different from the other cards by tapping on the card on the touch screen 120 with a finger 225", paragraph 0067 states "In this example, the choice was wrong and therefore the device 100 displays the correct choice with a message 226 and displays a score 227 saying "0 correct out of 1 test”), and the processor further configured to provide, and display on the display screen, a second image different than the first image, the second image being provided based on the response to the prompt (paragraph 0067 states "After a brief delay, a new round of the game is started with a display similar to that shown in FIG. 7, but with a new set of cards where the location and type (shifted versus aligned lines) of the correct choice is different (e.g., randomly selected, etc.)").
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the portable ocular screening device for tracking macular degeneration of Ramboyong modified by the display screen configured to display a first image, and subsequent to displaying the first image, to display a prompt about the first image, and the processor configured to process a response to the prompt provided by actuation of the manually actuatable interface component, and the processor further configured to provide, and display on the display screen, a second image different than the first image, the second image being provided based on the response to the prompt, as taught by Huang, in order to reduce error and establish the users perception (paragraph 0068).
Regarding claim 2, the combination of Ramboyong, Kook, and Huang disclose all the limitations of claim 1 and further discloses a power source (“batteries”) disposed in the portable body (paragraph 0042 states “internal batteries in the battery compartment 20”, Figure 1A shows that 20 “battery compartment” is disposed in 10 “viewer”).
Regarding claim 4, the combination of Ramboyong, Kook, and Huang disclose all the limitations of claim 1 and further discloses wherein the manually actuatable interface component (24 “Off/On/External Display Knob”) is a mechanical interface selected from the group consisting of a depressible button, a pair of depressible buttons, a toggle-button, a switch, a directional pad, and a knob (24 “Off/On/External Display Knob” is a knob).
Regarding claim 5, the combination of Ramboyong, Kook, and Huang disclose all the limitations of claim 3 and further discloses wherein the processor (58 “power supply electronics board”) is electronically connected to the display screen (48 “display assembly”, paragraph 0042 states “The board 58 is electrically connected to the display electronics”) and the power source (“batteries”, paragraph 0042 states “a wiring harness connects the knobs and internal batteries in the battery compartment 20 to the power supply electronics board 58”) and responsive to actuation of the manually actuatable interface component (paragraph 0042 states “a wiring harness connects the knobs and internal batteries in the battery compartment 20 to the power supply electronics board 58” and paragraph 0044 states “The power supply electronic board 58 serves as the controlling component of the viewer 10. It accepts inputs from the Off/On/External Display Knob 24”).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ramboyong (US 20080296500 A1), in view of Kook (US 20190365224 A1), in view of Huang (US 20150190048 A1), and further in view of Davis (US 20130267783 A1).
Regarding claim 6, the combination of Ramboyong, Kook, and Huang disclose all the limitations of claim 1 and further discloses a monocular eyepiece (28 “eyepiece”, Figure 1B). However, Ramboyong does not disclose wherein the monocular eyepiece includes a magnification lens.
Davis teaches wherein the monocular eyepiece (see examiner’s markup of Figure 11) includes a magnification lens (256 “magnification lens element”, paragraph 0046 states "the magnification lens element 256 provides suitable magnification of the target image, thereby enabling viewing of the target", examiner's markup of Figure 11 shows that 256 "magnification lens element" is disposed within an eyepiece).
Below is an examiner’s markup of Figure 11 of Davis pointing out a monocular eyepiece.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the portable ocular screening device of Ramboyong modified by the monocular eyepiece including a magnification lens, as taught by Davis, in order to enable a person to view inside the device without requiring them to place their eye in close contact with an eyepiece (paragraph 0046).
Regarding claim 7, the combination of Ramboyong, Kook, Huang, and Davis disclose all the limitations of claim 6 and Ramboyong further discloses wherein the graduated focusing mechanism (40 “adjustable ring”) adjusts a distance between the lens and the display screen (paragraph 0038 states "The eyepiece 28, located in the rear of the viewer, focuses the image from the internal display panel to the user. An adjustable ring 40 on the eyepiece allows the user to adjust the diopter setting to improve the focus"). However, Ramboyong does not disclose a magnification lens.
Davis teaches a magnification lens (256 “magnification lens element”, paragraph 0046 states "the magnification lens element 256 provides suitable magnification of the target image, thereby enabling viewing of the target”).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the portable ocular screening device of Ramboyong modified by a magnification lens, as taught by Davis, in order to enable a person to view inside the device without requiring them to place their eye in close contact with an eyepiece (paragraph 0046).
Claims 8, 9, 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20150190048 A1), in view of Ramboyong (US 20080296500 A1), and further in view of Kook (US 20190365224 A1).
