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 .
Election/Restrictions
Applicant’s election without traverse of Group II, Claims 8-17 in the reply filed on 10/31/2025 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 8-9 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myr (US 2016/0000323).
Regarding claim 8, Myr discloses, an ophthalmologic disease measuring method using a portable terminal (Figs. 1-3), the ophthalmologic disease measuring method comprising:
matching, by a healthcare server (see 101 and 301), basic ophthalmology state information to basic ophthalmology result data (Claim 1) to generate ophthalmologic health standard data (Claim 6 and see of 102);
receiving, by the healthcare server, ophthalmologic state measurement information of a test subject from a user terminal (Claim 1 and see 201); and
comparing and analyzing (Claim 1), by the healthcare server, the ophthalmologic state measurement information on the basis of the ophthalmologic health standard data to generate ophthalmologic health result data (Para. 0040 and Claim 1),
wherein the generation of the ophthalmologic health standard data comprises:
preprocessing, by the healthcare server, images (see 202) included in basic ophthalmology imaging information (see 104) included in the basic ophthalmology state information (Claim 1);
extracting, by the healthcare server, analysis images from the preprocessed images (Claim 1 and see 104 and 203);
extracting, by the healthcare server, part-specific analysis images from the analysis images and diagnosing whether there is an ophthalmologic disease in the part-specific analysis images to generate basic diagnosis data (Para. 0032-0036, 0048 and Claim 1; note, discloses “diagnosis of many diseases”);
determining, by the healthcare server, disease-specific progression stages (Para. 0040; note, discloses “severity of the disease”) for the part-specific analysis images on the basis of the basic diagnosis data to generate basic determination data (Para. 0032-0036 and see 302 and 305); and
generating, by the healthcare server, the basic ophthalmology result data including the basic diagnosis data and the basic determination data corresponding to the basic diagnosis data (Para. 0048 and Claim 1).
Regarding claim 9, Myr discloses, the healthcare server simultaneously analyzes the part-specific analysis images on the basis of basic information of the test subject included in the basic ophthalmology state information to classify the basic ophthalmology imaging information according to the disease-specific progression stages (Para. 0040, 0048, 0051 and Claim 1; note, discloses “severity of the disease”).
Regarding claim 14, Myr discloses, the generation of the ophthalmologic health result data comprises: extracting, by the healthcare server, an actual analysis image (Para. 0033) from actual ophthalmology imaging information (see 104 and 105) included in the ophthalmologic state measurement information of the test subject (Claim 1); extracting, by the healthcare server, part-specific actual analysis images (see 104 and 105) from the actual analysis image to diagnose (Para. 0036 and see 302 and 305) whether there is an ophthalmologic disease in the part-specific actual analysis images and generate actual ophthalmology diagnosis data (Para. 0036 and Claim 1); determining, by the healthcare server, a disease-specific progression stage (Para. 0048; note discloses “severity of the disease”) for the part-specific actual analysis images on the basis of the actual ophthalmology diagnosis data to generate actual determination data (Para. 0032-0036 and Claim 1); and generating, by the healthcare server, the ophthalmologic health result data (Para. 0038-0039, 0045, 0048 and see 107, 204 and 207) including the actual ophthalmology diagnosis data and the actual determination data corresponding to the actual ophthalmology diagnosis data (Claim 1).
Regarding claim 15, Myr discloses, transmitting and receiving (see 206), by the healthcare server, treatment management data (Para. 0038-0039, 0045, 0048 and see 107, 204 and 207) generated in accordance with the ophthalmologic health result data with the user terminal (Claim 1).
Regarding claim 16, Myr discloses, transmitting and receiving (206), by the healthcare server, the treatment management data between the user terminal and a service link terminal (Para. 0038-0039, 0045, 0048 and see 107, 204 and 207).
Regarding claim 17, Myr discloses, an ophthalmologic disease measuring method using a portable terminal (Figs. 1-3), the ophthalmologic disease measuring method comprising:
generating, by a healthcare server (see 101 and 301), healthcare data corresponding to ophthalmologic state measurement information of a test subject (Claim 1) received from a user terminal (201);
sharing, by the healthcare server, the healthcare data with a service link terminal (Para. 0047, 0054 and see 206);
transmitting, by the healthcare server, recommendation information (Para. 0040 ,0048 and 0051) generated in accordance with the healthcare data on the basis of hospital information received from the service link terminal to the user terminal (Claim 1);
transmitting and receiving, by the healthcare server, appointment management information between the user terminal and the service link terminal (Para. 0028, 0048, 0051 and Claim 1; note, the Examiner interprets the disclosed getting treatment means scheduling an appointment is done to get the appropriate treatment); and
generating, by the service link terminal, treatment management data in accordance with the healthcare data (Claim 1),
wherein the service link terminal periodically transmits notification information about the test subject to the user terminal (Claim 1).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Myr (US 2016/0000323) as applied to claim 8 above, in view of Narashimha-Iyer et al. (US 2015/0305614).
