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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 12/19/2025. An initialed copy is attached to this Office Action.
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, 2, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (USPG Pub No. 2015/0208916) in view of Fernández Martínez et al. (USP No. 8,506,079), hereinafter “Fernández Martínez”.
Regarding claim 1, Hayashi discloses an ophthalmic apparatus (see Fig. 1), comprising: an objective lens (22) arranged so that a first measurement optical axis and a second measurement optical axis pass through (see Fig. 1, Paragraphs 119, 122), the first measurement optical axis and the second measurement optical axis being positioned at a distance from each other (Paragraphs 119, 122); an OCT optical system (100) configured to split light from a light source (101) into measurement light (LS) and reference light (LR) (see Fig. 2, Paragraph 58), to project the measurement light onto a subject's left eye or a subject's right eye via the objective lens (22) (see Fig. 1), the subject's left eye being arranged on the first measurement optical axis, the subject's right eye being arranged on the second measurement optical axis (Paragraphs 119, 122), and to detect interference light between returning light of the measurement light from the subject's left eye or the subject's right eye and the reference light having traveled through a reference optical path (Paragraph 61); an optical axis adjusting unit (2A) including at least one moveable optical component and configured to adjust an optical axis of the OCT optical system (Paragraph 45); processing circuitry (210) configured as a controller configured to control the optical axis adjusting unit (2A) so that the optical axis approximately coincides with any one of the first measurement optical axis and the second measurement optical axis (see Fig. 3, Paragraphs 119, 122); and the processing circuitry is further configured as an intraocular parameter calculator configured to calculate an intraocular parameter of the subject's left eye based on a detection result of the interference light acquired in a state where the optical axis of the OCT optical system is approximately coincides with the first measurement optical axis (Paragraphs 101, 156), and to calculate an intraocular parameter of the subject's right eye based on a detection result of the interference light acquired in a state where the optical axis of the OCT optical system is approximately coincides with the second measurement optical axis (Paragraphs 101, 156). Hayashi discloses the claimed invention, but does not specify in a state where the subject’s left eye is arranged on the first measurement optical axis and the subject’s right eye is arranged on the second measurement optical axis. In the same field of endeavor, Fernández Martínez discloses in a state where the subject’s left eye is arranged on the first measurement optical axis and the subject’s right eye is arranged on the second measurement optical axis (see Figs. 2, 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi with in a state where the subject’s left eye is arranged on the first measurement optical axis and the subject’s right eye is arranged on the second measurement optical axis of Fernández Martínez for the purpose of providing binocular measurement (Col. 1, Lines 10-12).
Regarding claim 2, Hayashi further discloses wherein before performing OCT measurement using the measurement light on one of the subject's left eye and the subject's right eye, the controller is configured to control the OCT optical system to adjust an optical path length of the reference optical path based on an axial length and a refractive power of another of the subject's left eye and the subject's right eye (Paragraphs 2, 119, 122, 156). In examining each eye sequentially, the adjusted optical path length used in order to provide the desired measurements of the first eye, is capable of being applied to the measurement of the second eye.
Regarding claim 15, Hayashi discloses wherein the OCT optical system includes an optical member (42) configured to deflect the optical axis of the OCT optical system (Paragraph 49), and the optical axis adjusting unit (41) is configured to deflect the optical axis of the OCT optical system by changing a deflection direction of the optical axis deflected by the optical member (see Fig. 1). Hayashi and Fernández Martínez teach the ophthalmic apparatus set forth above for claim 1, Fernández Martínez further discloses based on a pupillary distance of the subject (Col. 10, Lines 37-41). It would have been obvious to one of ordinary skill to provide the apparatus of Hayashi with the teachings of Fernández Martínez for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 16, Hayashi discloses wherein the optical axis adjusting unit is configured to adjust the optical axis of the OCT optical system by moving a position of the optical axis of the OCT optical system (Paragraph 125). Hayashi and Fernández Martínez teach the ophthalmic apparatus set forth above for claim 1, Fernández Martínez further discloses based on a pupillary distance of the subject. In the same field of endeavor, Shimizu discloses based on a pupillary distance of the subject (Col. 10, Lines 37-41). It would have been obvious to one of ordinary skill to provide the apparatus of Hayashi with the teachings of Fernández Martínez for at least the same reasons as those set forth above with respect to claim 1.
