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. 18/030,682 filed on 8/10/2023 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 200, 214, acknowledgement is made of applicant’s claim for priority based on application KR10-2020-0129232 (Republic of Korea).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blaha (US 20190150727 A1).
Regarding claim 1, Blaha discloses a method for virtual reality-based eye health measurement performed by a processor of an eye health measuring instrument, which is linked with a head-mounted display, in at least Figure 1A, the method comprising:
providing an eye health condition survey interface (paragraph 0099 states "For each patient, a type of a test to present to that patient can be selected, which involves selecting various test parameters such as, e.g., points (e.g., in the form of detection zones) to test, selecting type(s) of test targets or stimuli (including various properties of the stimuli—e.g., a size, color, shape, duration of being rendered, frequency of being rendered, etc.), and order of the presentation of the test targets on the display. The test parameters can be selected manually, e.g., via suitable user interface configured to receive input from a user such as a health care professional, or the test parameters can be selected, at least in part, automatically. For example, the test parameters can be selected, prior to or during the test, automatically, which can be done based on various factors, such as patient-specific characteristics (e.g., age, gender, anatomical characteristics, medical conditions(s), etc.) and historical information on the patient's prior performance of the test");
determining an eye health measurement method based on the provided survey interface (paragraph 0099 states "For each patient, a type of a test to present to that patient can be selected … The test parameters can be selected ... at least in part, automatically … For example, the test parameters can be selected, prior to or during the test, automatically, which can be done based on various factors, such as patient-specific characteristics (e.g., age, gender, anatomical characteristics, medical conditions(s), etc.) and historical information on the patient's prior performance of the test");
measuring eye health conditions with the determined eye health measurement method (paragraphs 0101-0106);
displaying the measurement result of the eye health conditions (paragraph 0106 states "Once the test is completed, results of the test can be rendered on the user interface", paragraph 0136); and
providing prescription content based on the measurement result of the eye health conditions (paragraph 0134 states "In some embodiments, point-for-point comparison with a panel of reference fields (e.g., homonymous hemianopia, bitemporal hemianopia, arcuate defect, nasal step, etc.) (or a test databank) provides a differential diagnosis, with relevant conditions being listed in order of their likelihood").
Regarding claim 2, Blaha discloses all the limitations of claim 1 and further discloses wherein the determination of the eye health measurement method comprises outputting at least one of a plurality of pieces of eye health measurement content (paragraph 0104 states "FIG. 3 illustrates an example of a user interface 300 that can be rendered on a display of a computing device used by a person (e.g., a healthcare professional) supervising a patient performing a visual test or activity. The user interface can additionally or alternatively be rendered to the patient ... The user interface also includes a right panel including several tabs—“Games,” “Activities,” “Tests,” “Settings,” “Data,” and “Log.” In this example, a game of Ring Runner is selected that is designed to help with suppression, stereo acuity and acuity") based on an input of the measurement subject to the survey interface (paragraph 0099 states "For each patient, a type of a test to present to that patient can be selected … The test parameters can be selected ... at least in part, automatically … For example, the test parameters can be selected, prior to or during the test, automatically, which can be done based on various factors, such as patient-specific characteristics (e.g., age, gender, anatomical characteristics, medical conditions(s), etc.) and historical information on the patient's prior performance of the test") to determine an eye health measurement method for measuring eye health of the measurement subject (paragraph 0104 states "The user interface also includes a right panel including several tabs—“Games,” “Activities,” “Tests,” “Settings,” “Data,” and “Log.” In this example, a game of Ring Runner is selected that is designed to help with suppression, stereo acuity and acuity"), wherein the eye health measurement content is content that provides an eye health condition measurement process for the measurement subject according to a predetermined parameter (paragraphs 0104, 0106).
Regarding claim 3, Blaha discloses all the limitations of claim 2 and further discloses wherein the determination of the eye health measurement method further comprises:
calculating an eye health score for each piece of the eye health measurement content based on the input of the measurement subject to the survey interface (paragraphs 0099-0101, paragraph 0133 states "visual fields are interpreted intraocularly and binocularly by comparing corresponding points in different quadrants of the same eye and of the other eye. When any particular test target or cluster of test targets is missed, the likelihood of abnormality is estimated by reporting the chances of that test target or cluster being missed in the age-matched and sex-matched normal population. This process results in each test target result being classified as normal (1), borderline (0) or abnormal (−1)", paragraph 0134 states "In some embodiments, point-for-point comparison with a panel of reference fields (e.g., homonymous hemianopia, bitemporal hemianopia, arcuate defect, nasal step, etc.) (or a test databank) provides a differential diagnosis, with relevant conditions being listed in order of their likelihood ... In some embodiments, confidence scores are provided for test results");
predicting a suspected disease based on the calculated eye health score (paragraph 0134 states "In some embodiments, point-for-point comparison with a panel of reference fields (e.g., homonymous hemianopia, bitemporal hemianopia, arcuate defect, nasal step, etc.) (or a test databank) provides a differential diagnosis, with relevant conditions being listed in order of their likelihood"); and
determining the eye health measurement method based on the predicted suspected disease (paragraph 0103).