Regarding claim 8, Huang discloses a method of monitoring vision acuity related to macular degeneration, in at least Figures 7 and 8, comprising:
displaying, via the display screen (121 “display area”), a first image (Figures 7 and 8);
providing, via the display screen (121 “display area”), a first prompt in response to the display of the first image (paragraph 0066 states “The test asks the subject to pick out the one card that is different from the other cards”, Figure 7);
receiving a first response via an input device on the portable monocular screening device, the response indicative of a user's perception of the first image (paragraph 0067 states "Referring to FIG. 8, the subject chooses the one of the card 221-224 he believes is different from the other cards by tapping on the card on the touch screen 120 with a finger 225");
evaluating the first response to determine if the first response indicates a user accurately perceived the first image (paragraph 0067 states "In this example, the choice was wrong and therefore the device 100 displays the correct choice with a message 226 and displays a score 227 saying "0 correct out of 1 test”); and
based on the first response, displayinq, via the displav screen a second imaqe different from the first image (paragraph 0067 states "After a brief delay, a new round of the game is started with a display similar to that shown in FIG. 7, but with a new set of cards where the location and type (shifted versus aligned lines) of the correct choice is different (e.g., randomly selected, etc.)").
However, Huang does not disclose a portable monocular screening device having a display screen disposed within a body of the monocular screening device, a monocular eyepiece at a first end of the body through which the display is visible, and a solid cap covering an end of the body opposite the monocular eyepiece while the device is in use, the display screen facing the monocular eyepiece;
Ramboyong teaches a portable monocular screening device (10 “viewer”, Figure 2) having a display screen (48 “display assembly”) disposed within a body (paragraph 0042 states “The detector 44 and display assembly 48 are inserted into the center housing 12”, Figure 2) of the monocular screening device (10 “viewer”), a monocular eyepiece (28 “eyepiece”, Figure 2)at a first end of the body (10 “viewer”, Figure 2) through which the display (48 “display assembly”) is visible (paragraph 0043 states “The eyepiece 28 focuses the image from the display panel to a user's eye 64”), the display screen (48 “display assembly”) facing the monocular eyepiece (paragraph 0043 states “The display electronics create an image from the signal and presents a visible image on the display panel 48. The eyepiece 28 focuses the image from the display panel to a user's eye 64. The SWIR imaging detector 44, detector electronics, display electronics, and display panel 48 are mechanically coupled such that the center of the objective lens, detector, display panel, and eyepiece are aligned along an axis 66, e.g., an optical axis”, Figure 2).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of monitoring vision acuity related to macular degeneration of Huang modified by providing a portable monocular screening device having a display screen disposed within a body of the monocular screening device, as taught by Ramboyong, in order to make the device more compact and mobile.
Kook teaches a solid cap covering an end of the body (100 “body unit”, Figures 1, 2, 4) opposite the eyepiece (see examiner’s markup of Figure 1 which shows that the end 100 “body unit” is enclosed with a solid cap/covering) while the device is in use (Figures 1, 2, and 4 show that while the device is in use, a solid cap/covering remains on the device at an end of the body opposite the eyepiece).
Below is an examiner’s markup of Figure 1 of Kook pointing out a solid cap at an end of the portable body.
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Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the portable ocular screening device for tracking macular degeneration of Ramboyong modified by a solid cap covering an end of the portable body opposite the eyepiece, as shown by Kook, in order to allow a user to adequately visualize a display screen and prevent a user from seeing outside of the device.
Regarding claim 9, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 8 and Huang further discloses
displaying, via the display screen (121 “display area”);
providing, via the display screen (121 “display”), a second prompt in response to the display of the second image (paragraph 0068 states "Given a choice of four cards each round and allowing for zero selection error, the subject needs to make the correct choice in three rounds of the game to establish that he was able to perceive the correct choice at the acuity level being displayed");
receiving a first response via the input device on the portable monocular screening device, the response indicative of the user's perception of the second image (paragraph 0068 states “If he make the correct choice in two of three rounds (a borderline case), then one additional round is played for a total of four rounds. If the player makes the correct choice in three of four rounds, then perception is established. If he made the correct choice in two of four rounds, then perception is refuted. Thus for a choice of four cards per round, three rounds are played if the player makes no error and four rounds are played if the player makes one error”); and
evaluating the first response and the second response to determine if the first response and the second response are consistent with responses indicative of the user having macular degeneration (paragraph 0067 states "the central acuity level is established when the player chooses a sufficient number of correct cards at a certain error level” and paragraph 0068 states "Given a choice of four cards each round and allowing for zero selection error, the subject needs to make the correct choice in three rounds of the game to establish that he was able to perceive the correct choice at the acuity level being displayed. If this occurs, then the acuity level is raised (i.e., the lateral shift is made smaller) and more rounds of games are played until the user's perception is established or refuted").