Claims 3-12 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (USPG Pub No. 2015/0208916) in view of Fernández Martínez (USP No. 8,506,079) as applied to claim 1 above, and further in view of Shimizu et al. (USPG Pub No. 2019/0150735), hereinafter “Shimizu”.
Regarding claim 3, Hayashi and Fernández Martínez teach the ophthalmic apparatus set forth above for claim 1, Fernández Martínez further discloses a first fixation light flux (7) and a second fixation light flux (8) (see Fig. 1, Col. 7, Line 62 – Col. 8, Line 3). It would have been obvious to one of ordinary skill to provide the apparatus of Hayashi with the teachings of Fernández Martínez for at least the same reasons as those set forth above with respect to claim 1. Hayashi and Fernández Martínez disclose the claimed invention, but do not specify further comprising: a first fixation optical system configured to project a first fixation light flux; a first deflection member configured to deflect an optical path of the measurement light; a first optical path coupling member configured to optically couple the optical path of the measurement light deflected by the first deflection member with an optical path of the first fixation light flux; a second fixation optical system configured to project a second fixation light flux; a second deflection member configured to an optical path of the measurement light; and a second optical path coupling member configured to optically couple the optical path of the measurement light deflected by the second deflection member with an optical path of the second fixation light flux. In the same field of endeavor, Shimizu discloses further comprising: a first fixation optical system (30) configured to project a first fixation light flux (see Fig. 2, Paragraph 28); a first deflection member (29) configured to deflect an optical path of the measurement light (see Fig. 2, Paragraph 30); a first optical path coupling member (35) configured to optically couple the optical path of the measurement light deflected by the first deflection member with an optical path of the first fixation light flux (see Fig. 2, Paragraphs 31, 33); a second fixation optical system (89) configured to project a second fixation light flux (see Fig. 2, Paragraph 34); a second deflection member (98) configured to an optical path of the measurement light (see Fig. 2, Paragraphs 34, 40-41); and a second optical path coupling member (71) configured to optically couple the optical path of the measurement light deflected by the second deflection member with an optical path of the second fixation light flux (see Fig. 2, Paragraphs 37-39). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi and Fernández Martínez with further comprising: a first fixation optical system configured to project a first fixation light flux; a first deflection member configured to deflect an optical path of the measurement light; a first optical path coupling member configured to optically couple the optical path of the measurement light deflected by the first deflection member with an optical path of the first fixation light flux; a second fixation optical system configured to project a second fixation light flux; a second deflection member configured to an optical path of the measurement light; and a second optical path coupling member configured to optically couple the optical path of the measurement light deflected by the second deflection member with an optical path of the second fixation light flux of Shimizu for the purpose of providing a combined conventional ophthalmic apparatus with an improved adjustment mechanism (Paragraphs 3-6).
Regarding claim 4, Hayashi discloses further comprising: a fixation optical system (30) configured to project a fixation light flux (Paragraph 36); an optical path coupling member (46) configured to optically couple an optical path of the fixation light flux with an optical path of the measurement light (see Fig. 1), and to guide the fixation light flux to the objective lens (22) (see Fig. 1); a first deflection member (42) configured to deflect an optical path of the measurement light (see Fig. 1, Paragraph 44); a first reflection member (44) configured to deflect the optical path of the measurement light deflected by the first deflection member (42) toward the subject's left eye (see Fig. 1, Paragraph 44). Hayashi and Fernández Martínez disclose the claimed invention, but do not specify a second deflection member configured to deflect an optical path of the measurement light; and a second reflection member configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye. In the same field of endeavor, Shimizu discloses a second deflection member (98) configured to deflect an optical path of the measurement light (see Fig. 2, Paragraphs 34, 40-41); and a second reflection member (71/73) configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye (see Fig. 2, Paragraph 84). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi and Fernández Martínez with a second deflection member configured to deflect an optical path of the measurement light; and a second reflection member configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye of Shimizu for the purpose of providing a combined conventional ophthalmic apparatus with an improved adjustment mechanism (Paragraphs 3-6).