Myr remains as applied to claim 8 above.
Furthermore, Myr discloses, the acquiring of the basic ophthalmology imaging information comprises: imaging, by the healthcare server, an eve of the test subject in a general imaging mode to acquire general imaging information (Claim 1); and imaging, by the healthcare server, the eve of the test subject in a scanner (Para. 0036) imaging mode in which a scanner is used so that a pupil of the test subject is scanned, to acquire scanner imaging information, wherein the basic ophthalmology imaging information includes a photograph or a video (see 202).
Myr does not explicitly disclose the scanning is scanned in a grid pattern.
Narashimha-Iyer teaches, from the same field of endeavor that in an ophthalmologic disease measuring method that it would have been desirable to make the scanning is scanned in a grid pattern (Para. 0052-0053 and see Figs. 7-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the scanning is scanned in a grid pattern as taught by the ophthalmologic disease measuring method of Narashimha-Iyer in the ophthalmologic disease measuring method of Myr since Narashimha-Iyer teaches it is known to include these features in an ophthalmologic disease measuring method for the purpose of providing an accurate and efficient ophthalmologic disease measuring method.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Myr (US 2016/0000323) in view of Narashimha-Iyer et al. (US 2015/0305614) as applied to claim 10 above, and further in view of Roshan et al. (US 2018/0333092).
Myr in view of Narashimha-Iyer remains as applied to claim 10 above.
Myr in view of Narashimha-Iyer does not disclose a filtering operation of determining. when the basic ophthalmology imaging information is the video. normal images from the video and extracting at least ten images.
Roshan teaches, from the same field of endeavor that in an ophthalmologic disease measuring method that it would have been desirable to include a filtering operation of determining. when the basic ophthalmology imaging information is the video. normal images from the video and extracting at least ten images (Para. 0104 and 0135, note discloses “a video stream” which the Examiner interprets to be more than ten images).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a filtering operation of determining. when the basic ophthalmology imaging information is the video. normal images from the video and extracting at least ten images as taught by the ophthalmologic disease measuring method of Roshan in the combination of Myr in view of Narashimha-Iyer since Roshan teaches it is known to include this feature in an ophthalmologic disease measuring method for the purpose of providing an ophthalmologic disease measuring method with enhanced accuracy.
Regarding claim 12, Myr, Narashimha-Iyer and Roshan discloses and teaches as set forth above, and Roshan further teaches, from the same field of endeavor that in an ophthalmologic disease measuring method that it would have been desirable to make when it is determined that there is an abnormal symptom in a corneal surface using the grid pattern in which the pupil of the test subject is scanned, diagnosing. by the healthcare server. the test subject with the ophthalmologic disease and determining a disease-specific progression stage for the test subject (Para. 0104 and 0135, note discloses “a video stream” which the Examiner interprets to be more than ten images).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the ophthalmologic disease measuring method of Roshan in the combination of Myr in view of Narashimha-Iyer since Roshan teaches it is known to include this feature in an ophthalmologic disease measuring method for the purpose of providing an ophthalmologic disease measuring method with enhanced accuracy.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Myr (US 2016/0000323) as applied to claim 8 above, and further in view of Li et al. (US 2022/01654118).
Myr remains as applied to claim 10 above.
Myr does not disclose the generation of the ophthalmologic health standard data comprises repeatedly learning, by the healthcare server, the basic ophthalmology result data corresponding to the basic ophthalmology state information to verify the basic ophthalmology result data.
Li teaches, from the same field of endeavor that in an ophthalmologic disease measuring method that it would have been desirable to make the generation of the ophthalmologic health standard data comprises repeatedly learning, by the healthcare server, the basic ophthalmology result data corresponding to the basic ophthalmology state information to verify the basic ophthalmology result data (Para. 0031 and see Figs. 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the generation of the ophthalmologic health standard data comprises repeatedly learning, by the healthcare server, the basic ophthalmology result data corresponding to the basic ophthalmology state information to verify the basic ophthalmology result data as taught by the ophthalmologic disease measuring method of Li in the ophthalmologic disease measuring method of Myr since Li teaches it is known to include these features in an ophthalmologic disease measuring method for the purpose of providing an ophthalmologic disease measuring method that offers accurate and effective early diagnosis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Huang et al. (US 2017/0164830), Tsuri (US 2016/0360958) and Kim et al. (US 2022/0313084) discloses an ophthalmologic disease management method using a portable terminal that includes matching, by a healthcare server, basic ophthalmology state information to basic ophthalmology result data to generate ophthalmologic health standard data; receiving, by the healthcare server, ophthalmologic state measurement information of a test subject from a user terminal; and comparing and analyzing, by the healthcare server, the ophthalmologic state measurement information on the basis of the ophthalmologic health standard data to generate ophthalmologic health result data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 PM.
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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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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 10/30/2025