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 .
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 16-18, 20 and 23-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yam et al. (US 2019/0200858).
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), 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).
In addition, the Examiner points out that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). The Examiner takes the position that the recitations “the first apparatus to be used in clinics, consulting rooms or medical centers in the presence of a medical professional” and “the second apparatus to be used directly and autonomously by the patient at home” is directed to an intended use of the apparatus, therefore the recitation does not receive patentable weight because it does not further limit the structure of the apparatus. Applicant is directed to MPEP 2114 and 2115 for claiming an apparatus.
Furthermore, the Examiner points out that Yam discloses the first apparatus to be used in clinics, consulting rooms or medical centers in the presence of a medical professional (Para. 0179 and 0182; note, discloses the device can be used at the clinic, or anywhere) and the second apparatus to be used directly and autonomously by the patient at home (Para. 0179 and 0182; note, discloses the device can be used at home or anywhere).
Regarding claim 17, Yam discloses, the still camera or video camera device comprises at least one sensor for displaying pupil size and position (Para. 0026, 0137 and 0166).
Regarding claim 18, Yam discloses, tracking device for tracking the eyes is adapted to monitor the eye movements of said patient by way of pupil movement and/or a first corneal reflection (Para. 0026, 0137 and 0166).
Regarding claim 20, Yam discloses, a device for storing and controlling data acquired by said first apparatus (Para. 0150-0152 and see 55).
Regarding claim 23, Yam 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 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 discloses, first apparatus measures:- eccentric reading acuity (ERA) (Para. 0012, 0063, 0113 and 0167-0178); - eccentric reading speed (DRS) (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 26, Yam discloses, second apparatus comprises said screen, particularly chosen from the group comprising a TV, a PC monitor, an iPad, an Android tablet, a wearable lens, and a tracking device for each eye (Para. 0150-0152 and see 51).
Regarding claim 27, Yam 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 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 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 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 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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Yam et al. (US 2019/0200858) as applied to claim 16 above, in view of Guenter et al. (US 2014/0247277).
Yam remains as applied to claim 16 above.
Yam does not disclose the screen and said tracking device 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 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 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 device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Yam 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) as applied to claim 18 above, in view of Chen et al. (US 2009/0079937).
Yam remains as applied to claim 18 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 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 a device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Yam 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) as applied to claim 16 above, in view of Dorin et al. (US 2022/0031503).
Yam remains as applied to claim 16 above.
Yam 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 device for retinal neuromodulation therapy and extrafoveal (eccentric) reading of Yam 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 filed 08/25/2025 have been fully considered but they are not persuasive. In response to applicant’s arguments that Yam does not disclose “the first apparatus to be used in clinics, consulting rooms or medical centers in the presence of a medical professional” and “the second apparatus to be used directly and autonomously by the patient at home”.
In addition, the Examiner points out that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). The Examiner takes the position that the recitations “the first apparatus to be used in clinics, consulting rooms or medical centers in the presence of a medical professional” and “the second apparatus to be used directly and autonomously by the patient at home” is directed to an intended use of the apparatus, therefore the recitation does not receive patentable weight because it does not further limit the structure of the apparatus. Applicant is directed to MPEP 2114 and 2115 for claiming an apparatus.
Furthermore, the Examiner points out that Yam discloses the first apparatus to be used in clinics, consulting rooms or medical centers in the presence of a medical professional (Para. 0179 and 0182; note, discloses the device can be used at the clinic, or anywhere) and the second apparatus to be used directly and autonomously by the patient at home (Para. 0179 and 0182; note, discloses the device can be used at home or anywhere).
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 DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 PM.
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, 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 12/01/2025