Regarding claim 5, Hayashi and Fernández Martínez teach the ophthalmic apparatus set forth above for claim 1, Fernández Martínez further discloses a first fixation light flux (7) and a second fixation light flux (8) (see Fig. 1, Col. 7, Line 62 – Col. 8, Line 3). It would have been obvious to one of ordinary skill to provide the apparatus of Hayashi with the teachings of Fernández Martínez for at least the same reasons as those set forth above with respect to claim 1. Hayashi and Fernández Martínez disclose the claimed invention, but do not specify further comprising: a first deflection member configured to deflect an optical path of the measurement light; a first optical path coupling member configured to deflect the optical path of the measurement light deflected by the first deflection member toward the subject's left eye, and to transmit a first fixation light flux from a transmission direction to guide the first fixation light flux to the subject's left eye; a second deflection member configured to deflect an optical path of the measurement light; and a second optical path coupling member configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye, and to transmit a second fixation light flux from a transmission direction to guide the second fixation light flux to the subject's right eye. In the same field of endeavor, Shimizu discloses further comprising: a first deflection member (29) configured to deflect an optical path of the measurement light (see Fig. 2, Paragraph 30); a first optical path coupling member (35) configured to deflect the optical path of the measurement light deflected by the first deflection member toward the subject's left eye, and to transmit a first fixation light flux (via 30) from a transmission direction to guide the first fixation light flux to the subject's left eye (see Fig. 2, Paragraphs 31, 33, 84); a second deflection member (98) configured to deflect an optical path of the measurement light (see Fig. 2, Paragraphs 34, 40-41); and a second optical path coupling member (71) configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye, and to transmit a second fixation light flux from a transmission direction to guide the second fixation light flux to the subject's right eye (see Fig. 2, Paragraphs 37-39, 84). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi and Fernández Martínez with further comprising: a first deflection member configured to deflect an optical path of the measurement light; a first optical path coupling member configured to deflect the optical path of the measurement light deflected by the first deflection member toward the subject's left eye, and to transmit a first fixation light flux from a transmission direction to guide the first fixation light flux to the subject's left eye; a second deflection member configured to deflect an optical path of the measurement light; and a second optical path coupling member configured to deflect the optical path of the measurement light deflected by the second deflection member toward the subject's right eye, and to transmit a second fixation light flux from a transmission direction to guide the second fixation light flux to the subject's right eye of Shimizu for the purpose of providing a combined conventional ophthalmic apparatus with an improved adjustment mechanism (Paragraphs 3-6).
Regarding claim 6, Hayashi further discloses further comprising a first adjustment unit including at least one moveable optical component and configured to change an orientation of the first measurement optical axis and an orientation of the second measurement optical axis, by changing an orientation of an optical path coupling plane of the first optical path coupling member and an orientation of an optical path coupling plane of the second optical path coupling member (Paragraphs 44, 49).
Regarding claim 7, Hayashi further discloses further comprising a second adjustment unit including at least one moveable optical component and configured to change an arrangement direction of the first measurement optical axis and the second measurement optical axis, by changing a deflection direction of the first deflection member, a deflection direction of the second deflection member, an orientation of an optical path coupling plane of the first optical path coupling member, and an orientation of an optical path coupling plane of the second optical path coupling member (Paragraphs 44, 49).
Regarding claim 8, Hayashi further discloses further comprising a first adjustment unit (42) including at least one moveable optical component and configured to change an orientation of the first measurement optical axis and an orientation of the second measurement optical axis, by changing an orientation of a reflective surface of the first reflection member (“galvano mirror” deflecting in x-direction) and an orientation of a reflective surface of the second reflection member (“galvano mirror” deflecting in y-direction) (see Fig. 1, Paragraph 49).
Regarding claim 9, Hayashi further discloses further comprising a second adjustment unit including at least one moveable optical component and configured to change an arrangement direction of the first measurement optical axis and the second measurement optical axis, by changing a deflection direction of the first deflection member, a deflection direction of the second deflection member, an orientation of a reflective surface of the first reflection member, and an orientation of a reflective surface of the second reflection member (Paragraphs 45, 49).
