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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/06/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16, 19-25 and 27-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 16 contains the trademark/trade name “iPad®” and “AndroidTM”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a tablet/personal computing device and, accordingly, the identification/description is indefinite.
Furthermore, the Examiner points out that the trademarked terms “iPad®” and “AndroidTM” tablet are indefinite because they have formulations and designs that are altered by the manufacturer over time, making the scope of the claim uncertain.
Claim Objections
Claim 21 is objected to because of the following informalities: claim 21 is dependent upon cancelled claim 18. Appropriate correction is required. For purposes of expediting prosecution, the Examiner interprets that claim 21 should be dependent upon claim 16.
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 16, 20, 23-25 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Yam et al. (US 2019/0200858) in view of Tran et al. (US 2021/0290053).
Regarding claim 16, Yam discloses, a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading in subjects affected by visual impairment with loss of central vision (Figs. 1-29) comprising a first apparatus designed to assess eccentric reading (Para. 0021, 0137 and 0193) capabilities correlated to a retinal anatomy of a patient (Para. 0024, 0134 and 0137), said first apparatus (Para. 0151 and 0245) comprising a still camera or video camera device (Para. 0026 and 0159) adapted to visualize the retina while said patient performs preset visual tasks (Para. 0137, 0179 and 0182), at least one sensor configured to detect pupil position (Para, 0026 and 0166) and size (Para. 0141 and 0166), said device further comprising a second apparatus (Para. 0152) which comprises a screen (51) associated with a tracking device for tracking the eyes which is adapted to monitor eye movements (Para. 0153) of said patient (30), said second apparatus being adapted to control images (Para. 0121-0123 and see 41B) transmitted by said screen in order to execute eccentric exercises for visual rehabilitation (Para. 0167-0178), wherein the first apparatus is configured to acquire measurements correlated to retinal anatomy (Para. 0024, 0134 and 0137).
Yam does not explicitly disclose a second apparatus physically distinct and independent from the first apparatus and configured for autonomous home use by the patient, the second apparatus comprising which comprises-a screen selected from the group consisting of a television, a personal computer monitor, an iPad®, an AndroidTM tablet, a wearable lens and a tracking device for each eye, associated with a tracking device for tracking the eyes which is adapted to monitor eye movements of said patient based on pupil movement and/or first corneal reflection, said second apparatus being adapted to control images transmitted by said screen in order to execute eccentric exercises for visual rehabilitation, wherein the first apparatus is configured to acquire measurements correlated to retinal anatomy, and the second apparatus is configured to execute rehabilitation exercises independently of the first apparatus.
Tran teaches, from the same field of endeavor that in a device for retinal therapy in subjects affected by visual impairment (Figs. 1A-2B) that it would have been desirable to include a second apparatus (Para. 0091, 0109-0110 and see 100, 208) physically distinct and independent from the first apparatus (Para. 0091, 0109-0110 and see 202, 216, 218) and configured for autonomous home use by the patient (Para. 0091, 0109-0110 and see 100, 208), the second apparatus comprising which comprises a screen selected from the group consisting of a television, a personal computer monitor, an iPad®, an AndroidTM tablet, a wearable lens and a tracking device for each eye (Para. 0091, 0109-0110 and see 100, 208), associated with a tracking device (Para. 0008, 0108 and see 212, 214) for tracking the eyes which is adapted to monitor eye movements of said patient based on pupil movement and/or first corneal reflection (Para. 0008, 0108 and 0149), said second apparatus being adapted to control images transmitted by said screen in order to execute eccentric exercises for visual rehabilitation (Para. 0003 and 0091), wherein the first apparatus is configured to acquire measurements correlated to retinal anatomy (Para. 0171 and 0185), and the second apparatus is configured to execute rehabilitation exercises independently of the first apparatus (Para. 0003 and 0091).
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 second apparatus physically distinct and independent from the first apparatus and configured for autonomous home use by the patient, the second apparatus comprising which comprises-a screen selected from the group consisting of a television, a personal computer monitor, an iPad®, an AndroidTM tablet, a wearable lens and a tracking device for each eye, associated with a tracking device for tracking the eyes which is adapted to monitor eye movements of said patient based on pupil movement and/or first corneal reflection, said second apparatus being adapted to control images transmitted by said screen in order to execute eccentric exercises for visual rehabilitation, wherein the first apparatus is configured to acquire measurements correlated to retinal anatomy, and the second apparatus is configured to execute rehabilitation exercises independently of the first apparatus as taught by the device for retinal therapy in subjects affected by visual impairment of Tran in the device for retinal therapy in subjects affected by visual impairment of Yam since Tran teaches it is known to include these features in a device for retinal therapy in subjects affected by visual impairment for the purpose of providing an accurate, simple and precise device for retinal therapy in subjects affected by visual impairment that offers effective retinal therapy.
Regarding claim 20, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, a device for storing and controlling data acquired by said first apparatus (Para. 0150-0152 and see 55).
Regarding claim 23, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, second apparatus comprises said screen on which different images are projected with the goal of being viewed in binocular mode or monocular mode by said patient (41B), said images being in the form of letters, symbols, drawings, videos and in various colors, intensities and dimensions (Para. 0121-0123 and 41B).
Regarding claim 24, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, a position of the different images projected on said screen is substantially at an anatomical visual axis or in different eccentric positions of the retina that correspond to different viewing angles (Para. 0237 and 0245).
Regarding claim 25, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, first apparatus measures:- eccentric reading acuity (ERA) (Para. 0012, 0063, 0113 and 0167-0178); - eccentric reading speed (ERS) (Para. 0012, 0063, 0113 and 0167-0178); - eccentric visual acuity (EVA) (Para. 0012, 0063, 0113 and 0167-0178); retinal scotometry (ResCo) (Para. 0012, 0063, 0113 and 0167-0178); - dynamic fixation training (DyFix) (Para. 0012, 0063, 0113 and 0167-0178); and - pupillary reading response (PuResp) (Para. 0141).