Regarding claim 11, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 9 and Huang further discloses wherein in displaying the first and second images, the first image is one of an image of a circle or a distorted image of a circle (paragraph 0065 states "Other types of unevenness or distortions in a straight line, curve, or circle can also be used") and the second image is the other of the image of the circle or the distorted image (paragraph 0066 states “The test asks the subject to pick out the one card that is different from the other cards … A greater or smaller numbers of cards (for example, 2, 3, or 9 cards) could also be used”).
Regarding claim 14, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 8 and Huang further discloses storing the first response in a memory located in the portable monocular screening device (paragraph 0055 states "Referring now to FIG. 4, an input device 123 and an output device 120 are shown connected to a computer 166 of the device 100. The term computer used in this instance refers to processors, memory, data/control bus, etc", paragraph 0103 states "In a distributed computing environment, program modules may be located in both local and remote memory storage devices").
Regarding claim 15, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 8 and Huang further discloses storing the first response in an external memory (paragraph 0056 states "The test results may be transmitted or uploaded (e.g., wirelessly) to a server 168 over a network 167 (e.g., the Internet, a mobile communications network, etc.). This feature allows for the storage, tracking, review, and analysis of the test results over time to detect patterns, such as the deterioration of a patient's vision", paragraph 0103 states "In a distributed computing environment, program modules may be located in both local and remote memory storage devices").
Claims 10, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20150190048 A1), in view of Ramboyong (US 20080296500 A1), in view of Kook (US 20190365224 A1), and further in view of Bartlett (US 20120050685 A1).
Regarding claim 10, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 9, however Huang does not disclose generating a metric measuring a shape discrimination hyperacuity value based on evaluating at least the first response and the second response.
Bartlett teaches generating a metric measuring a shape discrimination hyperacuity value based on evaluating at least the first response and the second response (paragraph 0046 states “In a vision test, a variety of easier and more difficult challenges in shape discrimination may be presented to the user so that the user's capability to detect small differences in shapes can be assessed”, claim 1 states “displaying different shapes, either statically or dynamically, on said display to said user; and allowing for input to said handheld vision tester by said user in response to said displaying; determining results of said self-test from said inputs to said handheld vision tester by said user”, and claim 2 states “analyzing said results of said vision tests to determine a threshold modulation level of said shapes and a consistency of said results”, Figures 7a-8c show the results of a shape discrimination vision test).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of monitoring vision acuity related to macular degeneration of Huang modified by generating a shape discrimination hyperacuity value based on evaluating at least the first response and the second response, as taught by Bartlett, in order to ensure accurate and reliable testing results (paragraph 0051).
Regarding claim 12, the combination of Huang, Ramboyong, and Kook discloses all the limitations of claim 9, however Huang does not disclose the portable monocular screening device providing additional images and collecting additional responses until a shape-discrimination hyperacuity threshold is established.
Bartlett teaches the portable monocular screening device providing additional images and collecting additional responses until a shape-discrimination hyperacuity threshold is established (paragraph 0046 states “In a vision test, a variety of easier and more difficult challenges in shape discrimination may be presented to the user so that the user's capability to detect small differences in shapes can be assessed. The subsequent images used for such testing may progressively become more difficult to distinguish as testing progresses, they may become more difficult based on some rules regarding the ability of the user to discriminate shapes in prior images, or may even be presented to the user randomly. Very many sequences for presenting more or less difficult shapes to discriminate are possible”, and paragraph 0067 states “After some number of trials, an accurate representation of the limit of the user's modulation threshold 906 may be estimated”, Figures 7a-8c show the results of a shape discrimination vision test).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the method of monitoring vision acuity related to macular degeneration of Huang modified by additional images and collecting additional responses, as taught by Bartlett, in order to obtain sufficient data to provide accurate results.
Regarding claim 13, the combination of Huang, Ramboyong, Kook, and Bartlett discloses all the limitations of claim 12 and Huang further discloses testing only one eye at a time (paragraph 0052 states "Referring to FIGS. 3A and 3B, an occluder 160 is shown that may be used to occlude vision in one eye so the other eye can be tested using the video game of the present invention").
However, Huang does not disclose prompting a user to test a second eye.
It would have been obvious to one of ordinary skill in the art before the effective filing date to allow the portable monocular screening device to prompt a user to test a second eye, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which accomplishes the same result involves only routine skill in the art. In re Venner 120 USPQ 193, 194 (CCPA 1958).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAINA M SWANSON whose telephone number is (703)756-5809. The examiner can normally be reached Mon-Fri, 7:30am-4:00pm.
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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.
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/ALAINA MARIE SWANSON/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872