Regarding claim 8, Blaha discloses a method for virtual reality-based eye health measurement performed by a processor of an eye health measuring instrument, which is linked with a head-mounted display, in at least Figure 1A, the method comprising:
measuring eye health conditions of a measurement subject with a virtual reality-based eye health measurement method (paragraph 0270 states "One or more aspects or features of the subject matter described herein can be realized in digital electronic circuitry, integrated circuitry, specially designed application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs) computer hardware, firmware, software, and/or combinations thereof. These various aspects or features can include implementation in one or more computer programs that are executable and/or interpretable on a programmable system including at least one programmable computer hardware, which can be special or general purpose processor, coupled to receive data and instructions from, and to transmit data and instructions to, a storage system, at least one input device, and at least one output device", paragraph 0044 states "In an exemplary embodiment, the methods and devices are used in head-mountable virtual reality devices that provide a visual reality environment on their virtual reality displays");
controlling to display eye health condition information of the measurement subject (paragraph 0106 states "Once the test is completed, results of the test can be rendered on the user interface", paragraph 0083 states "operation of the computing device 202 can be controlled via the controller 218 which can be, e.g. a touchscreen device coupled to the computing device 202 and operated by a clinician 220", paragraph 0136), which is a result of the measured eye health conditions (paragraph 0099);
determining an eye healing image, which is virtual reality content to be provided to the measurement subject (paragraphs 0099-0106), based on the generated eye health condition information (paragraph 0099); and
controlling to output the determined eye healing image to the measurement subject (paragraphs 0099-0106).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Blaha (US 20190150727 A1), in view of Lussier (US 20200272232 A1).
Regarding claim 4, Blaha discloses all the limitations of claim 1, however Blaha does not disclose wherein: the determination of the eye health measurement method comprises determining stereopsis measurement content as the eye health measurement method; and the measurement of the eye health conditions comprises: displaying at least three optotypes on a virtual reality image based on the stereopsis measurement content; determining any one of the at least three optotypes as a displacement optotype having a depth different from other optotypes and displaying each optotype; providing a stereopsis measurement interface for selecting the displacement optotype; and acquiring a stereopsis measurement result based on an input of the measurement subject to the provided stereopsis measurement interface.
Lussier teaches the determination of the eye health measurement method comprises determining stereopsis measurement content as the eye health measurement method (paragraph 0206, Figures 29A, 29B); and the measurement of the eye health conditions comprises: displaying at least three optotypes on a virtual reality image based on the stereopsis measurement content (paragraph 0206 states “For example, as illustrated in FIGS. 29A and 29B, different optotypes (e.g. letters, symbols, etc.) may be displayed simultaneously but at different perceived depths, to simulate the effect of adding a refractive optical component (e.g. change in focus/optical power) … Thus, a user could be presented with multiple images (e.g. 2 side-by-side, 4, 6 or 9 in a square array, etc.) and indicate which image is clearer and/or and most comfortable to view”); determining any one of the at least three optotypes as a displacement optotype having a depth different from other optotypes and displaying each optotype (paragraph 0206 states “a user could be presented with multiple images (e.g. 2 side-by-side, 4, 6 or 9 in a square array, etc.) and indicate which image is clearer and/or and most comfortable to view”); providing a stereopsis measurement interface for selecting the displacement optotype (paragraph 0206); and acquiring a stereopsis measurement result based on an input of the measurement subject to the provided stereopsis measurement interface (paragraph 0206 states “An eye prescription may then be derived from this information”).
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 Blaha modified by the determination of the eye health measurement method comprises determining stereopsis measurement content as the eye health measurement method; and the measurement of the eye health conditions comprises: displaying at least three optotypes on a virtual reality image based on the stereopsis measurement content; determining any one of the at least three optotypes as a displacement optotype having a depth different from other optotypes and displaying each optotype; providing a stereopsis measurement interface for selecting the displacement optotype; and acquiring a stereopsis measurement result based on an input of the measurement subject to the provided stereopsis measurement interface, as taught by Lussier, in order to evaluate a user’s visual acuity (paragraph 0206).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Blaha (US 20190150727 A1), in view of Sapiens (WO 2020176784 A1)(see attached copy).