Regarding claim 10, Hayashi further discloses further comprising a third adjustment unit including at least one moveable optical component and configured to change a distance between the first measurement optical axis and the second measurement optical axis, by moving the first deflection member and the second deflection member along the first measurement optical axis or the second measurement optical axis (Paragraph 47).
Regarding claim 11, Hayashi further discloses further comprising a prism mirror having a first deflection surface as the first deflection member and a second deflection surface as the second deflection member (see Fig. 1, Paragraph 45).
Regarding claim 12, Hayashi further discloses wherein the optical axis adjusting unit is configured to adjust the optical axis of the OCT optical system by moving the first deflection member and the second deflection member along the first measurement optical axis or the second measurement optical axis (Paragraph 45).
Regarding claim 17, Hayashi and Fernández Martínez disclose the claimed invention, but do not specify further comprising: a refractive power measurement optical system configured to project a first measurement pattern light flux along the first measurement optical axis onto the subject's left eye via the objective lens, to project a second measurement pattern light flux along the second measurement optical axis onto the subject's right eye via the objective lens, and to detect returning light of the first measurement pattern light flux from the subject's left eye and returning light of the second measurement pattern light flux from the subject's right eye; and the processing circuitry is further configured as an eye refractive power calculator configured to calculate a refractive power of the subject's left eye based on a light receiving result of the returning light of the first measurement pattern light flux and a refractive power of the subject's right eye based on a light receiving result of the returning light of the second measurement pattern light flux. In the same field of endeavor, Shimizu discloses further comprising: a refractive power measurement optical system configured to project a first measurement pattern light flux along the first measurement optical axis onto the subject's left eye via the objective lens, to project a second measurement pattern light flux along the second measurement optical axis onto the subject's right eye via the objective lens, and to detect returning light of the first measurement pattern light flux from the subject's left eye and returning light of the second measurement pattern light flux from the subject's right eye (see Fig. 2, Paragraphs 29, 84); and the processing circuitry is further configured as an eye refractive power calculator configured to calculate a refractive power of the subject's left eye based on a light receiving result of the returning light of the first measurement pattern light flux and a refractive power of the subject's right eye based on a light receiving result of the returning light of the second measurement pattern light flux (see Fig. 2, Paragraphs 29, 84). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi and Fernández Martínez with further comprising: a refractive power measurement optical system configured to project a first measurement pattern light flux along the first measurement optical axis onto the subject's left eye via the objective lens, to project a second measurement pattern light flux along the second measurement optical axis onto the subject's right eye via the objective lens, and to detect returning light of the first measurement pattern light flux from the subject's left eye and returning light of the second measurement pattern light flux from the subject's right eye; and the processing circuitry is further configured as an eye refractive power calculator configured to calculate a refractive power of the subject's left eye based on a light receiving result of the returning light of the first measurement pattern light flux and a refractive power of the subject's right eye based on a light receiving result of the returning light of the second measurement pattern light flux of Shimizu for the purpose of providing a combined conventional ophthalmic apparatus with an improved adjustment mechanism (Paragraphs 3-6).
Regarding claim 18, Hayashi, Fernández Martínez and Shimizu teach the ophthalmic apparatus set forth above for claim 17, Shimizu further discloses wherein the refractive power measurement optical system is configured to project the first measurement pattern light flux and the second measurement pattern light flux so that a focal position is at a position corresponding to an intermediate power between the refractive power of the subject's left eye and the refractive power of the subject's right eye (see Fig. 2, Paragraph 84). It would have been obvious to one of ordinary skill to provide the ophthalmic apparatus of Hayashi and Fernández Martínez with the teachings of Shimizu for at least the same reasons as those set forth above with respect to claim 17.