Regarding claim 27, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, second apparatus is provided with a device for entering data relating to the eccentric visual training to be performed (Para. 0106, 0224-0225 and see 55), said second apparatus being adapted to recognize a position of the patient (Para. 0026), a center of the pupil (Para. 0026, 0137-0138 and 0166), and being adapted to monitor and record the movements of the eyes (Para. 0026, 0137-0138 and 0166).
Regarding claim 28, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, second apparatus is associated with a locator device which can be actuated by the patient in response to various visual stimuli (images, letters, words, videos) (Para. 0026, 0137-0138 and 0166).
Regarding claim 29, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, second apparatus comprises a software program designed to compare a response of the patient using said locator device with standard values in order to evaluate eccentric reading capabilities (Para. 0106, 0224-0225 and see 55).
Regarding claim 30, Yam in view of Tran discloses and teaches as set forth above, Yam further discloses, second apparatus is provided with an analysis device for analyzing, during a visual exercise, the movements of each eye of the patient that are detected by said tracking device (Para. 0026, 0137-0138, 0166 and 0182).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Yam et al. (US 2019/0200858) in view of Tran et al. (US 2021/0290053) as applied to claim 16 above, and further in view of Guenter et al. (US 2014/0247277).
Yam in view of Tran remains as applied to claim 16 above.
Yam in view of Tran does not disclose the screen and said tracking device of the first apparatus are adapted to operate at a working frequency at least equal to 105 Hz.
Guenter teaches, from the same field of endeavor that in a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading that it would have been desirable to make the screen and said tracking device of the first apparatus are adapted to operate at a working frequency at least equal to 105 Hz (Para. 0060).
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 screen and said tracking device of the first apparatus are adapted to operate at a working frequency at least equal to 105 Hz as taught by the device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Guenter in the combination of Yam in view of Tran since Guenter teaches it is known to include these features in a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading for the purpose of providing a device with reduced cost, improved performance and high resolution images.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Yam et al. (US 2019/0200858) in view of Tran et al. (US 2021/0290053) as applied to claim 16 above, and further in view of Chen et al. (US 2009/0079937).
Yam in view of Tran remains as applied to claim 16 above.
Furthermore, Yam discloses, the first apparatus comprises a video camera which defines said still camera or video camera device (Para. 0130 and see 52).
Yam in view of Tran does not disclose the camera is an infrared video camera, the said infrared video camera being adapted to monitor a simultaneous image of the retina of both eyes of said patient, a binocular pupil tracker adapted to recognize a movement of the first corneal reflection, and a detector of a position of a center of the pupil of said patient which is adapted to emit audio signals as a feedback function in order to alert when the eye of said patient moves away from an assigned position.
Chen teaches, from the same field of endeavor that in a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading that it would have been desirable to make the camera is an infrared video camera (Para. 0033), the said infrared video camera (150 of Fig. 1) being adapted to monitor a simultaneous image of the retina of both eyes of said patient, a binocular pupil tracker adapted to recognize a movement of the first corneal reflection (Para. 0098), and a detector of a position of a center of the pupil of said patient which is adapted to emit audio signals as a feedback function in order to alert when the eye of said patient moves away from an assigned position (Para. 0098).
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 camera is an infrared video camera, the said infrared video camera being adapted to monitor a simultaneous image of the retina of both eyes of said patient, a binocular pupil tracker adapted to recognize a movement of the first corneal reflection, and a detector of a position of a center of the pupil of said patient which is adapted to emit audio signals as a feedback function in order to alert when the eye of said patient moves away from an assigned position as taught by the a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Chen in the combination of Yam in view of Tran since Chen teaches it is known to include these features in a d device for retinal neuromodulation therapy and extrafoveal (eccentric) reading for the purpose of providing an accurate, efficient and cost-effective device for retinal neuromodulation therapy and extrafoveal (eccentric) reading.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Yam et al. (US 2019/0200858) in view of Tran et al. (US 2021/0290053) as applied to claim 16 above, in view of Dorin et al. (US 2022/0031503).
Yam in view of Tran remains as applied to claim 16 above.
Yam in view of Tran does not disclose the first apparatus comprises an apparatus for tomographic retina measurement (OCT).
Dorin teaches, from the same field of endeavor that in a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading that it would have been desirable to make the first apparatus comprises an apparatus for tomographic retina measurement (OCT) (Para. 0160 and 0187).
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 first apparatus comprises an apparatus for tomographic retina measurement (OCT) as taught by the device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Dorin in the combination of Yam in view of Tran since Dorin teaches it is known to include this feature in a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading for the purpose of providing effective and efficient therapy.
Response to Arguments
Applicant’s arguments with respect to claims 16, 19-25 and 27-30 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Krukowski et al. (US 2021/0330185) discloses a device for retinal therapy in subjects affected by visual impairment that includes a first apparatus correlated to a retinal anatomy of a patient and a second apparatus physically distinct and independent from the first apparatus and configured for autonomous home use by the patient, the second apparatus comprising which comprises-a screen selected from the group consisting of a television, a personal computer monitor, an iPad®, an AndroidTM tablet, a wearable lens and a tracking device for each eye, associated with a tracking device for tracking the eyes which is adapted to monitor eye movements of said patient based on pupil movement and/or first corneal reflection, said second apparatus being adapted to control images transmitted by said screen in order to execute eccentric exercises for visual rehabilitation, wherein the first apparatus is configured to acquire measurements correlated to retinal anatomy, and the second apparatus is configured to execute rehabilitation exercises independently of the first apparatus
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 9-5.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 05/29/2026
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