Regarding claim 6, Blaha discloses all the limitations of claim 1, however Blaha does not disclose wherein: the determination of the eye health measurement method comprises determining eyesight measurement content as the eye health measurement method; and the measurement of the eye health conditions comprises: displaying a predetermined eyesight measurement table on a virtual reality image based on the eyesight measurement content; providing an eyesight measurement interface for selecting a target symbol from among a plurality of symbols in the displayed eyesight measurement table; and acquiring an eyesight measurement result based on an input of the measurement subject to the provided eyesight measurement interface.
Sapiens teaches wherein: the determination of the eye health measurement method comprises determining eyesight measurement content as the eye health measurement method (paragraphs 00170-00179); and the measurement of the eye health conditions comprises: displaying a predetermined eyesight measurement table (“Snellen chart”, Figure 30) based on the eyesight measurement content (Figures 30, 31); providing an eyesight measurement interface for selecting a target symbol from among a plurality of symbols in the displayed eyesight measurement table (paragraph 00179 states “the user is presented with decreasing size of a tumbling E and requested to indicate which direction the open end of the letter faces. The indication could be done by swiping in that direction on the smartphone screen or by using a separate controller with appropriate buttons for example. Another form of indication could include speech recognition, where the application gets the input by deciphering the user's spoken answer”, paragraphs 00170-00179, Figures 30, 31); and acquiring an eyesight measurement result based on an input of the measurement subject to the provided eyesight measurement interface (paragraph 0023 states “The invention comprises a method for self-administered vision screening, which includes the steps of requesting user information, performing visual acuity tests at distance or near, reporting visual acuity results, and tracking visual acuity changes. The results are instantaneously shown on the smartphone after the test, and are stored on a secured cloud server”, paragraph 00170 states “There are multiple VA test that could be used for assessing a person's vision. The most prevalent is the Snellen 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 Blaha modified by the determination of the eye health measurement method comprises determining eyesight measurement content as the eye health measurement method; and the measurement of the eye health conditions comprises: displaying a predetermined eyesight measurement table on a virtual reality image based on the eyesight measurement content; providing an eyesight measurement interface for selecting a target symbol from among a plurality of symbols in the displayed eyesight measurement table; and acquiring an eyesight measurement result based on an input of the measurement subject to the provided eyesight measurement interface, as taught by Sapiens, in order to assess a person’s vision though visual acuity (paragraphs 00169-00170).
Allowable Subject Matter
Claims 5, 7, and 9-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the combination of Blaha and Lussier disclose all the limitations of claim 4, however Blaha does not disclose wherein the displaying of the displacement optotype comprises: determining one of the at least three optotypes as a first optotype that is a displacement optotype; calculating an angle of stereopsis based on the depth to determine output positions of a 1- 1 optotype representing the first optotype in a first display region corresponding to a left eye region of the measurement subject and a 1-2 optotype representing the first optotype in a second display region corresponding to a right eye region of the measurement subject according to the calculated angle of stereopsis; and displaying the 1-1 optotype and the 1-2 optotype at the determined output positions on the first display region and the second display region, respectively, to display the displacement optotype.
Lussier teaches wherein the displaying of the displacement optotype comprises: determining one of the at least three optotypes as a first optotype that is a displacement optotype (paragraph 0206 states “a user could be presented with multiple images (e.g. 2 side-by-side, 4, 6 or 9 in a square array, etc.) and indicate which image is clearer and/or and most comfortable to view”).
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 Blaha modified by determining one of the at least three optotypes as a first optotype that is a displacement optotype, as taught by Lussier, in order to evaluate a user’s visual acuity (paragraph 0206).
However, Blaha (US 20190150727 A1), Lussier (US 20200272232 A1), Sapiens (WO 2020176784 A1), and Lewis (US 20200121050 A1)(Figure 6), either singularly or in combination, do not disclose or suggest calculating an angle of stereopsis based on the depth to determine output positions of a 1- 1 optotype representing the first optotype in a first display region corresponding to a left eye region of the measurement subject and a 1-2 optotype representing the first optotype in a second display region corresponding to a right eye region of the measurement subject according to the calculated angle of stereopsis; and displaying the 1-1 optotype and the 1-2 optotype at the determined output positions on the first display region and the second display region, respectively, to display the displacement optotype, among other claim limitations.
Regarding claim 7, Blaha discloses all the limitations of claim 1, however Blaha does not disclose wherein: the provision of the prescription content comprises providing a first eye healing image for assisting a movement of intrinsic ocular muscles or extrinsic ocular muscles; and the provision of the first eye healing image comprises: displaying objects implemented with at least two different depths on a virtual reality image; selecting any one of the displayed objects as a first object; performing blur processing on remaining objects other than the selected first object; changing and outputting a position and depth of the selected first object based on a preset criterion; and converting the first object into any one of the remaining objects according to a predetermined criterion.