Regarding claim 19, Hayashi, Fernández Martínez and Shimizu teach the ophthalmic apparatus set forth above for claim 17, Shimizu further discloses wherein the refractive power measurement optical system includes: a first projection system configured to project the first measurement pattern light flux onto the subject's left eye; a second projection system configured to project the second measurement pattern light flux onto the subject's right eye; and a light reception system configured to receive the returning light of the first measurement pattern light flux and the returning light of the second measurement pattern light flux (see Fig. 2, Paragraph 84). It would have been obvious to one of ordinary skill to provide the ophthalmic apparatus of Hayashi and Fernández Martínez with the teachings of Shimizu for at least the same reasons as those set forth above with respect to claim 17.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (USPG Pub No. 2015/0208916) in view of Fernández Martínez (USP No. 8,506,079) as applied to claim 1 above, and further in view of Arikawa et al. (JP 6641730 B2), hereinafter “Arikawa”.
Regarding claim 13, Hayashi and Fernández Martínez disclose the claimed invention except for further comprising: two or more imaging units configured to photograph an anterior segment of the subject's left eye and an anterior segment of the subject's right eye from different directions each other; and a movement mechanism including an actuator and configured to move at least the OCT optical system three-dimensionally, wherein the controller is configured to change a relative position of the OCT optical system relative to the subject's left eye and the subject's right eye, and to change an orientation of the first measurement optical axis, an orientation of the second measurement optical axis, and a distance between the first measurement optical axis and the second measurement optical axis so that the first measurement optical axis coincides with a visual axis of the subject's left eye and the second measurement optical axis coincides with a visual axis of the subject's right eye, based on two or more images obtained by the two or more imaging units. In the same field of endeavor, Arikawa discloses further comprising: two or more imaging units (3A, 3B) configured to photograph an anterior segment of the subject's left eye and an anterior segment of the subject's right eye from different directions each other (see Fig. 3, Pg. 5, Paragraphs 4-6, Pg. 6, Paragraph 1 of translation); and a movement mechanism including an actuator and configured to move at least the OCT optical system three-dimensionally (see Fig. 3, Pg. 5, Paragraphs 4-6, Pg. 6, Paragraph 1), wherein the controller is configured to change a relative position of the OCT optical system relative to the subject's left eye and the subject's right eye, and to change an orientation of the first measurement optical axis, an orientation of the second measurement optical axis, and a distance between the first measurement optical axis and the second measurement optical axis so that the first measurement optical axis coincides with a visual axis of the subject's left eye and the second measurement optical axis coincides with a visual axis of the subject's right eye, based on two or more images obtained by the two or more imaging units (see Fig. 3, Pg. 5, Paragraphs 4-6, Pg. 6, Paragraph 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Hayashi and Fernández Martínez with further comprising: two or more imaging units configured to photograph an anterior segment of the subject's left eye and an anterior segment of the subject's right eye from different directions each other; and a movement mechanism including an actuator and configured to move at least the OCT optical system three-dimensionally, wherein the controller is configured to change a relative position of the OCT optical system relative to the subject's left eye and the subject's right eye, and to change an orientation of the first measurement optical axis, an orientation of the second measurement optical axis, and a distance between the first measurement optical axis and the second measurement optical axis so that the first measurement optical axis coincides with a visual axis of the subject's left eye and the second measurement optical axis coincides with a visual axis of the subject's right eye, based on two or more images obtained by the two or more imaging units of Arikawa for the purpose of capturing images of the eyes from different positions (Pg. 5, Paragraph 4).
Regarding claim 14, Hayashi, Fernández Martínez and Arikawa teach the ophthalmic apparatus set forth above for claim 13, Arikawa further discloses wherein the two or more imaging units (3A, 3B) includes: a first imaging unit including a first sensor and configured to photograph the anterior segment of the subject's left eye; a second imaging unit including a second sensor and configured to photograph the anterior segment of the subject's left eye and the anterior segment of the subject's right eye; and a third imaging unit including a third sensor and configured to the anterior segment of the subject's right eye (see Fig. 3, Pg. 5, Paragraphs 4-6, Pg. 6, Paragraph 1). It would have been obvious to one of ordinary skill to provide the ophthalmic apparatus of Hayashi and Fernández Martínez with the teachings of Arikawa for at least the same reasons as those set forth above with respect to claim 13.
Response to Arguments
Applicant’s arguments with respect to claims 1-19 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. Fernández Martínez cures the deficiencies of Hayashi and addresses the subject matter challenged by Applicant.
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.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 4/28/2026
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