Blaha (US 20190150727 A1), Lussier (US 20200272232 A1), Sapiens (WO 2020176784 A1), and Lewis (US 20200121050 A1)(Figure 6), either singularly or in combination, do not suggest or disclose the provision of the prescription content comprises providing a first eye healing image for assisting a movement of intrinsic ocular muscles or extrinsic ocular muscles; and the provision of the first eye healing image comprises: displaying objects implemented with at least two different depths on a virtual reality image; selecting any one of the displayed objects as a first object; performing blur processing on remaining objects other than the selected first object; changing and outputting a position and depth of the selected first object based on a preset criterion; and converting the first object into any one of the remaining objects according to a predetermined criterion, among other claim limitations.
Claims 9-13 depend on claim 7, so they are allowable for the same reasons.
Regarding claim 14, Blaha discloses a device for virtual reality-based eye health measurement, in at least Figure 1A, the device comprising:
an eye health measuring instrument providing a virtual reality-based eye health condition measurement service (paragraph 0044 states "In an exemplary embodiment, the methods and devices are used in head-mountable virtual reality devices that provide a visual reality environment on their virtual reality displays", paragraph 0099 states "For each patient, a type of a test to present to that patient can be selected, which involves selecting various test parameters such as, e.g., points (e.g., in the form of detection zones) to test, selecting type(s) of test targets or stimuli (including various properties of the stimuli—e.g., a size, color, shape, duration of being rendered, frequency of being rendered, etc.), and order of the presentation of the test targets on the display. The test parameters can be selected manually, e.g., via suitable user interface configured to receive input from a user such as a health care professional, or the test parameters can be selected, at least in part, automatically. For example, the test parameters can be selected, prior to or during the test, automatically, which can be done based on various factors, such as patient-specific characteristics (e.g., age, gender, anatomical characteristics, medical conditions(s), etc.) and historical information on the patient's prior performance of the test"); and
a head-mounted display (210 “display”, Figure 2A) outputting the virtual reality image (paragraph 0072 states “a head-mountable virtual reality (VR) device 208 configured to communicate with the computing device 202 and having a display 210 configured to display virtual reality (VR) environment to the user 212 wearing the VR device 208 such that the VR environment is viewed by the user”).
However, Blaha does not disclose wherein the eye health measuring instrument comprises: a body forming a body of the eye health measuring instrument; a sensor portion sensing an inflow or outflow of the head-mounted display to a head- mounted display accommodation portion disposed on the body; a disinfection portion disinfecting the head-mounted display introduced into the accommodation portion; and a processor controlling the sensor portion to acquire protection portion sensing information including at least one of position, area, direction, and angle information of a facial contact protection portion of the head-mounted display introduced into the accommodation portion, and tilting the disinfection portion toward the facial contact protection portion based on the acquired protection portion sensing information.
Lewis (US 20200121050 A1)(Figure 6) teaches a body (610 “base”, Figure 6) forming a body of the eye health measuring instrument (Figure 6); a head- mounted display accommodation portion (650 “cage”, Figure 6) disposed on the body (610 “base”, paragraph 0071 states “The cage 650 can function to protect components of a VR system”, Figure 6 shows that 650 “cage” is disposed on 610 “base”); a disinfection portion (655 “sanitization portion”, Figure 6) disinfecting the head-mounted display (“VR system”) introduced into the accommodation portion (650 “cage”, paragraph 0071 states “In FIG. 6, the cage 650 includes a sanitization system 655. In one embodiment, the sanitization system 655 is a UV light that turns on when the cage 650 is closed. In other embodiments, the sanitization system 655 is a mechanism for spraying disinfectant. A UV light and/or a spraying mechanism can be powered by the electrical subsystem 640”, Figure 6).
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 device of Blaha modified by a body forming a body of the eye health measuring instrument; a head- mounted display accommodation portion disposed on the body; a disinfection portion disinfecting the head-mounted display introduced into the accommodation portion, as taught by Lewis (Figure 6), in order to disinfect the VR system between patients in an efficient manner (paragraph 0033).
However, Blaha (US 20190150727 A1), Lussier (US 20200272232 A1), Sapiens (WO 2020176784 A1), and Lewis (US 20200121050 A1)(Figure 6), either singularly or in combination, do not disclose or suggest a sensor portion sensing an inflow or outflow of the head-mounted display to a head- mounted display accommodation portion disposed on a body, a processor controlling the sensor portion to acquire protection portion sensing information including at least one of position, area, direction, and angle information of a facial contact protection portion of the head-mounted display introduced into the accommodation portion, and tilting the disinfection portion toward the facial contact protection portion based on the acquired protection portion sensing information, among other claim limitations.
Claims 15-20 depend on claim 14, so they are allowable for the same reasons.
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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/ALAINA MARIE SWANSON/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
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